Part II: Preventing torture: NHRIs in action lobbied with the House of Representatives. The consolidated and consistent effort paid off with the adoption of the Philippines’ Anti-Torture Law in 2009. Inadmissibility of evidence obtained by torture (article 15) The criminal law should clearly state that any evidence obtained under torture is inadmissible in criminal proceedings brought against that person. NHRIs should ensure that this law is respected in practice.63 Universal jurisdiction to trial torturers (articles 5–9) NHRIs should ensure that legislation exists to enable the State to prosecute any alleged torturer in its territory, irrespective of whether the crime was committed outside its borders and regardless of the alleged perpetrator’s nationality, country of residence or absence of any other relationship with the country. If the State is unable to prosecute the offence, it is required to extradite the person to a State which is able and willing to prosecute such a crime. Non-refoulement (article 3) NHRIs should monitor whether domestic laws, as well as relevant policies and practices, are sufficient to respect and uphold the principle of non-refoulement, which is a key obligation of States parties under the Convention. This includes ensuring that states do not return people to countries where there is a substantial risk they would be subjected to gender-based violence, by public or private actors, amounting to torture, as well as to torture, ill-treatment, criminalization and detention based on their sexual orientation, gender identity or sex characteristics. Legal frameworks to prevent torture against women and LGBTI people NHRIs should monitor whether domestic laws prohibit, prevent and redress acts of gender-based harm that amount to torture and ill-treatment, by both state and non-state actors, in line with article 2 and other relevant provisions of the Convention. Where legal frameworks fall short, NHRIs can promote legal reform including: criminalising all forms of violence against women and girls, for example domestic violence, rape and marital rape, forced marriages, sexual harassment, forced abortion and female genital mutilation. Comprehensive trafficking legislation should include a definition of trafficking. NHRIs can also advocate for repealing discriminatory laws that perpetuate harmful stereotypes, encourage gender-based violence and contribute to impunity. This could include: decriminalising abortion; repealing laws that target women and LGBTI persons for “moral crimes”; dismantling legal barriers for women to initiate legal proceedings; repealing laws that restrict women’s access to divorce, property rights and inheritance; repealing laws that criminalize consensual relationships between same-sex adults; and repealing laws that penalize cross-dressing and sex work. Insights from practice: In 2014, the National Human Rights Commission of Bangladesh (JAMAKON) and the Law Commission of Bangladesh submitted to the government a draft of the first Anti-Discrimination Act, which included protections for LGBT people as a marginalized and vulnerable population. 63 The Special Rapporteur on Torture, Juan Mendez, elaborated on the exclusionary rule in his report to the Human Rights Council of April 2014 (A/HRC/25/60). 47