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
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