E/CN.4/2003/68
page 13
(m)
Training courses and training manuals should be provided for police and security
personnel and, when requested, assistance should be provided by the United Nations programme
of advisory services and technical cooperation in the field of human rights. Security and law
enforcement personnel should be instructed on the pertinent provisions of the Standard
Minimum Rules for the Treatment of Prisoners, the Code of Conduct for Law Enforcement
Officials, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials,
the Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment and the Basic Principles on the Treatment of Prisoners, and these instruments
should be translated into the relevant national languages. In the course of training, particular
stress should be placed upon the principle that the prohibition of torture is absolute and
non-derogable and that there exists a duty to disobey orders from a superior to commit torture.
Governments should scrupulously translate into national guarantees the international standards
they have approved and should familiarize law enforcement personnel with the rules they are
expected to apply. In particular, due attention should be paid to the Standard Minimum Rules
for the Treatment of Prisoners and other international standards in resorting to methods and
equipment of restraints, as well as to punishment measures. In that respect, prolonged solitary
confinement, which may amount to torture, should be abolished;
(n)
Health-sector personnel should be instructed on the Principles of Medical Ethics
relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Detainees
and Prisoners against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Governments and professional medical associations should take strict measures against medical
personnel that play a role, direct or indirect, in torture. Such prohibition should extend to such
practices as examining detainees to determine their “fitness for interrogation” and procedures
involving ill-treatment or torture, as well as providing medical treatment to ill-treated detainees
so as to enable them to withstand further abuse. In other cases, the withholding of appropriate
medical treatment by medical personnel should be subject to sanction;
(o)
National legislation and practice should reflect the principle enunciated in
article 3 of the Convention against Torture, namely the prohibition on the return (refoulement),
expulsion or extradition of a person to another State “where there are substantial grounds for
believing that he would be in danger of being subjected to torture”. The principle of
non-refoulement must be upheld in all circumstances irrespective of whether the individual
concerned has committed crimes and the seriousness and nature of those crimes. Asylum
determination procedures should pay particular attention to avoiding the retraumatization of
applicants.
Note
1
See common article 3 of the Geneva Conventions of 12 August 1949 on the protection of
victims of war.
-----
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents