facilities and social care homes. Exclusively targeting groups or activities within the
criminal justice system may, therefore, lead to the neglect of other priority areas.
Another observation was that, as the OSCE is frequently already engaged in activities
on criminal justice reform, there is a natural complementarity in integrating antitorture aspects.
One of the reasons an integrated approach has been advocated by ODIHR as more
effective is that, as mentioned above, it might decrease the stigma a country may
attach to the acknowledgement of the existence of torture. Thus, the debate can be
steered away from a potentially confrontational discussion in which a state might
react by defending or denying bad practices, to focus instead on more practical
changes to the system that should have the “side effect” of decreasing torture or illtreatment.
Discussion can also be couched in terms to which legal professionals, who are
frequently the target group, can relate. For example, judges and prosecutors can be
trained in the importance of evaluating the probative value of the available evidence
in its entirety, while stressing the risks of relying on confessions alone. Likewise, if
confessions are not to be the main or sole form of evidence, police, prosecutors and
judges need to be trained in and given the resources for effective investigation
techniques – the use of forensic science in particular.
However, some respondents noted that the integration of anti-torture aspects into
criminal justice reform activities, while appropriate for some projects and some
activity areas, might not always be the best approach. It was, however, stressed by
respondents that any work on penal reform should include an anti-torture component.
An evaluation of the type of project, its target group and relations with relevant
national partners were highlighted as matters that need to be considered when
deciding if it is appropriate to include anti-torture elements in a particular activity.
Overall, activities were noticeably limited in countries where the government would
not acknowledge the existence of torture, and there also seemed to be a limited
presence or involvement on the part national or international organizations. It is worth
considering what further strategies can be used in such countries to encourage the
authorities to address this problem.
Perhaps not surprisingly, it seems that in countries where anti-torture work is
perceived as difficult, resources are often directed to activities where the most
progress is thought to be achievable. Many of the countries that are more difficult to
work in are also those with worse records of human rights abuses in general, and
torture in particular (as documented by international human rights organizations,
reports by treaty monitoring bodies, etc.). Therefore, it could be argued that they are
also deserving of greater attention.
In conclusion, it can be noted that while mainstreaming or integrating torture
prevention may often be effective for the reasons mentioned above, this approach
should not be taken as strict dogma. A tailored approach dealing with specific
“in-country” issues is likely to be the most effective.
26
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