REU, Alm.del - 2009-10 - Bilag 424: Orientering om den af FN’s Menneskerettighedsråd den 26. marts vedtagne resolution mod tortur, som Danmark har fremlagt, fra udenrigsministeren

Torture and other cruel, inhuman or degrading treatment orpunishment: the role and responsibility of judges, prosecutors andlawyersThe Human Rights Council,Recallingall resolutions on torture and other cruel, inhuman or degrading treatmentor punishment adopted by the General Assembly, the Commission on Human Rights andthe Council,Also recallingHuman Rights Council resolution 12/3 of 25 September 2009 on theindependence and impartiality of the judiciary, jurors and assessors and the independenceof lawyers and Human Rights Council Decision 2/110 of 27 November 2006 on theintegrity of the judicial systemReaffirmingthat no one shall be subjected to torture or to other cruel, inhuman ordegrading treatment or punishment,Recallingthat freedom from torture and other cruel, inhuman or degrading treatmentor punishment is a non-derogable right that must be protected under all circumstances,including during states of emergency and in times of international or internal armedconflicts or disturbance and that the absolute prohibition of torture and other cruel, inhumanor degrading treatment or punishment is affirmed in relevant international instruments,stressing that legal and procedural safeguards against such acts must not be subject to

measures that would circumvent this right, and emphasizing that judges, prosecutors andlawyers play a critical role in safeguarding this right,Convincedthat an independent and impartial judiciary, an independent legalprofession and the integrity of the judicial system are essential prerequisites for theprotection of human rights, including the right to be free from torture and other cruel,inhuman or degrading treatment or punishment, and the application of the rule of law andfor ensuring a fair trial and that there is no discrimination in the administration of justice,,Condemnsall forms of torture and other cruel, inhuman or degrading1.treatment or punishment, including through intimidation, which are and shall remainprohibited at any time and in any place whatsoever and can thus never be justified, and callsupon all States to implement fully the absolute prohibition of torture and other cruel,inhuman or degrading treatment or punishment;2.Emphasizesthat States must take persistent, determined and effectivemeasures to prevent and combat all acts of torture and other cruel, inhuman or degradingtreatment or punishment, and stresses that all acts of torture must be made offences underdomestic criminal law, and encourages States to prohibit under domestic law actsconstituting cruel, inhuman or degrading treatment or punishment;3.UrgesStates to respect and ensure respect for the critical role that judges,prosecutors and lawyers play in the prevention of torture and other cruel, inhuman ordegrading treatment or punishment, including with respect to arbitrary detention, dueprocess safeguards and fair trial standards, and bringing perpetrators to justice;Also urgesStates to adopt, implement and fully comply with legal and4.procedural safeguards against torture and other cruel, inhuman or degrading treatment orpunishment, as well as to ensure that the judiciary, and where relevant the prosecution, caneffectively ensure compliance with such safeguards;Stressesthat effective legal and procedural safeguards for the prevention of5.torture and other cruel, inhuman or degrading treatment or punishment include, inter alia,ensuring that any individual arrested or detained is brought promptly before a judge orother independent judicial officer in person, permitting prompt and regular medical careand legal counsel as well as visits by family members;6.Calls uponStates in the context of criminal proceedings to ensure access tolawyers from the outset of custody and during all interrogations and judicial proceedings, aswell as access of lawyers to appropriate information in sufficient time to enable them toprovide effective legal assistance to their clients;Strongly urgesStates to ensure that no statement that is established to have7.been made as a result of torture is invoked as evidence in any proceedings, except against aperson accused of torture as evidence that the statement was made, and calls upon States toconsider extending that prohibition to statements made as a result of other cruel, inhumanor degrading treatment or punishment, and recognizes that adequate corroboration ofstatements, including confessions, used as evidence in any proceedings constitutes onesafeguard for the prevention of torture and other cruel, inhuman or degrading treatment orpunishment;8.UrgesStates not to expel, return (refouler), extradite or in any other waytransfer a person to another State where there are substantial grounds for believing that theperson would be in danger of being subjected to torture, and stresses the importance ofeffective legal and procedural safeguards in this regard;

9.Condemnsany action or attempt by States or public officials to legalize,authorize or acquiesce in torture and other cruel, inhuman or degrading treatment orpunishment under any circumstances, including on grounds of national security or throughjudicial decisions;Callsupon States to ensure accountability for acts of torture and other cruel,10.inhuman or degrading treatment or punishment, and in this regard stresses that thecompetent domestic authority must promptly, effectively, independently and impartiallyinvestigate all allegations of such acts and wherever there is reasonable ground to believethat such acts have been committed and that those who encourage, order, tolerate orperpetrate such acts must be held responsible, brought to justice and punished in a mannercommensurate with the severity of the offence;11.UrgesStates to ensure that any person who has been subjected to torture orcruel, inhuman or degrading treatment or punishment has access to an effective remedy andthat victims will receive adequate, effective and prompt reparations, where appropriate;Emphasizesthe essential role of judges, prosecutors and lawyers in12.safeguarding the right not to be subjected to torture and other cruel, inhuman or degradingtreatment or punishment and that in this regard States should ensure the effectiveadministration of justice, particularly by:(a)Enabling the judiciary to exercise their judicial functions independently,impartially and professionally;(b)Taking effective measures to prevent and combat any unlawful interferenceof any kind, such as threats, harassment, intimidation and assaults on judges, prosecutorsand lawyers, as well as ensuring that any such interference is promptly, effectively,independently and impartially investigated with a view to bringing those responsible tojustice;(c)Taking effective measures for combating corruption in the administration ofjustice, establishing proper legal aid programmes and having judges, prosecutors andlawyers adequately and in sufficient numbers selected, trained and remunerated;Also emphasizesthe importance of international cooperation, including13.financial assistance, to assist states upon their request in their national efforts to strengthenadministration of justice;Urgesall States to consider establishing or to maintain and enhance14.independent and effective mechanisms with qualified legal and other relevant expertise toundertake effective monitoring visits to places of detention, inter alia with a view topreventing acts of torture or other cruel, inhuman or degrading treatment or punishment;Calls uponStates to ensure that education and information regarding the15.absolute prohibition of torture and other cruel, inhuman or degrading treatment orpunishment are fully included in the education and training of all judges, prosecutors andlawyers as well as law enforcement personnel;Invitesthe Special Rapporteur on torture and other cruel, inhuman or16.degrading treatment or punishment and other relevant Special Procedures within theirrespective mandates to take the present resolution into account in their future work;