A/HRC/16/52
The Special Rapporteur intends to engage constructively with States with a view to
ensuring enhanced respect for, and adherence to, the Convention, in particular, the
exclusionary rule enshrined in article 15, and the necessity for States to ensure that torture
is a criminal offence in domestic legislation, punishable by appropriate penalties and
thereby necessitating effective investigation and prosecution of each instance of torture, as
provided for in article 4 of the Convention. Noting with deep regret the long-term physical
and psychological trauma that victims of torture experience, he intends to promote actions
leading to the rehabilitation and other forms of reparation for victims of torture. He believes
that, without undermining the rights of defendants to all guarantees of fair trial, victims
should be allowed to participate actively in attempts to hold torturers accountable.
The Special Rapporteur acknowledges that there are credible and human rightsfriendly forensic and other scientific alternatives which have been proven to achieve the
desired results in law enforcement and crime prevention than torture and cruel, inhuman
and degrading treatment. Scientific advances have made possible the provision of evidence
to corroborate evidence that torture has been administered; hence these new techniques are
important tools for achieving accountability. The Special Rapporteur wishes to further
develop linkages between science and forensics as an effective alternative to be employed
in law enforcement, countering terrorism and effective criminal prosecution.
Lastly, the report re-emphasizes the mandate’s position on pretrial detention, nonrefoulement and diplomatic assurances, conditions in detention and torture in secret
detention. It also highlights important issues requiring longer term consideration and
engagement with States.
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