Page 48 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ISTANBUL PROTOCOL I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS

by and acts in accordance with the mandate of unlawfully obtained confessions and other tainted
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defined within the specific treaty it monitors. evidence.” The Committee has also confirmed
that it is up to the State concerned to “ascertain
a. Committee against Torture whether or not statements admitted as evidence
in any proceedings for which it has jurisdiction ...
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14. The Committee against Torture monitors have been made as a result of torture” and clear
implementation by States parties of the Convention instructions must be given to the courts to enable
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against Torture. The Committee’s main functions them to rule that the statement is inadmissible.
include: examination of periodic reports;
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consideration of individual complaints and inter-State b. Subcommittee on Prevention of Torture
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communications; inquiry procedure; and the and Other Cruel, Inhuman or Degrading
adoption of general comments, which all provide Treatment or Punishment
important interpretation of the provisions of the
Convention against Torture and establish extensive 17. The Subcommittee on Prevention of Torture and
jurisprudence on torture and ill-treatment. Other Cruel, Inhuman or Degrading Treatment
or Punishment is a treaty body established under
15. Among the concerns addressed by the Committee the framework of the Optional Protocol to the
against Torture in its concluding observations and Convention against Torture and Other Cruel,
decisions on individual complaints is the necessity Inhuman or Degrading Treatment or Punishment.
of States parties to comply with articles 12 and 13 The objective of the Optional Protocol is to prevent
of the Convention against Torture to ensure that torture and ill-treatment by way of regular visits by
prompt and impartial investigations of all allegations independent international and national bodies to all
of torture are carried out. The Committee has noted places in which persons are or may be deprived of
that article 13 does not require a formal submission their liberty, including police stations, prisons, pretrial
of a complaint of torture, but that: “It is sufficient for detention centres, immigration detention centres,
torture only to have been alleged by the victim for [a juvenile justice establishments, military facilities,
State party] to be under an obligation promptly and and mental health and social care institutions.
impartially to examine the allegation.” Indeed, even
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without a complaint, the State is obliged to investigate 18. The nature of the Subcommittee’s mandate allows it
ex officio if there are reasonable indications that to make unannounced visits, have unrestricted access
an act of torture has taken place. The Committee’s to all places of detention and be granted full access to
jurisprudence also emphasizes that under articles 12 all documentation, including medical documentation.
and 13 of the Convention, investigations into The Subcommittee has the ability to access places
torture should include a medical examination that that are otherwise off-limits, even to medical staff.
complies with the Istanbul Protocol; examine
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the possible complicity of medical personnel; 19. During visits, delegations should include medically
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bring to justice those responsible for the torture; qualified members that can – and do, with consent –
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and provide redress and reparation to victims. carry out physical examinations of individuals
alleged to have been subjected to torture or other
16. Commenting on the exclusionary rule, the Committee ill-treatment. Members of the Subcommittee
has stated that: “One of the essential means in must also be granted unrestricted access to
preventing torture is the existence, in procedural places of detention and full access to interviews
legislation, of detailed provisions on the inadmissibility

34 Convention against Torture, art. 19.
35 Ibid., arts. 21–22.
36 Ibid., art. 20.
37 A/50/44; and Committee against Torture, Parot v. Spain, communication No. 6/1990, para. 10.4.
38 Committee against Torture, Elaïba v. Tunisia (CAT/C/57/D/551/2013), para. 7.10.
39 Committee against Torture, Rakishev v. Kazakhstan (CAT/C/61/D/661/2015), para. 10.
40 Committee against Torture, E.N. v. Burundi (CAT/C/56/D/578/2013), paras. 7.7–9.
41 A/54/44, para. 45.
42 Committee against Torture, G.K. v. Switzerland (CAT/C/30/D/219/2002), para. 6.10.
43 CAT/C/RUS/CO/4, para. 21. The Human Rights Committee has further stated that the exclusionary rule applies at all times, including during times of emergency. See also
Human Rights Committee, general comment No. 32 (2007), para. 6.

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