A/73/207
20. Many States have adopted universal and regional anti-torture instruments over
the past seven decades: the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (164 States parties; 7 signatories); the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (88 States parties; 14 signatories); the International
Covenant on Civil and Political Rights (171 States parties; 6 Signatories); the Geneva
Conventions of 1949 (196 States parties) and their Additional Protocol I (17 4 States
parties; 3 signatories) and Additional Protocol II (168 States parties; 3 signatories);
and the Rome Statute of the International Criminal Court (123 States parties; 15
signatories). 5
21. Despite this historically unprecedented commitment, further efforts are needed.
States accounting for a sizeable portion of the world ’s population still have not, or
not sufficiently, formalized their commitment by adopting, without reservation,
treaties requiring the establishment of a normative, institutional an d policy framework
to effectively implement the prohibition of torture and ill -treatment.
B.
National implementation
1.
National legal framework
22. Beyond the formal recognition of their international legal obligations with
regard to the prohibition and prevention of torture and ill -treatment, whether derived
from treaty instruments, custom or general principles of law, States must also adopt
legislative, regulatory, procedural and practical measures for their effective
implementation throughout their jurisdiction, particularly in places of detention, but
also in the context of law enforcement, the policing of assemblies, immigration
control and active protection from various forms of interpersonal violence.
(a)
Criminalization
23. In order to prevent torture and ill-treatment, such abuse must be adequately
criminalized and effectively prosecutable under national law. 6 Unfortunately, many
national criminal codes still do not recognize torture as a distinct offence, employ an
excessively narrow definition of that crime, or fail to criminalize its perpetration by
mere consent or acquiescence of a public official. In many cases, national legislation
fails to provide for sanctions reflecting the gravity of torture, for the exercise of
universal jurisdiction or for the removal of statutes of limitation or immunities in
respect of torture and ill-treatment.
(b)
Investigation, accountability and redress
24. The duty of States to investigate allegations of torture and ill -treatment and, in
case of violations, to provide for accountability, reparation and rehabilitation, 7 is of
fundamental importance with a view to ensuring justice, reconciliation and the rule
of law, and preventing future violations. Nevertheless, many national legal systems
still do not adequately guarantee those rights, and even establish legal obstacles to
their implementation, such as limitation periods and immunities, or denial of leg al
standing for victims and their families in proceedings.
__________________
5
6
7
18-12051
As at 15 July 2018.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(arts. 2 and 4–7).
Ibid. (arts. 12–14).
7/23