Summary
The aim of this study is to review the work of the Organization for Security and Cooperation in Europe (OSCE) in the area of torture prevention, with a particular focus
on concrete achievements in countries where the OSCE maintains field operations.
Based on this experience, the study identifies lessons learned and best practices
developed in order to maximize the impact of current and future OSCE activities in
this field. This publication also seeks to inform OSCE personnel and others working
in the area of torture prevention about applicable standards and the latest
developments in this field, with particular regard to the implementation of the
Optional Protocol to the United Nations Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT). Finally, the study
considers what can be done to increase the impact of torture-prevention strategies in
particular contexts.
The findings of this study are fundamentally important and underline the need for
progress across the board in democratization as a prerequisite to a sustainable and
effective anti-torture strategy. However, even in well-developed democracies, the
temptation to weaken protection against torture has been shown to be strong where
there are threats to national security.
One of the most significant results of the survey was that most OSCE field operations
continue to be extensively engaged in torture-prevention activities. Interestingly, an
overview of other OSCE reports, such as annual reports, did not initially reveal this
level of engagement.
The analysis of the experience of OSCE field operations in combating torture
demonstrated that certain strategies tended to be more successful. In general, a
comprehensive approach to torture-prevention work was shown to be the most
effective. Such an approach incorporates the implementation of international
instruments at the national level, the training of various law enforcement and other
relevant actors, the direct monitoring of all places of deprivation of liberty, lobbying
for ratification of instruments and assisting in legislative reform.
On the other hand, in countries with governments that are not prepared even to
acknowledge the existence of the phenomenon of torture, such an approach would be
unrealistic and unlikely to achieve much progress. In such circumstances, there is
often also a paucity of effective NGOs with appropriate expertise or international
organizations present on the ground. This is also frequently accompanied by the lack
of a strong legal framework, both at the national and international level, and a lack of
democratic legal institutions with a human rights-based approach to law enforcement.
In the face of such obstacles, a different strategy is clearly necessary and well worth
the effort. It is often true that such countries are among those with more acute
problems regarding torture, and are thus deserving of more, rather than less, attention
despite the inherent difficulties.
OPCAT is coming into its own as an innovative tool for torture prevention. The early
ratification by all OSCE countries of this instrument will send a strong message in
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