E/CN.4/1991/17
page 94
(g) Whenever a torture complaint is found justified, the perpetrators
should be severely punished. If the torture is found to have taken place in
an official place of detention the official in charge of this location should
be disciplined or punished;
(h) Since the Special Rapporteur continues to receive information that
members of the medical profession play a role in the practice of torture, he
wishes to reiterate his previous recommendation that professional medical
associations take strict measures against such persons who have dishonoured
their profession;
(i) Each detained person should have the right to initiate, immediately
after his arrest, proceedings before a court on the lawfulness of his
detention, in conformity with article 9, paragraph 4 of the International
Covenant on Civil and Political Rights. Since the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment, which
in principle 32 contains the same provision, makes no exception for times of
emergency, a detained person should be entitled to exercise this right also
under a state of siege or emergency;
(j) Training programmes for law enforcement and security personnel
should reflect the respect due to the inherent dignity of all detained
persons. In particular, such personnel should be instructed on their duty to
disobey orders received from a superior to practise torture;
(k) Governments are reminded that they can avail themselves of the
programme of advisory services of the United Nations Centre for Human Rights
in combating torture.
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