6. These guidelines complement and do not replace other standards relating to impunity. In particular, they neither replicate nor qualify the obligations
and responsibilities of states under international law, including international
humanitarian law and international criminal law, nor are they intended to
resolve questions as to the relationship between international human rights
law and other rules of international law. Nothing in these guidelines prevents
states from establishing or maintaining stronger or broader measures to fight
impunity.
III. General measures for the prevention of impunity
1.
In order to avoid loopholes or legal gaps contributing to impunity:
ff States should take all necessary measures to comply with their obligations
under the Convention to adopt criminal law provisions to effectively
punish serious human rights violations through adequate penalties.
These provisions should be applied by the appropriate executive and
judicial authorities in a coherent and non-discriminatory manner.
ff States
should provide for the possibility of disciplinary proceedings
against state officials.
ff In
the same manner, states should provide a mechanism involving
criminal and disciplinary measures in order to sanction behaviour and
practice within state authorities which lead to impunity for serious
human rights violations.
2. States – including their officials and representatives – should publicly
condemn serious human rights’ violations.
3. States should elaborate policies and take practical measures to prevent
and combat an institutional culture within their authorities which promotes
impunity. Such measures should include:
ff promoting a culture of respect for human rights and systematic work for
the implementation of human rights at the national level;
ff establishing or reinforcing appropriate training and control mechanisms;
ff introducing anti-corruption policies;
ff making
the relevant authorities aware of their obligations, including
taking necessary measures, with regard to preventing impunity, and
establishing appropriate sanctions for the failure to uphold those
obligations;
ff conducting a policy of zero-tolerance of serious human rights violations;
Appendices ► Page 121
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