RES/37/19 The negative impact of corruption on the right to be free from torture and other cruel, inhuman or degrading treatment or punishment

 GE.18-05526(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda item 3

Resolution adopted by the Human Rights Council on 23 March 2018

37/19. The negative impact of corruption on the right to be free from torture

and other cruel, inhuman or degrading treatment or punishment

The Human Rights Council,

Recalling all resolutions on torture and other cruel, inhuman or degrading treatment

or punishment adopted by the General Assembly, the Commission on Human Rights and

the Human Rights Council,

Recalling also all relevant resolutions of the Commission on Human Rights and the

Human Rights Council on the negative impact of corruption on human rights,

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

degrading treatment or punishment,

Acknowledging that good governance, transparency, accountability and the rule of

law play a central role both in the promotion and protection of human rights, including to

ensure the absolute prohibition against torture and other cruel, inhuman or degrading

treatment or punishment, and in preventing and combating corruption at all levels,

Concerned about the seriousness of problems and threats posed by corruption to the

stability and security of societies, undermining the institutions and values of democracy,

ethical values and justice and jeopardizing sustainable development and the rule of law,

Recognizing that the international legal frameworks for protecting human rights and

fighting corruption are complementary and mutually reinforcing,

Recalling the correlation between the levels of corruption within a State and the

prevalence of torture and other cruel, inhuman or degrading treatment or punishment

recognized in the seventh annual report of the Subcommittee on Prevention of Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment,1

Recognizing that corruption has a disproportionate impact on persons in vulnerable

situations and persons belonging to marginalized groups and may have an adverse impact

on their access to justice, redress and compensation, including as victims of torture and

other cruel, inhuman or degrading treatment or punishment, which may increase their risk

1 CAT/C/52/2, para. 72.

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 anti-

corruption 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;

13. Emphasizes the essential role of law enforcement officials, judges,

prosecutors and lawyers in safeguarding the right not to be subjected to torture and other

cruel, inhuman or degrading treatment or punishment, and that States should ensure the

effective administration of justice, including by taking effective measures to combat

corruption in the administration of justice, establishing proper legal aid programmes and

having law enforcement officials, judges, prosecutors and lawyers adequately and in

sufficient numbers selected, trained and remunerated;

14. Calls upon States, in the training of law enforcement personnel, judges,

prosecutors and other relevant public officials, to include education and information

regarding the absolute prohibition of torture and other cruel, inhuman or degrading

treatment or punishment and to enhance their awareness of how the risks of corruption in

the performance of their functions may increase the risk of torture and other cruel, inhuman

or degrading treatment or punishment;

15. Stresses that corruption in any area of the justice system has a negative

impact on its independence, impartiality and effectiveness, including its mechanisms that

investigate and prosecute acts of torture and other cruel, inhuman or degrading treatment or

punishment and provide access to justice, redress and compensation for victims of such

acts;

16. Emphasizes that independent oversight and complaints mechanisms and an

independent, impartial and effective justice system contribute to accountability, which is

essential to the prevention of corruption and of torture and other cruel, inhuman or

degrading treatment or punishment, including if facilitated or practiced due to or as a result

of corruption;

17. Also emphasizes that States are obligated to ensure that any person who

alleges to have been subjected to torture or other cruel, inhuman or degrading treatment or

punishment in any territory under its jurisdiction has the right to complain to the competent

authorities, and that steps are taken to ensure that the complainant and witnesses are

protected against all ill-treatment or intimidation as a consequence of his or her complaint

or any evidence given;

18. Calls upon States to ensure accountability for acts of torture and other cruel,

inhuman or degrading treatment or punishment, and in this regard stresses that preventing

and combating corruption are important in ensuring the ability of the competent national

authorities to investigate promptly, effectively, independently and impartially all allegations

of such acts;

19. Takes note with appreciation of the report of the Special Rapporteur on

torture and other cruel, inhuman or degrading treatment of r punishment;2

20. Invites the Special Rapporteur and other relevant special procedures, within

their respective mandates, to take the present resolution into account in their future work.

54th meeting

23 March 2018

[Adopted without a vote.]

2 A/HRC/37/50.