E/CN.4/1992/17 page 104 provision of the covering resolution has no specific addressee; it is noteworthy in particular that it is not addressed to States or Governments but in general to all those who have a function in ensuring that these principles should be respected, including the judiciary and professional organizations, such as medical associations. 284. The protection of the detainee's right to physical and mental integrity in cases where torture has allegedly taken place is not the only important task of the judiciary. Its role may be even more important in the prevention of torture. In this respect special attention must be given to the detainee's right to legal counsel. Torture most often takes place during incommunicado detention, when the detainee is refused access to legal counsel. In this respect Principle 18, paragraph 3, of the Body of Principles may be highlighted. It states that the right of a detained or imprisoned person to be visited by and to consult and communicate, without delay or censorship and in full confidentiality, with his legal counsel, may not be suspended or restricted save in exceptional circumstances, to be specified by law or lawful regulations, when it is considered indispensable by a judicial or other authority in order to maintain security and good order. 285. In many countries national legislation has not yet been brought fully into conformity with these high international standards. It seems, however, to be good legal reasoning that whenever a judge is asked to apply the law he must do so by interpreting the national legal rules in such a way that they conform as much as possible with the international standards. In doing so the national judiciary can play a constructive role in the promotion of respect for human rights. This promotion of respect for human rights is an obligation of all States under the Charter, and the judiciary, as an organ of the State, consequently has its own responsibility in that respect. 286. It is a matter of great concern that lawyers who have taken up the case of persons whose human rights have been violated are themselves sometimes subjected to harassment or even become the victims of serious human rights violations. During the period under review, nine cases were brought to the Special Rapporteur's attention in which lawyers were deprived of their liberty and allegedly subjected to torture. It is a cynical world indeed where persons who do nothing but honour their profession by helping people to have their rights respected, themselves become victims of violations of these rights. 287. In all his previous reports the Special Rapporteur has stressed the importance of preventive measures. As one of the most significant of such measures he mentioned the establishment of a system of periodic visits to places of detention by independent experts. Within the context of the Council of Europe a convention has been concluded to set up such a system of periodic visits. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, established under the convention, has visited a number of States parties, and although it carries out its mandate in strict confidentiality, two States parties (Austria and Denmark) decided to make public the Committee's report on the visit paid to their country. The idea of establishing a treaty-based worldwide system of periodic visits, as contained in the Costa Rican proposal made in 1980 and as amended last year (E/CN.4/1991/66), is still on the Commission's agenda. The Special Rapporteur

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents