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importance of a safe and supportive environment for civil society organizations,
human rights defenders and a free and independent press. Likewise, the maintenance
of the highest standards of transparency in government records and decision -making
is indispensable for the pursuit of accountability for torture and ill -treatment. The
invaluable work of civil society organizations, which document and report torture and
ill-treatment, often in the face of systematic denial, deliberate obstruction or even
threats and abuse on the part of State authorities, cannot be overstat ed.
17. The Convention against Torture requires States to ensure an effective system of
continuous accountability, including through national legislation, policies and
practices relevant to the prohibition, prevention, investigation and redress of torture
and ill-treatment. For example, States should enact national legislation making
torture, as defined in article 1 of the Convention, a specific offence subject to
punishment commensurate with the gravity of the crime. The Committee against
Torture stressed in its general comment No. 2 (2008) that torture must be made a
distinct crime as that would “directly advance the Convention’s overarching aim”. 12
Moreover, article 11 of the Convention requires State authorities to maintain under
systematic review existing rules, instructions, methods and practices related to the
interviewing of suspects, as well as arrangements for the custody and treatment of
persons subjected to any form of arrest, detention or imprisonment within their
jurisdiction, with a view to preventing torture and ill-treatment. In conducting such
review, States should be guided by the standards reflected in relevant international
instruments, including soft law and expert guidance, 13 and the advice provided by
specialized independent bodies and civil society organizations and experts at both the
national and international levels.
18. A critical dimension of accountability on the national level is the obligation of
States: to promptly and impartially investigate acts of torture or ill -treatment
suspected or alleged to have occurred within their jurisdiction; to ensure the right of
alleged victims to complain to, and to have their case promptly and impartially
examined by, the State’s competent authorities; and to ensure that victims obtain
redress and have an enforceable right to fair and adequate compensation, including
the means for as full rehabilitation as possible. 14
19. The duty to investigate is central to relevant jurisprudence by human rights
bodies on the prohibition of torture and ill-treatment. In particular, it is firmly
established in human rights case law that, where a violation of the prohibition is
credibly alleged or suspected, States are bound to conduct a prompt, thorough and
effective investigation aimed at establishing whether a violation has occurred;
identifying and, where relevant, punishing those responsible; and providing redress
for the victim(s). 15 The duty to investigate is closely tied to securing redress and
reparation for victims of torture and ill-treatment. The Human Rights Committee tied
the duty to investigate to the right to an effective remedy, stating that: “[t]he right to
lodge complaints against maltreatment prohibited by article 7 must be recognized in
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13
14
15
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CAT/C/GC/2, para. 11.
For example, the United Nations Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules) and the Principles on Effective Interviewing for Investigations and
Information Gathering (the Méndez Principles).
Convention against Torture, arts. 12–14.
See, inter alia, Inter-American Court of Human Rights, Velásquez-Rodríguez v. Honduras,
Judgment of 29 July 1988; Human Rights Committee, general comment No. 20 (1992), para. 14;
European Court of Human Rights, Assenov and others v. Bulgaria (application No. 24760/94),
Judgment of 28 October 1998; and Human Rights Committee, Teófila Casafranca de Gómez v.
Peru, Communication No. 981/2001 (CCPR/C/78/D/981/2001), 22 July 2003.
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