A/76/168 importance of a safe and supportive environment for civil society organizations, human rights defenders and a free and independent press. Likewise, the maintenance of the highest standards of transparency in government records and decision -making is indispensable for the pursuit of accountability for torture and ill -treatment. The invaluable work of civil society organizations, which document and report torture and ill-treatment, often in the face of systematic denial, deliberate obstruction or even threats and abuse on the part of State authorities, cannot be overstat ed. 17. The Convention against Torture requires States to ensure an effective system of continuous accountability, including through national legislation, policies and practices relevant to the prohibition, prevention, investigation and redress of torture and ill-treatment. For example, States should enact national legislation making torture, as defined in article 1 of the Convention, a specific offence subject to punishment commensurate with the gravity of the crime. The Committee against Torture stressed in its general comment No. 2 (2008) that torture must be made a distinct crime as that would “directly advance the Convention’s overarching aim”. 12 Moreover, article 11 of the Convention requires State authorities to maintain under systematic review existing rules, instructions, methods and practices related to the interviewing of suspects, as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment within their jurisdiction, with a view to preventing torture and ill-treatment. In conducting such review, States should be guided by the standards reflected in relevant international instruments, including soft law and expert guidance, 13 and the advice provided by specialized independent bodies and civil society organizations and experts at both the national and international levels. 18. A critical dimension of accountability on the national level is the obligation of States: to promptly and impartially investigate acts of torture or ill -treatment suspected or alleged to have occurred within their jurisdiction; to ensure the right of alleged victims to complain to, and to have their case promptly and impartially examined by, the State’s competent authorities; and to ensure that victims obtain redress and have an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. 14 19. The duty to investigate is central to relevant jurisprudence by human rights bodies on the prohibition of torture and ill-treatment. In particular, it is firmly established in human rights case law that, where a violation of the prohibition is credibly alleged or suspected, States are bound to conduct a prompt, thorough and effective investigation aimed at establishing whether a violation has occurred; identifying and, where relevant, punishing those responsible; and providing redress for the victim(s). 15 The duty to investigate is closely tied to securing redress and reparation for victims of torture and ill-treatment. The Human Rights Committee tied the duty to investigate to the right to an effective remedy, stating that: “[t]he right to lodge complaints against maltreatment prohibited by article 7 must be recognized in __________________ 12 13 14 15 21-09914 CAT/C/GC/2, para. 11. For example, the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the Principles on Effective Interviewing for Investigations and Information Gathering (the Méndez Principles). Convention against Torture, arts. 12–14. See, inter alia, Inter-American Court of Human Rights, Velásquez-Rodríguez v. Honduras, Judgment of 29 July 1988; Human Rights Committee, general comment No. 20 (1992), para. 14; European Court of Human Rights, Assenov and others v. Bulgaria (application No. 24760/94), Judgment of 28 October 1998; and Human Rights Committee, Teófila Casafranca de Gómez v. Peru, Communication No. 981/2001 (CCPR/C/78/D/981/2001), 22 July 2003. 7/23

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