Each State Party shall include this prohibition in the
rules or instructions issued in regard to the duties and functions
of any such person. [art. 10, para. 2]
Each State Party shall keep under systematic review
interrogation rules, instructions, methods and practices as
well as arrangements for the custody and treatment of persons
subjected to any form of arrest, detention or imprisonment in
any territory under its jurisdiction, with a view to preventing
any cases of torture. [art. 11]
Each State Party shall ensure that its competent
authorities proceed to 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. [art. 12]
Each State Party shall ensure that any individual who
alleges he has been subjected to torture in any territory under
its jurisdiction has the right to complain to, and to have his
case promptly and impartially examined by, its competent
authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment
or intimidation as a consequence of his complaint or any
evidence given. [art. 13]
Moreover, the following State obligations apply to cases of torture:
Each State Party shall ensure in its legal system that 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 rehabilitation as possible. In the event of the death
of the victim as a result of an act of torture, his dependants
shall be entitled to compensation. [art. 14, para. 1]
Each State Party shall 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. [art. 15]
In addition to the investigation provisions included in the Convention against Torture,
proper investigation and documentation of torture are outlined in the Principles on
the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. Both these standards should
be cross-referenced with chapter 28 of this Manual, which deals with investigation
procedures.
Principle 22 of the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment provides that:
No detained or imprisoned person shall, even with his
consent, be subjected to any medical or scientific experimentation which may be detrimental to his health.
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents