UNDP-OHCHR TOOLKIT continued RIGHT OR ISSUE 11 immunity of persons in official capacity UN INSTRUMENTS SAFEGUARDS/LIMITS AND VIOLATIONS SAMPLE AREAS OF UNCT SUPPORT TO NHRIS Art. 2(3) a ICCPR a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; Safeguards: Support advocacy work that is aimed at victims of violations and its efforts to promote legislative reform to ensure opportunity for redress. Support the development of victim and witness protection legislation. 11 Command responsibility; legislation should not confer immunity of security forces. Limits/Violations: 11 11 Any immunity for any actions taken by public servants or law enforcement or security forces. Good faith acts are given blanket immunity. Provide NHRI with necessary technical assistance, specialised training, expertise, and material support to engage in community justice initiatives or transitional justice where the statutory or constitutional mandate supports this activity. Alternatively if there are other national institutions with transitional justice responsibilities, support efforts to transfer cases that are more appropriately in the other institution’s authority. TORTURE 11 definition Art. 1 CAT “severe pain or suffering, whether physical or mental” to obtain information/ confession from a person or a third person. Ensure that the NHRI understands its responsibilities with regard to torture and related practices, and advise them on possible activities/best practices. Support and supplement the NHRI in promoting the enactment of laws prohibiting torture and generally complying with CAT. Provide the NHRI with the necessary technical assistance, specialised training, expertise, and material support to monitor trials of and convictions secured for torture cases. 11  rohibition and p prevention of Art. 2 CAT Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. Art. 7 ICCPR No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. 76 Safeguards: 11 11 11 11 Legislation prohibiting torture and creating offences for torture or cruel treatment. Criminalizing acts which cause harm to extort confessions or information. 11 Prohibition of sexual assault of women in custody and creation of offences. 11 Exclusion of any evidence extracted via torture. Limits/Violations: 11 Provide the NHRI with the necessary technical assistance, specialised training, expertise, and material support to Any legislation, even emergency legislation that authorizes force “as necessary” and shields perpetrators. 11 investigate promptly, or report on, allegations of killings and mistreatment in custody implement a detention facilities visit programme and work to eliminate the use of unofficial places of detention. advocate for policies and practices to prohibit and punish sexual assault in custody. Support and supplement the NHRI in advocating for adequate training of security forces and law enforcement officials and participate in such training as human rights experts, or help to secure necessary assistance and expertise.