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. 320 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers

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