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compare and take steps to remedy discriminatory treatment that may otherwise go unnoticed and
unaddressed. States parties are requested to describe, as far as possible, factors affecting the
incidence and prevention of torture or ill-treatment, as well as the difficulties experienced in
preventing torture or ill-treatment against specific relevant sectors of the population, such as
minorities, victims of torture, children and women, taking into account the general and particular
forms that such torture and ill-treatment may take.
24.
Eliminating employment discrimination and conducting ongoing sensitization training in
contexts where torture or ill-treatment is likely to be committed is also key to preventing such
violations and building a culture of respect for women and minorities. States are encouraged to
promote the hiring of persons belonging to minority groups and women, particularly in the medical,
educational, prison/detention, law enforcement, judicial and legal fields, within State institutions as
well as the private sector. States parties should include in their reports information on their progress
in these matters, disaggregated by gender, race, national origin, and other relevant status.
VI.
Other preventive measures required by the Convention
25.
Articles 3 to 15 of the Convention constitute specific preventive measures that the States
parties deemed essential to prevent torture and ill-treatment, particularly in custody or detention.
The Committee emphasizes that the obligation to take effective preventive measures transcends the
items enumerated specifically in the Convention or the demands of this general comment. For
example, it is important that the general population be educated on the history, scope, and necessity
of the non-derogable prohibition of torture and ill-treatment, as well as that law enforcement and
other personnel receive education on recognizing and preventing torture and ill-treatment.
Similarly, in light of its long experience in reviewing and assessing State reports on officially
inflicted or sanctioned torture or ill-treatment, the Committee acknowledges the importance of
adapting the concept of monitoring conditions to prevent torture and ill-treatment to situations where
violence is inflicted privately. States parties should specifically include in their reports to the
Committee detailed information on their implementation of preventive measures, disaggregated by
relevant status.
VII.
Superior orders
26.
The non-derogability of the prohibition of torture is underscored by the long-standing
principle embodied in article 2, paragraph 3, that an order of a superior or public authority can never
be invoked as a justification of torture Thus, subordinates may not seek refuge in superior authority
and should be held to account individually. At the same time, those exercising superior authority including public officials - cannot avoid accountability or escape criminal responsibility for torture
or ill-treatment committed by subordinates where they knew or should have known that such
impermissible conduct was occurring, or was likely to occur, and they failed to take reasonable and
necessary preventive measures. The Committee considers it essential that the responsibility of any
superior officials, whether for direct instigation or encouragement of torture or ill-treatment or for
consent or acquiescence therein, be fully investigated through competent, independent and impartial
prosecutorial and judicial authorities. Persons who resist what they view as unlawful orders or who
cooperate in the investigation of torture or ill-treatment, including by superior officials, should be
protected against retaliation of any kind.