1. Introduction
Torture is today prohibited under international law and the domestic laws of most
states. The war crimes and crimes against humanity committed during World War II
led to a sweeping international rejection of most, if not all, aspects of torture, and a
number of international treaties have since been adopted to prevent its use. The
development of domestic and international jurisprudence over the same period has
also resulted in the strengthening of protection against torture. The monitoring by a
number of international bodies of conditions of detention and the ability to take
individual complaints to relevant international committees help provide this
protection. There is also detailed ongoing scrutiny of national practices via reporting,
recommendations and follow-up action as required under various international
treaties. Finally, factors in the field of domestic protections, awareness raising,
political demarches and training have been identified that should help to reduce the
practice of torture.
Nevertheless, torture continues to be a persistent practice worldwide.
ODIHR hosts the anti-torture focal point of the OSCE. In its capacity as the
Organization’s oversight body for monitoring the implementation of OSCE
commitments in the human dimension, ODIHR follows developments in the arena of
torture prevention across all OSCE participating States and assists OSCE field
operations in carrying out their activities related to torture prevention. Since the
beginning of 2008, ODIHR has focused its work on the implementation of OPCAT.
This publication relates to all of these ODIHR tasks.
1.1 Methodology
A questionnaire (see Annex I) was sent to all field operations in October 2007 1 to
collect OSCE institutional experience on activities to combat torture and ill-treatment.
The questionnaire focused on four issues:
existing OSCE field activities aimed at combating torture;
systemic obstacles to the prevention of torture in the criminal justice system and
elsewhere;
implementation of international standards at the national level; and
co-ordination and co-operation among organizations, governments and other
bodies working on torture prevention.
The questionnaire sought input from the field as to how torture and ill-treatment could
most effectively be tackled at the grass roots level and, in particular, what difficulties
have been encountered in the course of their activities and how these might be
resolved.
1
This publication considers the anti-torture work of the OSCE field operations from the time of their
establishment through May 2009.
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