A/73/207
(b) National legislation, policies and practices: States should ensure that
their national legislation meets, as a minimum, the requirements of international
law and that their policies and practices across all national systems, procedures
and institutions are unequivocally oriented towards the eradication of torture
and ill-treatment. Most notably, the Special Rapporteur calls on all States to
expressly criminalize torture and other forms of ill-treatment, to impose
sanctions commensurate with the gravity of such offences and to abolish any
legislation providing for corporal punishment or tolerating domestic violence
and chastisement, and strongly encourages the universal abolition of the death
penalty;
(c) National and international institutions: In order to ensure the effective
prevention of torture and ill-treatment, the investigation of violations and the
provision of redress to victims, States should establish fully independent
complaints and investigation mechanisms embedded in an independent,
impartial and accessible justice system. Independent national, international and
non-governmental monitoring mechanisms, including NPMs and NHRIs, the
Subcommittee on Prevention of Torture, the Special Rapporteur, civil society
and, in cases of armed conflict, ICRC, should be given full access to all places
where persons may be deprived of their liberty or otherwise exposed to a real
risk of torture or ill-treatment. More generally, States should ensure that civil
society and, in particular, human rights defenders can work in an environment
free from threats, discrimination and harassment;
(d) Preventive safeguards: States should ensure that preventive
safeguards against torture and ill-treatment are put into place throughout all
institutions, mechanisms and procedures. In particular, persons deprived of their
liberty should be given the opportunity to inform their relatives, to contact a
lawyer and to see a physician immediately after arrest and to access independent
complaints mechanisms at any time. Inmates, particularly those experiencing
specific vulnerabilities, should be protected at all times against violence and
abuse by staff and other inmates. Incommunicado detention should be prohibited
and criminalized under national law. Open-ended administrative detention
without regular independent review should be abolished, as should detention or
forced institutionalization based exclusively on a person’s disability, legal
capacity, migration status or similarly appropriate criteria;
(e) Training: All personnel that may be engaged in operations involving
the use of force should be trained with a view to avoiding any excessive use of
force. Prosecutors, investigators and other personnel involved in the questioning
of suspects should move away from confessions-based investigation and receive
specialized training in forensic, non-coercive interviewing. An international,
multi-stakeholder process should produce a universal protocol for this purpose
(A/71/298). Personnel tasked with medical examinations, the determination of
migration status or the judicial adjudication of alleged abuse should be provided
with function-specific training in the identification and documentation of the
signs of torture and ill-treatment in accordance with the Istanbul Protocol;
(f) Legal review: In the development, procurement or trading of weapons,
restraints and other equipment or technologies likely to inflict pain, suffering or
humiliation, States should conduct systematic legal reviews with a view to
determining whether their use, in some or all circumstances, would violate the
prohibition of torture and ill-treatment or any other obligation under
international law, or would significantly increase the risk of such violations
occurring;
22/23
18-12051
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