Page 47 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS ISTANBUL PROTOCOL

informing States about treatment and conditions in and reparation. Comprehensive reparation refers to the
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violation of human rights; full scope of measures required to redress violations
under the Convention against Torture and includes
(g) Ensuring that materials regarding the prohibition of “restitution, compensation, rehabilitation, satisfaction
torture are included in the training of law enforcement and guarantees of non-repetition”; 29
personnel (civil and military), medical personnel,
public officials and other appropriate persons; (m) Ensuring that alleged offenders are subject to
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criminal proceedings if an investigation establishes that
(h) Ensuring that States parties keep under systematic an act of torture appears to have been committed and
review interrogation rules, methods and practices provides sufficient, admissible evidence of individual
regarding the custody and treatment of persons culpability. If allegations of acts involving torture
deprived of their liberty; 24 or ill-treatment are considered to be well founded,
offenders should be subject to administrative and
(i) Ensuring the inadmissibility of any evidence judicial penalties that take into account the grave
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obtained as the result of torture. Any statement that nature of their acts with no statutes of limitations.
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is established to have been made as a result of torture
shall not be invoked as evidence in any proceedings, (b) United Nations mechanisms
except against a person accused of torture as evidence
that the statement was made (this is known as the 11. The human rights mechanisms of the United
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“exclusionary rule”); Nations include treaty-based bodies, such
as the Committee against Torture, as well as
(j) Ensuring that the competent authorities conduct Charter-based bodies, such as the Human Rights
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prompt and impartial investigations and guarantee the Council and its special procedures.
right to make a complaint; 26
12. The Istanbul Protocol has been cited in a number
(k) Ensuring that impartial and effective complaints of decisions adopted by United Nations treaty
mechanisms are established, known and accessible bodies pursuant to individual communications,
to the public, including to persons deprived of their including the Committee against Torture and the
liberty, and to persons belonging to vulnerable Human Rights Committee, on issues of torture,
or marginalized groups or who have limited ill-treatment, non-refoulement, and arbitrary
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communication abilities. In addition to ensuring that arrest and detention, among others.
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complainants and witnesses are protected against acts
of retaliation or intimidation as a consequence of their (i) Treaty bodies
complaints or any evidence provided;
13. The United Nations human rights treaty bodies
(l) Ensuring that victims of torture have access to are committees of independent experts charged
redress and an enforceable right to fair and adequate with monitoring States parties’ implementation of
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compensation; redress must include effective remedy human rights treaties. Each treaty body is established

22 Optional Protocol to the Convention against Torture, arts. 2–4; and Nelson Mandela Rules, rules 83—85.
23 Convention against Torture, art. 10; Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment art. 5; Committee against Torture, general comment No. 4 (2017), para. 18 (f)–(g); and Nelson Mandela Rules, rule 76; See also Committee against Torture,
general comment No. 2 (2007), paras. 6 and 25.
24 Convention against Torture, art. 11.
25 Information extracted by torture is unreliable and prohibiting its use as evidence removes an important incentive for the use of torture. See Convention against Torture,
art. 15; and Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment art. 12. See also
A/61/259; and A/HRC/25/60.
26 Convention against Torture, art. 13; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principles 33–34; Declaration on the
Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment art. 9; and Nelson Mandela Rules, rule 71.
27 Committee against Torture, general comment No. 3 (2012), para. 23.
28 Convention against Torture, arts. 13–14; and Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, art. 11.
29 Committee against Torture, general comment No. 3 (2012), para. 2.
30 A/HRC/28/68/Add.4, para. 109 (a).
31 Committee against Torture, general comment No. 3 (2012), para. 40; CAT/C/LVA/CO/6, para. 9; and CAT/C/UZB/CO/5, paras. 25–26.
32 See www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx.
33 See, for example, Committee against Torture, Rakishev v. Kazakhstan (CAT/C/61/D/661/2015), para. 8.2; Asfari v. Morocco (CAT/C/59/D/606/2014), para. 15; and
Elaïba v. Tunisia (CAT/C/57/D/551/2013), para. 5.5.

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