11. E
nsure that independent, impartial and effective complaint mechanisms
are in place;
12. Publish data on how many allegations of torture are made against public
officials every year, in addition to data on prosecutions and convictions;
13. Make it a criminal offence for public officials, including law enforcement,
intelligence and military officials, not to report the crime of torture where
there is evidence to suggest that officials would have had reason to believe that acts of torture or other ill-treatment have occurred or are about
to occur. They should also ensure a safe and conducive environment for
reporting cases of torture and other ill-treatment for professionals in the
security sector, victims, medical staff, human rights defenders and other
actors;239
14. Implement as state policy to not prosecute persons who have alleged
torture by public officials on “false denunciation” charges;
15. Establish or reinforce specialized units with sufficient resources to efficiently investigate and prosecute torture under domestic and universal
jurisdiction;240
16. Ensure that, where no specialized independent body investigating allegations of torture or ill-treatment is available, the investigators are
adequately equipped with the necessary powers and resources to carry
out independent and effective investigations (guaranteeing functional
and financial independence); and
17. Share promising practices of domestic prosecutions of torture and other
ill-treatment within the OSCE region.241
Practical recommendations
In order for torture allegations to be properly investigated and prosecuted, victims need to be empowered to report incidences of torture without fear of
reprisal. It is recommended that states ensure, in particular, that:
18. A
ll professionals in the criminal justice system, including judges,
prosecutors, investigative authorities and medical personnel, receive
appropriate training (both initial and in-service) on the identification,
reporting and prevention of torture and other ill-treatment, including
training on the Istanbul Protocol;
239 Ibid., Recommendation 2.
240 Ibid., Recommendation 25.
241 Ibid., Recommendation 3.
64
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