RESOLUTION ON GUIDELINES AND MEASURES FOR THE PROHIBITION AND PREVENTION OF TORTURE, CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN AFRICA 13. No one shall be punished for disobeying an order that they commit acts amounting to torture, cruel, inhuman or degrading treatment or punishment. 14. States should prohibit and prevent the use, production and trade of equipment or substances designed to inflict torture or ill-treatment and the abuse of any other equipment or substance to these ends. D. Non-Refoulement 15. States should ensure no one is expelled or extradited to a country where he or she is at risk of being subjected to torture. E. Combating Impunity 16. In order to combat impunity States should: F. a) Ensure that those responsible for acts of torture or ill-treatment are subject to legal process. b) Ensure that there is no immunity from prosecution for nationals suspected of torture, and that the scope of immunities for foreign nationals who are entitled to such immunities be as restrictive as is possible under international law. c) Ensure expeditious consideration of extradition requests to third states, in accordance with international standards. d) Ensure that rules of evidence properly reflect the difficulties of substantiating allegations of ill-treatment in custody. e) Ensure that where criminal charges cannot be sustained because of the high standard of proof required, other forms of civil, disciplinary or administrative action are taken if it is appropriate to do so. Complaints and Investigation Procedures 17. Ensure the establishment of readily accessible and fully independent mechanisms to which all persons can bring their allegations of torture and ill-treatment. THE ROBBEN ISLAND GUIDELINES 07

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