A/HRC/13/39/Add.5
established bodies with effective powers of criminal investigation which at the same
time are fully independent from the law enforcement officers subject to their
investigations. Despite the obligation to take all legislative, administrative, political
and other measures necessary to prevent torture, including prompt access of detainees
to lawyers, judges, doctors and families, audio- or video-taping of interrogations, the
prohibition of using confessions extracted by torture before courts, or regular
inspections of all places of detention and interrogation by independent bodies, most of
the roughly 10 million detainees around the world can only dream of such measures.
256. In most countries, conditions of detention in police custody, pre-trial detention
and other detention facilities, sometimes also in correctional institutions for convicted
prisoners, amount to inhuman or degrading treatment. Detainees, whether deprived
of their liberty for justified or less justified reasons, belong to the most vulnerable and
forgotten sectors of our societies. In practice, they are deprived of most of their
liberties and human rights, including the right to an adequate standard of living, to
food, water, health, education and privacy.
257. Among detainees, certain groups are subject to double discrimination and
vulnerability, including aliens and members of minorities, women, children, the
elderly, the sick, persons with disabilities, drug addicts, gays, lesbians and transgender persons.
258. Other forms of widespread cruel, inhuman or degrading treatment or
punishment include corporal punishment and excessive police violence during arrest,
in reacting to demonstrations and political gatherings, combating riots and similar
law enforcement activities. States also do not live up to the standard of due diligence
required by the obligation not to commit torture by acquiescence, in combating
torture and ill-treatment by private actors, including harmful traditional practices,
such as female genital mutilation and honour crimes, domestic violence and
trafficking in human beings, above all of women and children.
259. In building upon the General Recommendations developed by my distinguished
predecessor, Theo van Boven, in 2003, I wish to particularly stress the following
recommendations:
(a)
All States should ratify the United Nations Convention against Torture
and fully implement its provisions. In particular, they shall criminalize torture, as
defined in article 1, with appropriate sanctions taking into account the gravity of the
crime of torture; investigate all allegations and suspicions of torture by independent
and effective “police-police” bodies; bring perpetrators of torture to justice under the
various forms of criminal jurisdiction mentioned in article 5; provide victims of
torture with an effective remedy and adequate reparation for the harm suffered,
above all medical, psychological and other forms of rehabilitation; and take all
measures necessary to prevent torture, including prompt access of all detainees to
lawyers, judges, doctors and their families;
(b)
All States should ratify the Optional Protocol to the Convention against
Torture and establish effective NPMs with the task of carrying out preventive visits to
all places of detention. The latter should be fully independent bodies with a pluralistic
composition and equipped with the financial and personnel resources necessary to
conduct regular and ad hoc visits to all places of detention (police lock-ups, prisons,
pre-trial detention facilities, psychiatric hospitals and special detention facilities for
women, children, migrants, drug addicts etc.);
(c)
All States and the international community are requested to provide the
resources necessary to develop national systems for the administration of justice that
provide all human beings with equal access to justice and the right to a fair trial at all
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