A/HRC/RES/37/19
of being subjected to torture and other cruel, inhuman or degrading treatment or
punishment,
1.
Urges all States that have not become a party to the Convention against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment to do so, and to
give early consideration to signing and ratifying the Optional Protocol thereto as a matter of
priority;
2.
Also urges all States that have not yet done so to consider ratifying the United
Nations Convention against Corruption, and calls upon States parties to the Convention to
effectively implement it;
3.
Stresses that all acts of torture must be made offences under domestic
criminal law punishable by appropriate penalties that take into account their grave nature,
and calls upon States to prohibit under domestic law acts constituting cruel, inhuman or
degrading treatment or punishment;
4.
Calls upon States to adopt such legislative and other measures as may be
necessary to establish acts of corruption as criminal offences, as required in the United
Nations Convention against Corruption and in other relevant regional anti-corruption
treaties to which they are a party;
5.
Stresses that States must take effective legislative, administrative, judicial or
other measures to prevent public officials, including law enforcement officials or other
persons acting in an official capacity, from inflicting, instigating or consenting or
acquiescing to any acts of torture or other cruel, inhuman or degrading treatment or
punishment;
6.
Also stresses that public officials should not commit any act of corruption,
and that they should rigorously oppose and combat all such acts;
7.
Recognizes that the prevalence of corruption, including in law enforcement
and justice systems, can have a negative impact on the fight against torture and other cruel,
inhuman or degrading treatment or punishment, including by eroding fundamental
safeguards and preventing victims of torture and other cruel, inhuman or degrading
treatment or punishment from effectively seeking justice, redress and compensation through
the justice system;
8.
Recognizes with concern that the threat or act of torture and other cruel,
inhuman or degrading treatment or punishment may be used as a means of perpetrating acts
of corruption;
9.
Recognizes that measures to combat torture and other cruel, inhuman or
degrading treatment or punishment should give due attention to the detrimental effects of
corruption, and that efforts to prevent and combat corruption and efforts to prevent and
combat torture and other cruel, inhuman or degrading treatment or punishment can be
mutually reinforcing;
10.
Urges States to adopt, implement and comply fully with legal and procedural
safeguards against torture and other cruel, inhuman or degrading treatment or punishment,
and ensure that these safeguards are not compromised by any form or practice of
corruption, recognizing that such safeguards can also be a valuable protection against
corrupt practices;
11.
Underlines that one key aspect of prevention measures against corruption is
to address the needs of those in vulnerable situations and persons belonging to marginalized
groups, who may be the first persons negatively affected by corruption and may
consequently be at greater risk of being subjected to torture and other cruel, inhuman or
degrading treatment or punishment;
12.
Invites bodies working on the eradication and prevention of torture and other
cruel, inhuman or degrading treatment or punishment to cooperate with national anticorruption authorities and national human rights institutions, where they exist, in addressing
how corruption negatively affects the right to be free from torture and other cruel, inhuman
or degrading treatment or punishment, including through the exchange of relevant
information;
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