executive arms of government and other stakeholders, such that anti-torture
bills can be presented as either private member submissions or executive bills.
State Parties should take concrete steps to ensure the full implementation of
anti-torture legislation where this exists.
State Parties to the OPCAT should establish and maintain National Preventive
Mechanisms (NPMs) within their respective jurisdictions. The NPM must be
effective and independent, and the State should ensure it receives sufficient
funding to enable it to function effectively.
The NPM may be established either as an independent body or as a separate
unit within an existing or newly established NHRI. The NPM must comply
with all the OPCAT requirements.
Sustainability of NPMs must be guaranteed through the allocation of adequate
resources, capacity building of NPM members of staff, and coordination and
partnership with other stakeholders.
All States should conduct effective, independent, prompt, transparent and
impartial investigations into all allegations of torture in order to bring
perpetrators to justice and to end impunity, as well as to ensure that public
authorities are held accountable for their actions, in order to build public
confidence in the rule of law.
When defining acts of torture State Parties should adopt a definition that at a
minimum complies with Art 1 of the UNCAT. States should consider
broadening this definition to accommodate their local context which may
include extending the definition to include non-state actors.
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States should review existing laws to ensure compliance with the principles
and obligations enshrined in RIG, UNCAT, and OPCAT.
The process of advocating for criminalization of torture should involve
various stakeholders including torture survivors, health workers, civil society
organizations, media practitioners, professional organizations. Credible and
effective coalitions should be built for the purpose of mobilizing public
support for the passage of anti-torture bills.
State Parties should ensure the effective dissemination of the anti-torture
legislation to all stakeholders and the general public.
National Human Rights Institutions
National Human Rights Institutions (NHRIs) should designate focal points to
address issues of torture who should liaise with the CPTA and other national,
regional and international mechanisms relevant to the prevention of torture
and rehabilitation of torture victims.