The following is a non-exhaustive list of measures to assist in the prevention of torture. These are derived both from OSCE experience and principles established by NGOs, international bodies and experts in the field. Torture Prevention – A checklist                   States should sign, ratify, accede to and effectively implement the main international instruments (e.g. ICCPR, UNCAT, ECPT, OPCAT, the Geneva Conventions and the Rome Statute) States should implement the recommendations of relevant regional and international bodies, such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the UN’s Committee against Torture, Subcommittee for the Prevention of Torture and Special Rapporteur on Torture States should accept the right to make individual and inter-state complaints regarding torture under relevant international instruments Detainees should be given prompt access to counsel of their choice (not later than 48 hours from the moment of detention – UN Basic Principles on the Role of Lawyers) A relative of the detainee or third party should be promptly informed of the person’s arrest and place of detention The detainee should be informed promptly of the reason for the arrest and any charges Records are to be kept of the time and place of arrest, identification of arresting persons and state of health of the detainee Video/audio records are to be kept of interrogations, including who was present, length of questioning, etc. Detainees should have the right to be brought before a judge within 48 hours and challenge their detention (habeas corpus) Accessible, speedy and independent mechanisms – both external and internal – for the investigation of complaints of torture should be put in place Independent investigations should take place into all deaths occurring in custody The offence of torture should be criminalized in national law and defined in conformity with the definition in international law Adequate penalties should be established and imposed for those found guilty of torture Amnesty laws should not apply to offences of torture The use of evidence obtained via torture should be prohibited An NPM should be created in accordance with the OPCAT criteria. Where OPCAT has not been ratified, other independent national bodies for monitoring places of deprivation of liberty should be created and supported Sufficient financing should be provided to allow for humane conditions of detention, in particular to minimize overcrowding of places of deprivation of liberty The UN Standard Minimum Rules for the Treatment of Prisoners should be referred to as guidelines with regard to ensuring humane conditions of detention 27

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