A/54/426
1999/33, “The right to restitution, compensation and
rehabilitation for victims of grave violations of human
rights and fundamental freedoms”; 1999/34, “Impunity”;
1999/35, “Extrajudicial, summary or arbitrary executions”;
1999/36, “Right to freedom of opinion and expression”;
1999/37, “Question of arbitrary detention”; 1999/38,
“Question of enforced or involuntary disappearances”;
1999/39, “Implementation of the Declaration on the
Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief”; 1999/41,
“Integrating the human rights of women throughout the
United Nations system”; 1999/42, “Elimination of violence
against women”; 1999/43, “Abduction of children from
northern Uganda”; 1999/47, “Internally displaced
persons”; 1999/48, “Rights of persons belonging to
national or ethnic, religious and linguistic minorities”;
1999/66, “Implementation of the Declaration on the Right
and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms”; 1999/74,
“Assistance to States in strengthening the rule of law”;
1999/78, “Racism, racial discrimination, xenophobia and
related intolerance”; 1999/80, “Rights of the child”.
C. Legal framework
8.
The Special Rapporteur is guided by international
legal standards. The main substantive legal framework, as
indicated by the Commission on Human Rights in its
resolution 1999/32, consists of the Universal Declaration
of Human Rights, the International Covenant on Civil and
Political Rights, the Declaration on the Protection of All
Persons from Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. Relevant provisions
of other international human rights instruments such as the
Convention on the Rights of the Child, the Vienna
Declaration and Programme of Action, the Declaration on
the Elimination of All Forms of Violence against Women,
the four Geneva Conventions of 1949 for the protection of
war victims, the Standard Minimum Rules for the
Treatment of Prisoners, the Body of Principles for the
Treatment of Prisoners, 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, the Code of Conduct for Law
Enforcement Officials and the Basic Principles on the Use
4
of Force and Firearms by Law Enforcement Officials are
also taken into consideration by the Special Rapporteur.
9.
The right to be free from torture and cruel, inhuman
or degrading treatment or punishment is a non-derogable
right, the protection of which is explicitly affirmed in
article 5 of the Universal Declaration of Human Rights,
article 7 of the International Covenant on Civil and
Political Rights, the Declaration of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman Treatment
or Punishment and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment.
10. In accordance with article 2 of the Universal
Declaration of Human Rights and articles 2 and 26 of the
International Covenant on Civil and Political Rights, and
pursuant to several other United Nations declarations and
conventions, everyone is entitled to this right without
distinction or discrimination of any kind, and all persons
shall be guaranteed equal and effective access to remedies
for the violation of this right.
11. Moreover, article 4, paragraph 2, of the International
Covenant on Civil and Political Rights provides that
exceptional circumstances such as internal political
instability or any other public emergency may not be
invoked to justify any derogation from the right to life and
security of the person.
12. The Declaration on the Protection of All Persons
from Being Subjected to Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and the
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment establish other legal
obligations to prevent torture and other cruel, inhuman or
degrading treatment. These legal obligations, which the
Special Rapporteur takes into consideration when he
communicates with a State or undertakes an in situ visit,
include the following:
(a) Each State shall ensure that acts of torture are
offences under its criminal law;
(b) Any person who alleges that he or she has been
subjected to torture or other cruel, inhuman or degrading
treatment or punishment by or at the instigation of a public
official shall have the right to complain to, and to have his
case impartially examined by, the competent authorities
of the State concerned;
(c) If an investigation establishes that an act of
torture appears to have been committed, criminal
proceedings shall be instituted against the alleged offender
or offenders in accordance with the national law. If an
allegation of other forms of cruel, inhuman or degrading