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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