A/76/168
Ensuring accessibility
73. Special measures should be taken to make accountability processes effectively
accessible for persons with particular needs or in particular situations of vulnerability,
such as women and children, persons with psychosocial or learning disabilities,
persons experiencing mental distress, including post-traumatic stress disorder, and
any persons facing difficulty in understanding, speaking, reading or writing in the
official language(s) employed in the proceedings. Access to rehabilitation should be
provided at the earliest possible opportunity, including as a means of facilitating the
participation of victims in accountability processes. Additionally, States should take
measures to alleviate the stigmatization and marginalization faced by many victims
of torture and ill-treatment, including asylum-seekers, drug users and people living
with HIV. 61
Holding States and individuals responsible for accountability deficits
74. State failure to establish appropriate accountability mechanisms or to take
reasonable and adequate measures to secure accountability for torture and ill treatment violates the prohibition on torture and ill-treatment and should be
condemned accordingly on the national, regional and international planes. Moreover,
it should be recalled that widespread or systematic breaches of the prohibition of
torture and ill-treatment not only engage the legal responsibility of States but may
also give rise to individual criminal responsibility for crimes against humanity and
war crimes before international and national courts. Failure to take the measures
required by law to ensure accountability for torture and ill-treatment gives rise to
legal responsibility, including not only State responsibility but also, in some
circumstances, individual responsibility under international criminal law.
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61
21-09914
See also A/73/207, paras. 60–74 and 77.
23/23
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