A/71/298
complaints of mistreatment must be transmitted without screening to external
independent bodies for prompt, impartial, thorough and effective i nvestigation.
Even in the absence of complaints, States have a duty to conduct investigations
wherever there are reasonable grounds to believe that an act of torture or
ill-treatment occurred in any territory under their jurisdiction (see Committee
against Torture, general comment No. 3 (2012) on the implementation of article 14
by States parties; and A/68/295).
92. Where investigations confirm allegations of mistreatment, victims must be
provided with effective remedies and redress, including fair and adequate
compensation, and as full rehabilitation as possible. Those who encourage, instigate,
order, tolerate, acquiesce in, consent to or perpetrate such acts of mistreatment must
be brought to justice and punished in a manner commensurate with the gravity of
crimes (see Human Rights Council resolution 31/31).
93. Law enforcement, intelligence and military officials who have reason to
believe that torture or ill-treatment has occurred or is about to occur should report it
to their superiors and, where necessary, to other appropriate authorities or organs
vested with reviewing or remedial powers, while medical professionals also have an
obligation to report and document any signs of mistreatment that they observe
(Nelson Mandela Rules, rule 34).
94. The obligation to report mistreatment should be enshrined in national law,
with appropriate sanctions for non-reporting and protections for those who report. 22
The duty to report should be extended to violations of other stan dards and
safeguards, including the prohibition against compelling detainees to confess,
incriminate themselves or testify against others, and subjecting them to coercion,
threats or practices impairing their judgment or decision -making capacities (Body of
Principles, principle 7).
95. All violations, including of the right to be properly informed of one ’s rights
and to legal assistance, must be impartially investigated upon complaint and subject
to appropriate sanctions. The protocol should consider prospe ctive remedies and
sanctions, such as disciplinary or administrative action and obligation to undertake
additional training, for breaches of standards and attendant procedural safeguards
designed to prevent the use of coercive interviewing practices.
2.
Exclusion of evidence
96. Statements, documentary or other evidence elicited through torture and
ill-treatment are inadmissible in any proceedings, except against suspected
perpetrators. The exclusionary rule is a non-derogable norm of customary
international law. It is fundamental to uphold the prohibition of torture and
ill-treatment by providing a disincentive to them. The rule applies to mistreatment
of both suspects and third parties, including witnesses, and against evidence
obtained in a third State, and regardless of whether the evidence is corroborated or
is uniquely decisive for the case. The exclusionary rule applies in full to the
collecting, sharing and receiving of any information tainted by mistreatment (see
A/HRC/25/60).
__________________
22
16-13568
See the Code of Conduct for Law Enforcement Officials, art. 8, commentary.
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