also requires that prompt and regular access be given to doctors and lawyers and,
under appropriate supervision when the investigation so requires, to family members.
12.
It is important for the discouragement of violations under article 7 that the law
must prohibit the use of admissibility in judicial proceedings of statements or
confessions obtained through torture or other prohibited treatment.
13.
States parties should indicate when presenting their reports the provisions of
their criminal law which penalize torture and cruel, inhuman and degrading treatment
or punishment, specifying the penalties applicable to such acts, whether committed by
public officials or other persons acting on behalf of the State, or by private persons.
Those who violate article 7, whether by encouraging, ordering, tolerating or
perpetrating prohibited acts, must be held responsible. Consequently, those who have
refused to obey orders must not be punished or subjected to any adverse treatment.
14.
Article 7 should be read in conjunction with article 2, paragraph 3, of the
Covenant. In their reports, States parties should indicate how their legal system
effectively guarantees the immediate termination of all the acts prohibited by article 7
as well as appropriate redress. The right to lodge complaints against maltreatment
prohibited by article 7 must be recognized in the domestic law. Complaints must be
investigated promptly and impartially by competent authorities so as to make the
remedy effective. The reports of States parties should provide specific information on
the remedies available to victims of maltreatment and the procedure that complainants
must follow, and statistics on the number of complaints and how they have been dealt
with.
15.
The Committee has noted that some States have granted amnesty in respect of
acts of torture. Amnesties are generally incompatible with the duty of States to
investigate such acts; to guarantee freedom from such acts within their jurisdiction;
and to ensure that they do not occur in the future. States may not deprive individuals
of the right to an effective remedy, including compensation and such full
rehabilitation as may be possible.