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fair and adequate compensation, including the means for
as full a rehabilitation as possible.
50. In this regard, the Special Rapporteur calls upon all
States to support to the maximum extent possible the
United Nations Voluntary Fund for Victims of Torture.
Further, all States should support and assist rehabilitation
centres that may exist in their territory to ensure that
victims of torture are provided the means for as full a
rehabilitation as possible.
I. Ratification of or accession to the
Convention against Torture
51. There are currently 117 States parties to the
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. In its annual
resolutions on the question of torture, the Commission on
Human Rights has continuously called upon all States to
become parties to the Convention. Further, it has invited
all States ratifying or acceding to the Convention and those
States parties that have not yet done so to make the
declaration provided for in articles 21 and 22 of the
Convention and to avoid making, or consider the
possibility of withdrawing, reservations to article 20 (see,
for example, resolution 1999/32).
52. The Special Rapporteur joins in this call, noting that
ratification of or accession to the Convention demonstrates
a State’s commitment to eradicating the practice of torture.
J. Manual on the effective investigation
of torture
53. During 1999, the Special Rapporteur participated in
two meetings concerning the preparation of a manual on
effective investigation and documentation of torture and
other cruel, inhuman or degrading treatment or
punishment, the first held in Istanbul, Turkey, from 11 to
13 March 1999 and the second held in Geneva at the Palais
Wilson on 9 September 1999. The manual, inspired by the
Manual on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions6 is
intended to serve as international guidelines for the
assessment of persons who allege torture and ill-treatment,
for investigating cases of alleged torture, and for reporting
such findings to the judiciary and other investigative
bodies. While the manual was developed to enable States
to address the problem of effective documentation, it is also
intended to apply to other contexts including human rights
investigations and monitoring by intergovernmental and
non-governmental organizations, evaluations of
applications for political asylum, the defence of individuals
who “confess” to crimes during torture, and needs
assessments for the care of torture victims. The
conceptualization and preparation of the manual was a
collaborative effort between forensic doctors, physicians,
psychologists, human rights monitors and lawyers
representing 41 organizations or institutions from 15
countries.
54. The manual will include principles on the effective
documentation of torture and other cruel, inhuman or
degrading treatment or punishment, which would outline
minimum standards for States to ensure the effective
documentation of torture. The principles have been
modelled on the relevant paragraphs of the Principles on
the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions (Economic and Social
Council resolution 1989/65, annex). These principles have
been annexed to the present report.
55. The Special Rapporteur is of the view that the manual
will be an important tool for States in carrying out
investigations concerning allegations of torture or illtreatment. Noting that the General Assembly has endorsed
the Principles on the Effective Prevention and Investigation
of Extra-legal, Arbitrary and Summary Executions
(resolution 44/162), the Special Rapporteur would
recommend that consideration be given similarly to
endorsing the Principles on the effective documentation of
torture and other cruel, inhuman or degrading treatment
or punishment.
K. International Criminal Court
56. The adoption of the Rome Statute of the International
Criminal Court (A/CONF.183/9) on 17 July 1998
represents a landmark in international criminal law,
including the development of international legal norms
prohibiting torture. Article 7 (1) (f) of the Rome Statute
lists “torture” among the crimes against humanity. Article
7 (2) (e) of the Statute defines “torture” as:
“the intentional infliction of severe pain or suffering,
whether physical or mental, upon a person in the
custody or under the control of the accused; except
that torture shall not include pain or suffering arising
only from, inherent in or incidental to, lawful
sanctions.”
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