The lack of awareness of the need for special measures to protect vulnerable
groups, such as women, children, migrants and minorities
Problems relating to legislation and the functioning of the legal system
The non-existence of, or failure to implement, legislative fair-trial safeguards,
such as access to lawyers and doctors, limits on pre-trial detention periods and
related guarantees
The absence of torture as an offence in national criminal legislation or its inclusion
under a definition not in conformity with international law and/or subject to
inadequate penalties
Pressure to resolve criminal cases and the basing of promotions and/or
performance evaluations for prosecutors and police officers on conviction rates
and/or percentage of cases solved
A lack of training and/or access to evidence-collection techniques, resulting in an
excessive reliance on confessions as the main source of evidence
The absence of interrogation procedures that tend to safeguard against torture
The absence of accessible and independent internal mechanisms for investigating
allegations of torture
The failure to investigate allegations of torture promptly and impartially
The failure to punish adequately – or at all – those guilty of the criminal offence
of torture
Immunity for certain officials from prosecution for torture
A lack of alternative sentencing possibilities
3.2 Lessons learned: OSCE experience
Among the positive factors identified by field operations in preventing torture were
the following: the creation of NPMs with the power to make regular visits to places of
deprivation of liberty and to make recommendations to the authorities; a reduction of
overcrowding at places of deprivation of liberty; effective training for justice branch
employees; improving access to independent and well-trained defence lawyers at an
early stage of the proceedings; and the use of a telephone hotline advice network for
reporting allegations of torture.
Detention monitoring was widely reported to be a key way to encourage authorities to
acknowledge the existence and extent of torture and encourage governments to work
with civil society. Once monitoring is accepted in principle, more concrete evidence
of any existing torture and ill-treatment can be obtained. It also seems that publicizing
evidence of these practices can have an effect on behaviour. The field operation in
Albania, for example, mentioned that the practice of ill-treatment or beating people in
public by police seems to have decreased. Although this may only be a first step, it
highlights the importance of exposing torture and ill-treatment to public view and
ensuring it is not allowed to thrive un-scrutinized in places of deprivation of liberty.
Where states have denied the existence of such practices, OSCE field operations have
looked for alternative methods of verifying the presence and extent of these
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