A/54/426 57. Also relevant is article 7 (1) (k) which covers “other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health”. 58. Article 8 (2) (a) of the Statute, applicable to situations of international armed conflict, concerns grave breaches of the Geneva Conventions of 12 August 1949 and incorporates the Conventions’ language on “torture or inhuman treatment” (ii) and “wilfully causing great suffering, or serious injury to body or health” (iii) in its list of acts coming within the material competence of the Court as a “war crime”. 59. The provisions of the Rome Statute concerning war crimes committed in the context of an armed conflict not of an international character are based on article 3 common to the four Geneva Conventions of 12 August 1949 and include, inter alia, “violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture” as well as the commission of “outrages upon personal dignity, in particular humiliating and degrading treatment” (art. 8 (2) (c) (i)-(ii)). V. Concluding remarks and observations 60. Based upon all the information available to him, the Special Rapporteur can only conclude that the phenomenon of torture continues to plague all regions of the world. The Special Rapporteur is of the view that torture can be eradicated only if there is a genuine will on the part of Governments to enforce the safeguards that have been established to prevent acts of torture from occurring. To this end, the Special Rapporteur would recommend the following: (a) That all States that have not done so ratify or accede to the Convention against Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment; further that all States ratifying or acceding to the Convention and those States parties that have not yet done so make the declaration provided for in articles 21 and 22 of the Convention and avoid making, or consider the possibility of withdrawing, reservations to article 20; (b) That all States enact the necessary legislation to ensure that all acts of torture are offences under its criminal law, and that these offences are punishable by appropriate penalties which take into account their grave nature; 12 (c) That all States prohibit incommunicado detention for more than 24 hours or, under special circumstances, 48 hours, and that the safeguards provided in article 9 of the International Covenant on Civil and Political Rights concerning the liberty and security of the person be respected; (d) That all States ensure that education and information regarding the prohibition of torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment; (e) That all States carry out a prompt and impartial investigation wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction; (f) That all States institute criminal proceedings where there is sufficient evidence to find that a State agent has committed an act of torture; where such an individual is found guilty of the crime, the punishment should be commensurate with the gravity of the crime; (g) That all States should ensure that in its legal system the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full a rehabilitation as possible; (h) That all States provide support to the maximum extent possible to the United Nations Voluntary Fund for Victims of Torture; (i) That all States ensure that any statement which 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; (j) That the General Assembly give consideration to endorsing the Principles on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment annexed to the present report. Notes 1 Pursuant to resolution 1998/38 of the Commission on Human Rights, the Special Rapporteur presented an oral interim report to the fifty-third session of the General Assembly on 5 November 1998. 2 With respect to the working methods used by the Special Rapporteur regarding urgent actions, reference should be

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