A/54/426 1999/33, “The right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms”; 1999/34, “Impunity”; 1999/35, “Extrajudicial, summary or arbitrary executions”; 1999/36, “Right to freedom of opinion and expression”; 1999/37, “Question of arbitrary detention”; 1999/38, “Question of enforced or involuntary disappearances”; 1999/39, “Implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief”; 1999/41, “Integrating the human rights of women throughout the United Nations system”; 1999/42, “Elimination of violence against women”; 1999/43, “Abduction of children from northern Uganda”; 1999/47, “Internally displaced persons”; 1999/48, “Rights of persons belonging to national or ethnic, religious and linguistic minorities”; 1999/66, “Implementation of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms”; 1999/74, “Assistance to States in strengthening the rule of law”; 1999/78, “Racism, racial discrimination, xenophobia and related intolerance”; 1999/80, “Rights of the child”. C. Legal framework 8. The Special Rapporteur is guided by international legal standards. The main substantive legal framework, as indicated by the Commission on Human Rights in its resolution 1999/32, consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Relevant provisions of other international human rights instruments such as the Convention on the Rights of the Child, the Vienna Declaration and Programme of Action, the Declaration on the Elimination of All Forms of Violence against Women, the four Geneva Conventions of 1949 for the protection of war victims, the Standard Minimum Rules for the Treatment of Prisoners, the Body of Principles for the Treatment of Prisoners, the Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use 4 of Force and Firearms by Law Enforcement Officials are also taken into consideration by the Special Rapporteur. 9. The right to be free from torture and cruel, inhuman or degrading treatment or punishment is a non-derogable right, the protection of which is explicitly affirmed in article 5 of the Universal Declaration of Human Rights, article 7 of the International Covenant on Civil and Political Rights, the Declaration of All Persons from Being Subjected to Torture and Other Cruel, Inhuman Treatment or Punishment and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment. 10. In accordance with article 2 of the Universal Declaration of Human Rights and articles 2 and 26 of the International Covenant on Civil and Political Rights, and pursuant to several other United Nations declarations and conventions, everyone is entitled to this right without distinction or discrimination of any kind, and all persons shall be guaranteed equal and effective access to remedies for the violation of this right. 11. Moreover, article 4, paragraph 2, of the International Covenant on Civil and Political Rights provides that exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any derogation from the right to life and security of the person. 12. The Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment establish other legal obligations to prevent torture and other cruel, inhuman or degrading treatment. These legal obligations, which the Special Rapporteur takes into consideration when he communicates with a State or undertakes an in situ visit, include the following: (a) Each State shall ensure that acts of torture are offences under its criminal law; (b) Any person who alleges that he or she has been subjected to torture or other cruel, inhuman or degrading treatment or punishment by or at the instigation of a public official shall have the right to complain to, and to have his case impartially examined by, the competent authorities of the State concerned; (c) If an investigation establishes that an act of torture appears to have been committed, criminal proceedings shall be instituted against the alleged offender or offenders in accordance with the national law. If an allegation of other forms of cruel, inhuman or degrading

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