A/56/156
(i) Countries should take effective measures to
prevent prisoner-on-prisoner violence by investigating
reports of such violence, prosecuting and punishing
those responsible, and offering protective custody to
vulnerable individuals, without marginalizing them
from the prison population more than necessitated by
the needs of protection and without rendering them at
further risk of ill-treatment. Training programmes
should be considered to sensitize prison officials as to
the importance of taking effective steps to prevent and
remedy prisoner-on-prisoner abuse and to provide them
with the means to do so. In accordance with the Body
of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment,31 prisoners
should be segregated along the lines of gender, age and
seriousness of the crime, as well as first-time/repeat
offenders and pre-trial/convicted detainees;
(j) When a detainee or relative or lawyer
lodges a torture complaint, an inquiry should always
take place and, unless the allegation is manifestly illfounded, public officials involved should be suspended
from their duties pending the outcome of the
investigation and any subsequent legal or disciplinary
proceedings. Where allegations of torture or other
forms of ill-treatment are raised by a defendant during
trial, the burden of proof should shift to the prosecution
to prove beyond reasonable doubt that the confession
was not obtained by unlawful means, including torture
and similar ill-treatment. Serious consideration should
also be given to the creation of witness protection
programmes for witnesses to incidents of torture and
similar ill-treatment which ought to extend fully to
cover persons with a previous criminal record. In cases
where current inmates are at risk, they ought to be
transferred to another detention facility where special
measures for their security should be taken. A
complaint that is determined to be well founded should
result in compensation to the victim or relatives. In all
cases of death occurring in custody or shortly after
release, an inquiry should be held by judicial or other
impartial authorities. A person in respect of whom
there is credible evidence of responsibility for torture
or severe maltreatment should be tried and, if found
guilty, punished. Legal provisions granting exemptions
from criminal responsibility for torturers, such as
amnesties, indemnity laws etc., should be abrogated. If
torture has occurred in an official place of detention,
the official in charge of that place should be disciplined
or punished. Military tribunals should not be used to
try persons accused of torture. Independent national
12
authorities, such as a national commission or
ombudsman with investigatory and/or prosecutorial
powers, should be established to receive and to
investigate complaints. Complaints about torture
should be dealt with immediately and should be
investigated by an independent authority with no
relation to that which is investigating or prosecuting
the case against the alleged victim. Furthermore, the
forensic medical services should be under judicial or
other independent authority, not under the same
governmental authority as the police and the
penitentiary system. Public forensic medical services
should not have a monopoly of expert forensic
evidence for judicial purposes. In that context,
countries should be guided by the Principles on the
Effective Investigation and Documentation of Torture
and other Cruel, Inhuman or Degrading Treatment or
Punishment as a useful tool in the effort to combat
torture;32
(k) Training courses and training manuals
should be provided for police and security personnel
and, when requested, assistance should be provided by
the United Nations programme of advisory services
and technical assistance. Security and law enforcement
personnel should be instructed on the Standard
Minimum Rules for the Treatment of Prisoners,33 the
Code of Conduct for Law Enforcement Officials,34 the
Basic Principles on the Use of Force and Firearms by
Law Enforcement Officials,35 and the Body of
Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment,31 and these
instruments should be translated into the relevant
national languages. In the course of training, particular
stress should be placed upon the principle that the
prohibition of torture is absolute and non-derogable
and that there exists a duty to disobey orders from a
superior to commit torture. Governments should
scrupulously translate into national guarantees the
international standards they have approved and should
familiarize law enforcement personnel with the rules
they are expected to apply;
(l) Health-sector personnel should be instructed
on the Principles of Medical Ethics relevant to the Role
of Health Personnel, Particularly Physicians, in the
Protection of Detainees and Prisoners against Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment.36 Governments and professional medical
associations should take strict measures against
medical personnel that play a role, direct or indirect, in
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