GUIDE ON ANTI-TORTURE LEGISLATION of evidence, taking statements, executing searches and seizures, providing any relevant documents, etc. Those treaties can be established according to the Model Treaty on Mutual Assistance in Criminal Matters.138 Summary of the elements – Chapter 5 – Complaints, investigations, prosecutions and extradition Primary elements ªª National legislation is to include: ªª Provisions ensuring that individuals can exercise their right to complain to an independent body and to be protected against reprisals; ªª Prompt and impartial investigations of all allegations of torture are available and undertaken; ªª Provisions to prosecute alleged perpetrators of torture, or extradite them, subject to the prohibition on refoulement; ªª Provisions on the extradition of alleged torturers, subject to the prohibition on refoulement; ªª Provisions on mutual judicial assistance in criminal proceedings related to torture are to be included. 138 42 Model Treaty on Mutual Assistance in Criminal Matters, adopted by General Assembly resolution 45/117, subsequently amended by General Assembly resolution 53/112, available at https://www.unodc.org/pdf/ model_treaty_mutual_assistance_criminal_matters.pdf (last accessed February 2016).

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