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.
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