A/HRC/58/49
V. Recommendations
83.
As noted above (see para. 70), it is deeply concerning that so few legal cases
related to these rights have been entertained by international bodies, given the evidence
of the number of violations observed under this mandate over the decades. The Special
Rapporteur therefore calls upon all actors concerned to step up their activities in this
area and do far more to adequately recognize and address violations, and develop
effective preventive measures to end impunity.
84.
The Special Rapporteur is grateful for the excellent receptivity of the relevant
treaty bodies, United Nations human rights mechanisms, regional human rights actors
and national authorities that have engaged generously in workshops that have enriched
the present report. She looks forward to continuing to lend support to their critical
work in this regard.
85.
In the light of the foregoing, the Special Rapporteur calls upon States:
(a)
To review their laws and legislation to ensure precision and scope,
according to international human rights norms, regarding freedom of religion or belief
and the prohibition of torture and ill-treatment;
(b)
To guarantee the absolute prohibition of coercion – upheld across both
these rights – including attempts to change people’s religion or belief or forcing them
to carry out religious or belief practices that go against their religion or belief;
(c)
To consider the physical and psychological impact of coercion on victims,
and recognize the severity of the pain inflicted;
(d)
To provide appropriate training and judicial exchanges to allow court
personnel to explore how cases relating to both the prohibition of torture and illtreatment and freedom of religion or belief can be prosecuted and remedied, and how
potential gaps in protection can be addressed;
(e)
To recognize, address and prevent aggravated forms of torture or illtreatment tailored to degrade people on the basis of their actual or perceived religion
or belief and practices;
(f)
To recognize the positive obligations of States in preventing violations of
the prohibition of torture and ill-treatment and freedom of religion or belief, and to
ensure that this is well understood across all relevant entities and by all State officials;
(g)
To guarantee that effective preventive measures are in place to ensure
non-repetition of violations, including the halting of incommunicado detention, and to
offer redress – which, as the Committee against Torture emphasizes, should be
understood comprehensively to include effective remedy and reparation, entailing
“restitution, compensation, rehabilitation, satisfaction and guarantees of nonrepetition”;112
(h)
To ensure that information is made readily available to persons inside
places of deprivation of liberty concerning their rights relating both to freedom of
religion or belief and to the prohibition of torture and ill-treatment, and regarding how
to report these to independent institutions for follow-up;
(i)
To follow the call in the Istanbul Protocol for awareness of religious
characteristics and contexts when working with victims of torture and ill-treatment,
mindful that ideological or religious commitment and official recognition of
responsibility can contribute to recovery;
(j)
To establish the above across the jurisdiction of the State, irrespective of
formal and informal legal systems, and federal or state-level differentiation;
112
16
General comment No. 3 (2012).
GE.24-24412