Legislative implementation
•
Effective implementation of international obligations regarding torture and cruel, inhuman
or degrading treatment or punishment requires vigilance and measures additional to the
enactment of domestic legislation and the ratification of relevant international standards.
•
NHRIs should urge their states to ensure that all allegations of torture and cruel, inhuman
or degrading treatment or punishment perpetrated by public officials are subjected to an
independent and impartial investigation and that all perpetrators of torture are effectively
punished.
•
For those states that are not parties to any relevant treaties and that have no specific laws
relating to torture and cruel, inhuman and degrading treatment or punishment, existing
laws, including under the relevant penal codes, should be used to prosecute perpetrators.
•
NHRIs should stress the importance of effective witness and victim protection regimes to
ensure that witnesses and victims are not subject to retaliation of any kind. In this regard,
the introduction of “whistle blowing” legislation will be of significance.
•
Consideration should be given to introducing mandatory reporting regimes where there is
any suspicion that a person has been subjected to torture or cruel, inhuman or degrading
treatment or punishment.
•
NHRIs should promote policy reform to remove any immunity of UN officials and state
representatives for torture and cruel, inhuman or degrading treatment or punishment.
International bodies
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NHRIs should encourage their states to issue a standing invitation to the UN Special
Rapporteur on Torture and other relevant Rapporteurs of the UN to make visits and
reports.
•
NHRIs should urge their states to ensure that their reporting requirements under relevant
international treaties are up-to-date. They might also consider submitting shadow reports.
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