12. It is important for the discouragement of violations under article 7 that
the law must prohibit the use of a&missibility in judicial proceedings of
statements or confessions obtained through torture or other prohibited
treatment.
13. States parties should indicate when presenting their reports the
provisions of their criminal law which penalize torture and cruel/ inhuman and
degrading treatment or punishment, specifying the penalties applicable to such
acts, whether committed by public officials or other persons acting on behalf
of the State, or by private persons. Those who violate article 7, whether by
encouraging, ordering, tolerating or perpetrating prohibited acts, must be
held responsible. Consequently, those who have refused to obey orders must
not be punished or subjected to any adverse treatment.
14. Article 7 should be read in conjunction with article 2, paragraph 3, of
the Covenant. In their reports. States parties should indicate how their
legal system effectively guarantees the immediate termination of all the acts
prohibited by article 7 as well as appropriate redress. The right to lodge
complaints against maltreatment prohibited by article 7 must be recognized in
the domestic law. Complaints must be investigated promptly and impartially by
competent authorities so as to make the remedy effective. The reports of
States parties should provide specific information on the remedies available
to victims of maltreatment and the procedures that complainants must follow,
and statistics on the number of complaints and how they have been dealt with.
15. The Committee has noted that some States have granted amnesty in respect
of acts of torture. Amnesties are generally incompatible with the duty of
States to investigate such acts; to guarantee freedom from such acts within
their jurisdiction; and to ensure that they do not occur in the future.
States may not deprive individuals of the right to an effective remedy,
including compensation and such full rehabilitation as may be possible.
B,
(general comment No. 21 (44) fart. 10) <J/, e_/
1.
This general comment replaces general comment Ho. 9 (16) reflecting and
further developing it.
2.
Article 10, paragraph 1, of the International Covenant on Civil and
Political Eights applies to anyone deprived of liberty under the laws and
authority of the State who is held in prisons, hospitals - particularly
psychiatric hospitals - detention camps or correctional institutions or
elsewhere. States parties should ensure that the principle stipulated therein
is observed in all institutions and establishments within their jurisdiction
where persons are being held.
3.
Article 10, paragraph 1, imposes on States parties a positive obligation
towards persons who are particularly vulnerable because of their status as
persons deprived of liberty, and complements for them the ban on torture or
other cruel, inhuman or degrading treatment or punishment contained in
article 7 of the Covenant. Thus, not only may persons deprived of their
liberty not be subjected to treatment that is contrary to article 7, including
medical or scientific experimentation, but neither may they be subjected to
any hardship or constraint other than that resulting from the deprivation of
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