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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