A/HRC/46/26/Add.1
intention is to support the Government’s efforts towards the full implementation of
international norms, standards and best practices related to the absolute and nonderogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.
XII. Recommendations
96.
Regarding the effective prevention of torture and ill-treatment, and in the light
of the absolute and non-derogable character of the prohibition of such abuse, the
Special Rapporteur recommends that the executive, legislative and judicial authorities:
(a)
Comprehensively reform the administration of the justice system with a
view to moving away from the current focus on punitive retribution and towards the
rehabilitation and reintegration of offenders;
(b)
Remove from national legislation any statute of limitation for acts of
torture or other cruel, inhuman or degrading treatment or punishment;
(c)
Reverse any amendments made to the Prisons and Parole Act which
further limit the rights of persons deprived of their liberty;
(d)
penalty;
Completely abolish all forms of corporal punishment and the death
(e)
penalty;
Permanently remove or repurpose all facilities for carrying out the death
(f)
Ensure that all domestic legislation, regulations and policies fully comply
with relevant international human rights law and standards including, as a minimum,
the United Nations Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules), the Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment, the Basic Principles for the Treatment of
Prisoners, the United Nations Standard Minimum Rules for Non-custodial Measures
(the Tokyo Rules) and the basic principles on the use of restorative justice programmes
in criminal matters;
(g)
Ensure compliance with the guidance provided in the Code of Conduct for
Law Enforcement Officials, the Principles of Medical Ethics relevant to the Role of
Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials,
the Principles on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment and the United Nations
Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems;
(h)
In accordance with articles 4 and 16 of the Convention against Torture,
ensure that all acts of torture and other cruel, inhuman or degrading treatment or
punishment are criminalized and that such offences are punishable by appropriate
penalties that take into account their grave nature;
(i)
Ensure that all law enforcement agencies implement a strict policy of zero
tolerance for any form of police brutality and other excessive use of force, that a
rigorous assessment is made before arresting a person on suspicion of having committed
a crime, and that anyone arrested is promptly notified of his or her rights and enabled
to exercise those rights without delay;
(j)
Ensure that systematic, accurate and reliable police records are
maintained from the moment of apprehension, including details of the time of release
or onward transfer and the precise duration of police custody;
(k)
Ensure that fundamental safeguards including, inter alia, prompt access
to legal counsel and independent medical examination, notification of custody and
family contact are guaranteed and applied in practice for all persons deprived of their
liberty without discrimination of any kind;
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