RES/34/19 Torture and other cruel, inhuman or degrading treatment or punishment: mandate of the Special Rapporteur

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Human Rights Council Thirty-fourth session

27 February–24 March 2017

Agenda item 3

Resolution adopted by the Human Rights Council on 24 March 2017

34/19. Torture and other cruel, inhuman or degrading treatment or

punishment: mandate of the Special Rapporteur

The Human Rights Council,

Recalling international human rights law, standards and guidelines on torture and

other cruel inhuman degrading treatment or punishment,

Reaffirming that no one shall be subjected to torture or to other cruel, inhuman or

degrading treatment or punishment,

Recalling that freedom from torture and other cruel, inhuman or degrading treatment

or punishment is a non-derogable right under international law that must be respected and

protected under all circumstances, including in times of international and internal armed

conflict or internal disturbance or any other public emergency, that the absolute prohibition

of torture and other cruel, inhuman or degrading treatment or punishment is affirmed in the

relevant international instruments, and that legal and procedural safeguards against such

acts must not be subject to measures that would circumvent this right,

Recalling also that the prohibition of torture is a peremptory norm of international

law, and that international, regional and domestic courts have recognized the prohibition of

cruel, inhuman or degrading treatment or punishment to be customary international law,

Recognizing the importance of the work of the Special Rapporteur in the prevention

and fight against torture and other cruel, inhuman or degrading treatment or punishment,

Recalling Human Rights Council resolutions 5/1, on institution-building of the

Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the

Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or her

duties in accordance with those resolutions and the annexes thereto,

1. Decides to extend the mandate of the Special Rapporteur on torture and other

cruel, inhuman or degrading treatment or punishment for a further period of three years:

(a) To seek, receive, examine and act on information from Governments,

intergovernmental and civil society organizations, individuals and groups of individuals

United Nations A/HRC/RES/34/19

General Assembly

regarding issues and alleged cases concerning torture or other cruel, inhuman or degrading

treatment or punishment;

(b) To conduct country visits with the consent or at the invitation of

Governments and to enhance further dialogue with them, and to follow up on

recommendations made in reports after visits to their countries;

(c) To study, in a comprehensive manner, trends, developments and challenges

in relation to combating and preventing torture and other cruel, inhuman or degrading

treatment or punishment, and to make recommendations and observations concerning

appropriate measures to prevent and eradicate such practices;

(d) To identify, exchange and promote best practices on measures to prevent,

punish and eradicate torture and other cruel, inhuman or degrading treatment or

punishment;

(e) To integrate a gender perspective and a victim-centred approach throughout

the work of his or her mandate;

(f) To continue to cooperate with the Committee against Torture, the

Subcommittee on Prevention of Torture and relevant United Nations mechanisms and

bodies and, as appropriate, regional organizations and mechanisms, national human rights

institutions, national preventive mechanisms and civil society, including non-governmental

organizations, and to contribute to the promotion of strengthened cooperation among the

above-mentioned actors;

(g) To report on all of his or her activities, observations, conclusions and

recommendations to the Human Rights Council in accordance with its programme of work,

and annually on overall trends and developments with regard to his or her mandate to the

General Assembly, with a view to maximizing the benefits of the reporting process;

2. Urges States:

(a) To cooperate fully with and to assist the Special Rapporteur in the

performance of his or her tasks, to supply all necessary information requested by him or her

and to fully and expeditiously respond to his or her urgent appeals, and urges those

Governments that have not yet responded to communications transmitted to them by the

Special Rapporteur to answer without further delay;

(b) To respond favourably to the Special Rapporteur’s requests to visit their

countries, and to enter into a constructive dialogue with the Special Rapporteur on

requested visits to their countries;

(c) To ensure, as an important element in preventing and combating torture and

other cruel, inhuman and degrading treatment or punishment, that no authority or official

orders, applies, permits or tolerates any sanction, reprisal, intimidation or other prejudice

against any person, group or association, including persons deprived of their liberty, for

contacting, seeking to contact or having been in contact with the Special Rapporteur or any

other international or national monitoring or preventive body active in the prevention and

combat of torture and other cruel, inhuman or degrading treatment or punishment;

(d) To ensure proper follow-up to the recommendations and conclusions of the

Special Rapporteur;

(e) To adopt a victim-centred and gender-sensitive approach in the fight against

torture and other cruel, inhuman or degrading treatment or punishment, paying special

attention to the views and needs of victims in policy development and other activities

relating to rehabilitation, prevention and accountability for torture and other cruel, inhuman

or degrading treatment or punishment, and gender-based violence that constitutes torture or

other cruel, inhuman or degrading treatment or punishment;

(f) To become parties to the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment and to give early consideration to signing

and ratifying the Optional Protocol thereto as a matter of priority, and to designating or

establishing independent and effective national preventive mechanisms for the prevention

of torture and other cruel, inhuman or degrading treatment or punishment in a timely

manner;

(g) To ensure appropriate follow-up to conclusions, recommendations, requests

for further information and views on individual communications of the relevant treaty

bodies, including the Committee against Torture and the Subcommittee on Prevention of

Torture;

(h) To consider providing adequate support to the United Nations Voluntary

Fund for Victims of Torture and the Special Fund established by the Optional Protocol to

the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment;

3. Takes note with appreciation of the report of the Special Rapporteur;1

4. Requests the Secretary-General to ensure, from within the overall budgetary

framework of the United Nations, the provision of an adequate and stable level of staffing

and the facilities and resources necessary for the Special Rapporteur, bearing in mind the

strong support expressed by Member States for preventing and combating torture and

assisting victims of torture;

5. Decides to continue to consider this matter in conformity with its annual

programme of work.

57th meeting

24 March 2017

[Adopted without a vote.]

1 A/HRC/34/54.