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confidence to officials to perform their duties under the Decree effectively

and do no prejudice the right of a victim to claim compensation from the

State under the law on liability for wrongful acts of officials. However, such

provisions may result in officials performing their duties with over

confidence and recklessness that could impact on the rights and freedoms

of people. The NHRCT is of the view that the provisions of Section 17 refer

to a common principle of law which protects an official from a legal

liability if he performs the duties in good faith, without discrimination,

reasonably for a given situation or as dictated by necessity. Such principle

has always been strictly upheld by the Court in its judgments. The

provisions of Section 17 are thus unnecessary and may create a negative

attitude towards the performance of duties of officials under the Decree

even though such performance is for the common interest and necessity

of the situation.

24. Recommendation: The Government should repeal Section 17 of the

Decree on Public Administration in an Emergency Situation because

without such provisions, an official who performs his duties under this

Decree in good faith, without discrimination, reasonably for a given

situation or as dictated by necessity, is already protected by the common

principle of law. The repeal of Section 17 should help an official to

perform his duties in a more careful and effective way and in accordance

with the purpose of the Decree. Moreover, the public should have a more

positive attitude towards the performance of duties of officials under the

Decree.

Other Complaints on Torture Cases