A/73/207
(c)
Rehabilitation
25. In many States, specialized centres and services for the support and
rehabilitation of victims of torture are scarce, difficult to access or non -existent. In
spite of their obligations, most States provide no or only inadequate funding for such
services. The United Nations Voluntary Fund for Victims of Torture requires annual
contributions from States of at least $12 million, but that amount has not been reached
once since 2003 (A/72/278, para. 26). 8
(d)
Preventive safeguards
26. The risk of torture and ill-treatment is greatest in the first hours of custody and
during incommunicado detention. 9 Therefore, preventive safeguards must be
implemented immediately after arrest, including the notification of a third party,
access to a lawyer and a physician and the furnishing of the detainee with information
on their rights, available remedies and the reasons for arrest. In many States, either
such safeguards are not adequately guaranteed under the law or their effective
implementation is hindered by delays, physical inaccessibility, a lack of medical staff,
public defenders and interpreters, poor infrastructure and means of communication or
transport, and the failure to provide for complaints procedures and protection against
reprisals.
27. Significantly more needs to be done in many States to properly train and equip
law enforcement and investigative personnel in order to ensure the use of noncoercive interviewing techniques (A/71/298) and avoid the excessive use of force in
places of detention and in the broader context of law enforcement operations
(A/72/178, para. 46). 10
(e)
New equipment and technologies
28. The use of new equipment and technologies can help to prevent torture and ill treatment and hold its perpetrators accountable, for example by minimizing the use
of force, enabling systematic video monitoring of investigative interviewing and
replacing confession-based criminal investigations with improved forensic and other
scientific processes. The emergence, however, of new types of weapons, equipment
and technologies may also raise significant concerns about their possible misuse.
States must therefore review and regulate the development, acquisition, trade in and
use of new weapons, equipment and technologies in their national law. That includes
a duty to determine whether the use of a new type of weapon, equipment or
technology would, in some or all circumstances, violate the absolute prohibition of
torture and ill-treatment (A/72/178, para. 59). International mechanisms should be
encouraged to develop guidance to assist States in that regard. Specific attention
should be paid to so-called less lethal weapons, including electric shock devices such
as tasers and stun belts, which with growing frequency are used in an excessive
manner and in inappropriate contexts, but also to the possible implications of
increasingly automated, or even autonomous, technologies, particularly with regard
to questions of accountability for harmful or coercive measures taken without
meaningful human control.
__________________
8
9
10
8/23
See also https://www.ohchr.org/Documents/Issues/Torture/UNVFVT/Br ochureUNVFVT.pdf.
Richard Carver and Lisa Handley, eds., Does Torture Prevention Work? (Liverpool, United
Kingdom, Liverpool University Press, 2016).
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(art. 10).
18-12051
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