36 A practical guide to the Istanbul Protocol – for lawyers IV. INTERNATIONAL STANDARDS ON PROSECUTION OF ALLEGED PERPETRATORS OF TORTURE AND PUNISHMENT OF THOSE RESPONSIBLE International law clearly establishes the obligation on Governments to prosecute those accused of torture. This obligation exists regardless of where the crime was committed, the nationality of the victim or alleged perpetrator.146 As established in the Istanbul Protocol, “States are required under international law to investigate reported incidents of torture promptly and impartially. Where evidence warrants it, a State in whose territory a person alleged to have committed or participated in torture is present, must either extradite the alleged perpetrator to another State that has competent jurisdiction or submit the case to its own competent authorities for the purpose of prosecution under national or local criminal laws.”147 Such prosecution is based on the exercise of what is known as universal jurisdiction. 1. GENERAL PRINCIPLES ON THE PROSECUTION OF ALLEGED TORTURERS International law provides few, if any, exceptions to the obligation to investigate with a view to prosecuting alleged perpetrators of torture.148 It is generally agreed that there should be no criminal immunity for persons accused of perpetrating torture,149 and that amnesties cannot be accorded to perpetrators of torture or otherwise prevent victims from obtaining an effective remedy.150 The Special Rapporteur on Torture has stated that “A person in respect of whom there is credible evidence of responsibility for torture or severe maltreatment should be tried and, if found guilty, punished. Legal provisions granting exemptions from criminal responsibility for torturers, such as amnesties, 151 indemnity laws etc., should be abrogated.” The United Nations Secretary General has also stressed the obligation to prosecute when violations of torture are concerned, as enshrined in the Vienna Declaration and Programme of Action.152 Any punishment imposed on those responsible for torture should reflect the seriousness of the crime.153 The Istanbul Protocol establishes that States are obliged to publish the results of investigations and are also obliged to ensure that the alleged offender or offenders are subject to criminal proceedings if an investigation establishes that an act of torture appears to have been committed. The UN Declaration of Basic Principles for Victims of Crime and Abuse of Power154 calls for judicial and administrative processes to be responsive to the needs of victims – for example, by keeping them informed and allowing their views and concerns to be considered at appropriate stages of the proceedings. The Europe155 an Court of Human Rights and the InterAmerican Court of Human Rights156 have equally found a duty of States to inform the complainants about the outcome of investigations and, the Inter-American Court, to publish the results of an investigation. Both the Committee against Torture and the Human Rights Committee have called on State Parties to publish information relating to the number and nature of complaints, investigations undertaken, and steps taken following such investigations, including punishment of the perpetrators.157 In its General Comment 20, the Human Rights Committee has moreover urged States to provide specific information on the remedies available to victims of maltreatment and the procedure