Chapter 6 • The Right to a Fair Trial: Part I – From Investigation to Trial Legal instruments have also been drafted aimed at the professional groups involved in criminal investigations. The 1979 Code of Conduct for Law Enforcement Officials provides inter alia in its article 5 that “no law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment”. The 1990 Guidelines on the Role of Prosecutors contain in particular the following important provision: “16. When prosecutors come into possession of evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect’s human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice.” Also, article 54(1)(c) of the Statute of the International Criminal Court provides that one of the duties of the Prosecutor with respect to investigations is to “fully respect the right of persons arising under this Statute”, which means, inter alia, the right specified in article 55(1)(c) concerning the prohibition of duress and torture. Furthermore, as stated in preambular paragraph 7 of the 1985 Basic Principles on the Independence of the Judiciary, “judges are charged with the ultimate decision over life, freedoms, rights, duties and property of citizens”, and it is therefore also the duty of judges to be particularly alert to any sign of maltreatment or duress of any kind that might have taken place in the course of criminal investigations and deprivation of liberty, and to take the necessary measures whenever faced with a suspicion of maltreatment.56 Judges, prosecutors and lawyers must be particularly alert for any sign of torture, including rape, and other forms of sexual abuse and ill-treatment of women and children in custody. Torture and ill-treatment of these vulnerable groups while in the hands of police officers and prison officials are commonplace in many countries, and in order to bring such illegal practices to an end, it is indispensable that the members of the legal professions at all times play an active role in their prevention, investigation and punishment. Torture and other forms of ill-treatment are prohibited at all times, including during criminal investigations, and can never be justified; these are acts that must be prevented, investigated and punished. Judges, prosecutors and lawyers must be particularly alert for any sign of torture or ill-treatment of women and children in custody. 56 Provisions against torture can also be found in article 6 of the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 231