Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
stipulates that ‘All persons deprived of their liberty shall be treated with humanity and
with respect for the inherent dignity of the human person’.”3
*****
Article 2 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment provides that “each State Party shall take
effective legislative, administrative, judicial or other measures to prevent acts of torture
in any territory under its jurisdiction” (emphasis added). According to article 12 of the
Convention, each State party shall moreover “ensure that its competent authorities
proceed to a prompt and impartial investigation, wherever there is reasonable
ground to believe that an act of torture has been committed in any territory under its
jurisdiction” (emphasis added). In making its recommendations to States parties, the
Committee against Torture has consistently emphasized that they should “ensure
vigorous investigation and, where appropriate, the prosecution of all reported instances
of alleged torture and ill-treatment” by their authorities, “whether civil or military”.4
For the purpose of ensuring that perpetrators of torture do not enjoy immunity, the
Committee against Torture has further recommended that States parties “ensure that
amnesty laws exclude torture from their reach”.5
Furthermore, it is noteworthy that the Committee against Torture has
repeatedly recommended that States parties to the Convention against Torture should
consider repealing laws which may undermine the independence of the
Judiciary,6 and, with regard more particularly to the problem of limited-term
appointments, bring their legislation into line with the 1985 Basic Principles on the
Independence of the Judiciary and the 1990 Guidelines on the Role of Prosecutors.7
*****
In General Comment No. 20, the Human Rights Committee also pointed out
that article 7 of the International Covenant on Civil and Political Rights should be read
in conjunction with article 2(3) thereof concerning the obligation of the States parties to
provide effective remedies to persons whose rights and freedoms are violated.8 This
means, in particular, that “the right to lodge complaints against maltreatment
prohibited by article 7 must be recognized in the domestic law” and that “complaints
must be investigated promptly and impartially by competent authorities so as to make
the remedy effective”.9 The Committee against Torture has also emphasized the
importance of introducing “an effective and reliable complaint system that will allow
the victims of torture and other forms of cruel, inhuman or degrading treatment or
punishment to file complaints”.10
3 Ibid.
4 See e.g. as to Peru, UN doc. GAOR, A/55/50, p. 15, para. 61(a).
5 Ibid., p. 17.
6 See e.g. as to Peru, in UN doc. GAOR, A/55/44, p. 15, para. 60; and, as to Azerbaijan, see ibid., p. 17, para. 69(d).
7 See as to Kyrgyzstan, ibid., p. 19, para. 75(d).
8 United Nations Compilation of General Comments, p. 141, para. 14.
9 Ibid., loc. cit.; emphasis added.
10 See e.g. as to Poland, UN doc. GAOR, A/55/44, p. 22, para. 94.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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