A/76/168
Fostering continuous accountability
66. State Governments should actively foster, and remove all barriers to, continuous
accountability for torture and ill-treatment. This encompasses:
(a) Ratifying, without reservations, the Convention against Torture and its
Optional Protocol, and setting up national preventive mechanisms, with unconditional
access to all places of deprivation of liberty, sufficient resources and de jure and de
facto independence;
(b) Cooperating fully with international bodies which hold States to account
for their compliance with the prohibition of torture and ill-treatment, including the
Committee against Torture, the Subcommittee on Prevention of Torture, the Special
Rapporteur on torture, and other relevant treaty bodies and independent mandates;
(c) Upholding the highest standards of freedom of information and
transparency regarding State practices;
(d) Fostering democratic deliberation on all matters having an impact on the
adherence of States to the prohibition of torture and ill -treatment, including by
enabling civil society organizations, human rights defenders and investigative
journalists to document violations of human rights and support victims and their
families;
(e) Facilitating through cooperation and material support, and not interfering
with, the work of investigative and judicial authorities and other bodies engaged in
the pursuit of accountability for torture and ill-treatment;
(f) Guaranteeing access to fundamental safeguards against torture and ill treatment from the outset of deprivation of liberty, including access to legal
representation, contact with family and the right to be examined by an independent
medical doctor;
(g) Ensuring that mechanisms tasked with investigating allegations of torture
conduct their work in full independence and impartiality, and in complia nce with the
standards provided for in the Istanbul Protocol.
Adequate capacity-building and resourcing of accountability mechanisms
67. States should dedicate adequate resources to, and build the capacity of,
investigatory, prosecuting and judicial authorities and other bodies engaged in the
pursuit of accountability for torture and ill-treatment, as well as rehabilitation centres
for victims of torture and ill-treatment. Given the widespread shortcomings in
accountability processes identified in the present report, all States should consider
increasing the resources allocated to accountability mechanisms and to the provision
of reparation, including rehabilitation, for torture and ill-treatment.
Support for civil society and human rights defenders
68. States should ensure that civil society and, in particular, human rights defenders
can work in an environment free from threats, discrimination and harassment, and
that they can freely access, document and impart information that enables
accountability for victims of torture and ill-treatment.
Systematic prompt and impartial investigations
69. States should uphold their responsibility to investigate all allegations of torture
and ill-treatment that are brought to their attention, as well as “whenev er there is
reasonable ground to believe that an act of torture has been committed in any territory
under its jurisdiction”. This obligation to investigate is extended to the cases
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