superior or public authority can never be invoked as a justification of torture
Thus, subordinates may not seek refuge in superior authority and should
be held to account individually. At the same time, those exercising superior
authority - including public officials - cannot avoid accountability or escape
criminal responsibility for torture or ill-treatment committed by subordinates
where they knew or should have known that such impermissible conduct
was occurring, or was likely to occur, and they failed to take reasonable and
necessary preventive measures. The Committee considers it essential that the
responsibility of any superior officials, whether for direct instigation or encouragement of torture or ill-treatment or for consent or acquiescence therein, be
fully investigated through competent, independent and impartial prosecutorial
and judicial authorities. Persons who resist what they view as unlawful orders
or who cooperate in the investigation of torture or ill-treatment, including by
superior officials, should be protected against retaliation of any kind.
27. The Committee reiterates that this general comment has to be considered without prejudice to any higher degree of protection contained in any
international instrument or national law, as long as they contain, as a minimum,
the standards of the Convention.
Appendices ► Page 117
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