A/76/168
can operate to shield State authorities from a close review of institutio nal cultures,
attitudes and/or practices, policies and laws which may have enabled or even
encouraged or prescribed the violation. Relevant stakeholders observe that ensuring
a systemic perspective to accountability is vital in contexts such as drug -related law
enforcement, interrogation techniques, the policing of protests and the intersection
between torture and corruption. Unfortunately, effective accountability at the level of
State institutions and of the State’s Government more broadly is often underm ined or
prevented by systematic denial, obstruction or diversion from institutional or systemic
failings by focusing on the individual misconduct of so -called “bad apples”. 22 Such
tendencies are widespread in spite of the prime importance of holding State agencies
accountable with a view to identifying and addressing systemic and structural
problems in order to ensure non-repetition.
B.
Individual accountability for torture and ill-treatment
24. Those who perpetrate or are otherwise involved (through consent, instigation or
acquiescence) in the infliction of torture or ill-treatment are implicated in one of the
most serious violations of human rights. Holding these individuals accountable is a
fundamental component of State obligations derived from the absolute and
non-derogable prohibition of torture and ill-treatment. Individual accountability for
torture and ill-treatment requires that individuals involved in violations of the
prohibition, whether through acts or omissions, take or be assigned respons ibility for
their misconduct, face appropriate consequences and repair or contribute to repairing
the harm caused for the benefit of victims, their next of kin and the wider community.
While ensuring that individuals responsible for perpetrating or contrib uting to torture
and ill-treatment are held to account, sanctioned and compelled to provide redress for
the violation is an integral element of accountability for torture and ill -treatment,
individual accountability is always complementary to State account ability, rather than
being a substitute for State accountability or exhaustive of accountability for torture
or ill-treatment.
25. Individual accountability for torture and ill-treatment is primarily sought by
establishing criminal or civil liability, notably by means of a criminal investigation
and prosecution or through relevant litigation. Prompt, independent, impartial and
effective investigations, in accordance with the Istanbul Protocol, and legal
accountability mechanisms not only ensure appropriate redress, but can also have a
deterrent effect against the occurrence or repetition of violations. It is now firmly
established in relevant jurisprudence that the duty of States to investigate credible
allegations or suspected incidents of torture or ill-treatment requires them to pursue
avenues of individual accountability that enable the identification and, where
appropriate, the punishment of those responsible, 23 as well as the provision of
reparations to the victim, which should encompass “compensation for the pecuniary
and non-pecuniary damage flowing from the breach”. 24
26. In practice, however, the overwhelming majority of perpetrators are never held
to account and, of those who are, few receive sanctions commensurate with the
gravity of their crimes. Widespread failure to hold perpetrators, whether State
officials or non-State actors, accountable can create a prevailing sense that torture is
largely tolerated or even desired rather than absolutely prohibited. The resulting
climate of impunity in the widest sense sustains and proliferates practices of torture
__________________
22
23
24
21-09914
A/75/179.
Assenov and others, para. 77.
European Court of Human Rights, Aleksakhin v. Ukraine (application No. 31939/06), Judgment
of 19 July 2012, para. 60.
9/23
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