PART A EXECUTIVE SUMMARY General Recommendations and Observations Ratification of relevant international instruments • NHRI’s should stress to their states the vital importance of ratifying all relevant treaties regarding torture, including the ICCPR, its First Optional Protocol, the CAT and the OPCAT. • In particular, they should stress the importance of ratifying OPCAT and recognising an individual’s right to make a complaint to relevant international bodies, by becoming a party to the First Optional Protocol to the ICCPR and making a declaration under article 22 of CAT. Legislative implementation of international obligations in domestic law NHRI’s should urge their states to: o include a comprehensive definition of the term “torture” in domestic legislation; o ensure that torture is a specific criminal offence under domestic laws; o recognise customary international law as informing domestic law; o give legislative effect to the non-refoulement principle, including the prohibition of the return (directly or indirectly) of persons to a country in which they may face torture or other cruel, inhuman or degrading treatment or punishment; o enact legislation asserting jurisdiction over extraterritorial acts of torture committed both by national and non nationals. 14

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