A/72/178
anything, might be required for such use of force to constitute torture under
the respective treaty instruments;
(e) States must regulate the extra-custodial use of force and must ensure
that all of their agents are trained, equipped and instructed so as to prevent
any act of torture and cruel, inhuman or degrading treatment or punishment
within their jurisdiction. This includes not only the development of sufficiently
clear guidance on the use of force and weapons, but also the systematic legal
review of weapons, including other means of deploying force and “less lethal”
weapons;
(f) A weapon must be considered as inherently cruel, inhuman or
degrading and, therefore, as absolutely prohibited if it is either specifically
designed or of a nature (that is, of no other practical use than): (a) to employ
unnecessary, excessive or otherwise unlawful force against persons; or (b) to
intentionally and purposefully inflict pain and suffering on powerless
individuals. Weapons that might not be inherently cruel, inhuman or degrading
may nonetheless carry significant risks of being used in a manner contrary to
the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment, thus placing particular emphasis on the requirement of precautions;
(g) Wherever there is reasonable ground to believe that extra-custodial
force amounting to torture or other cruel, inhuman or degrading treatment or
punishment has been used, States have a duty to conduct a prompt and
impartial investigation in order to ensure full accountability for any such act,
including, as appropriate, administrative, civil and criminal accountability, and
to ensure that victims receive adequate redress and rehabilitation.
VII. Recommendations
63. On the basis of the above conclusions, the Special Rapporteur offers the
below recommendations to States with a view to strengthening their capacity to
ensure the effective prevention of and accountability for torture and other
cruel, inhuman or degrading treatment or punishment, not only in custodial
settings, but also in extra-custodial settings.
A.
National law and regulations
64. States should ensure that their national law prohibits torture and other
cruel, inhuman or degrading treatment or punishment in all circumstances,
including extra-custodial settings. Thus, the definition of torture and other
cruel, inhuman or degrading treatment or punishment in national criminal law
and other relevant laws and regulations should not be confined to acts carried
out against persons deprived of their liberty, but should also apply in
extra-custodial settings.
65. In particular, as far as the extra-custodial use of force is concerned, States
should ensure that their laws and regulations, including rules of engagement
and similar instruments guiding and constraining the use of force in
operational practice:
(a) Absolutely prohibit and prevent any extra-custodial use of force by
State agents intentionally and purposefully inflicting pain or suffering on
powerless persons, irrespective of considerations of lawful purpose, necessity or
proportionality;
22/24
17-12326
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents