Law Enforcement,12 the Principles of Medical Ethics Relevant to the Role of Health Personnel Particularly Physicians, in the Protection of Prisoners and Detainees against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Principles of Medical Ethics),13 the
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Convention against
Torture),14 the Body of Principles for the Protection of all
Persons under Any Form of Detention or Imprisonment
(Body of Principles on Detention)15 and the Basic Principles for the Treatment of Prisoners.16
art. 3 of the Declaration on the Protection against Torture);
(b) Not expelling, returning (refouler) or extraditing a
person to a country when there are substantial grounds for
believing he or she would be tortured (art. 3 of the Convention against Torture);
(c) Criminalization of acts of torture, including complicity or participation therein (art. 4 of the Convention
against Torture, principle 7 of the Body of Principles on
Detention, art. 7 of the Declaration on the Protection
against Torture and paras. 31-33 of the Standard Minimum Rules for the Treatment of Prisoners);
8. The United Nations Convention against Torture
does not cover pain or suffering arising only from, inherent in or incidental to lawful sanctions.17
(d) Undertaking to make torture an extraditable
offence and assisting other States parties in connection
with criminal proceedings brought in respect of torture
(arts. 8 and 9 of the Convention against Torture);
9. Other United Nations human rights bodies and
mechanisms have taken action to develop standards for
the prevention of torture and standards involving the obligation of States to investigate allegations of torture. These
bodies and mechanisms include the Committee against
Torture, the Human Rights Committee, the Commission
on Human Rights, the Special Rapporteur on the question
of torture, the Special Rapporteur on violence against
women and country-specific special rapporteurs appointed by the Commission on Human Rights.
(e) Limiting the use of incommunicado detention;
ensuring that detainees are held in places officially recognized as places of detention; ensuring the names of persons responsible for their detention are kept in registers
readily available and accessible to those concerned,
including relatives and friends; recording the time and
place of all interrogations, together with the names of
those present; and granting physicians, lawyers and
family members access to detainees (art. 11 of the Convention against Torture; principles 11-13, 15-19 and 23 of
the Body of Principles on Detention; paras. 7, 22 and 37
of the Standard Minimum Rules for the Treatment of
Prisoners);
1. Legal obligations to prevent torture
10. The international instruments cited above establish certain obligations that States must respect to ensure
protection against torture. These include:
(f) Ensuring that education and information regarding
the prohibition of torture is included in the training of law
enforcement personnel (civil and military), medical personnel, public officials and other appropriate persons
(art. 10 of the Convention against Torture, art. 5 of the
Declaration on the Protection against Torture, para. 54 of
the Standard Minimum Rules for the Treatment of
Prisoners);
(a) Taking effective legislative, administrative, judicial or other measures to prevent acts of torture. No
exceptions, including war, may be invoked as justification
for torture (art. 2 of the Convention against Torture and
12
General Assembly resolution 34/169 of 17 December 1979,
annex, art. 5; see Official Records of the General Assembly, Thirtyfourth Session, Supplement No. 46 (A/34/46), p. 186.
13
General Assembly resolution 37/194 of 18 December 1982,
annex, principles 2–5; see Official Records of the General Assembly,
Thirty-seventh Session, Supplement No. 51 (A/37/51), p. 211.
14
Entered into force on 26 June 1987; see General Assembly
resolution 39/46 of 10 December 1984, annex, art. 2, Official Records
of the General Assembly, Thirty-ninth Session, Supplement No. 51 (A/
39/51), p. 197.
15
General Assembly resolution 43/173 of 9 December 1988, annex,
principle 6; see Official Records of the General Assembly, Forty-third
Session, Supplement No. 49 (A/43/49), p. 298.
16
General Assembly resolution 45/111 of 14 December 1990, annex,
principle 1; see Official Records of the General Assembly, Forty-fifth
Session, Supplement No. 49 (A/45/49), p. 200.
17
For an interpretation of what constitutes “lawful sanctions”, see
the report of the Special Rapporteur on torture to the fifty-third session
of the Commission on Human Rights (E/CN.4/1997/7, paras. 3-11), in
which the Special Rapporteur expressed the view that the
administration of punishments such as stoning to death, flogging and
amputation cannot be deemed lawful simply because the punishment
has been authorized in a procedurally legitimate manner. The
interpretation put forward by the Special Rapporteur, which is
consistent with the positions of the Human Rights Committee and other
United Nations mechanisms, was endorsed by resolution 1998/38 of the
Commission on Human Rights, which “[r]eminds Governments that
corporal punishment can amount to cruel, inhuman or degrading
treatment or even to torture”.
(g) Ensuring that any statement that is established to
have been made as a result of torture shall not be invoked
as evidence in any proceedings, except against a person
accused of torture as evidence that the statement was
made (art. 15 of the Convention against Torture, art. 12 of
the Declaration on the Protection against Torture);
(h) Ensuring that the competent authorities undertake
a prompt and impartial investigation, whenever there are
reasonable grounds to believe that torture has been
committed (art. 12 of the Convention against Torture,
principles 33 and 34 of the Body of Principles on
Detention, art. 9 of the Declaration on the Protection
against Torture);
(i) Ensuring that victims of torture have the right to
redress and adequate compensation (arts. 13 and 14 of the
Convention against Torture, art. 11 of the Declaration on
the Protection against Torture, paras. 35 and 36 of the
Standard Minimum Rules for the Treatment of Prisoners);
(j) Ensuring that the alleged offender or offenders is
subject to criminal proceedings if an investigation establishes that an act of torture appears to have been commit-
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