A/65/273 competences, to investigate all allegations or suspicions of torture, and to arrest suspected perpetrators of torture and bring them to justice. In most of the 147 States parties to the Convention against Torture, those legal obligations, deriving from articles 4 to 9, 12 and 13 of the Convention, have not been implemented. States should, first of all, ensure through legislative measures that torture, as defined in article 1 of the Convention, is made a crime with appropriate penalties, which must be applicable on the basis of the principles of territoriality, nationality and universal jurisdiction. Secondly, States shall establish professional authorities to promptly and impartially investigate all allegations and suspicions of torture, with the aim of identifying the perpetrators, including superior officers who ordered or condoned torture, and bringing them to justice. 91. Victims of torture have a right to complain to a professional authority which is independent from the authority accused of torture and which has the obligation to promptly and impartially examine all allegations or suspicions of torture. Victims and witnesses should be protected against all ill-treatment or intimidation as a consequence of their complaints or any evidence given. If torture is established by a competent authority, victims should enjoy the right to fair and adequate reparation, including the means for as full medical, psychological, social and other rehabilitation as possible. States, therefore, have a legal obligation to establish or at least support a sufficient number of rehabilitation centres for victims of torture and to ensure the safety of their staff and patients. The Special Rapporteur also urges States to ensure that survivors of torture who seek refuge in their countries have access to adequate medical and psychosocial treatment. Screening procedures allowing for the early identification of torture victims can be instrumental in that regard. Asylum authorities should be required to consider seriously the medical expertise of domestic rehabilitation centres and take account of their assessments when deciding upon asylum requests. Health professionals should be provided with training on how to apply the Istanbul Protocol. The Special Rapporteur also calls upon Governments, not least those responsible for the practice of torture, to contribute generously to the United Nations Voluntary Fund for Victims of Torture. 92. Finally, all States have an international legal obligation to take effective legislative, administrative, judicial and other measures to prevent torture. In this respect, the Special Rapporteur calls upon all States to promptly ratify the Optional Protocol to the Convention against Torture and to establish, through legislative action on the basis of an inclusive and transparent process, independent and professional national preventive mechanisms tasked with conducting regular and unannounced visits to all places of detention. Such national preventive mechanisms should be granted unrestricted access to all places of detention and the opportunity to have private interviews with detainees. The Special Rapporteur urges all States parties to the Optional Protocol to the Convention against Torture to provide national preventive mechanisms with the necessary financial and human resources to enable them to regularly inspect all places of detention, to examine the treatment of detainees and to prevent acts of torture or ill-treatment in detention. 10-48049 23

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