To foresee, see and remedy: state responsibilities for investigating torture
• Administrative action must include monitoring those
who guard inmates and detainees, and providing training and support for their functions. Such action must also
include periodic implementation of training programmes
to judicial, prosecutorial, policing and penitentiary personnel (including medical practitioners, psychiatrists
and psychologists, and personnel of forensic entities).
Appropriate training in this context includes norms
of human rights protection, rights of detainees and
judicial guarantees to ensure these rights, minimum
standards of treatment and state duties. Participation in
the design, implementation and evaluation of these programmes is one of the most relevant opportunities for
state institutions to collaborate with civil society and has
in some instances been ordered by judicial institutions.
Further administrative action includes the development of protocols of detection of torture, and state
policies towards detection in medical practices, health
centres or hospitals, even those that do not pertain to
police, penitentiary or military facilities.
The best protective measure is an efficient and effective investigation resulting from the design, installation and implementation of mechanisms which ensure that when torture occurs,
it will be denounced, documented and brought to the attention of the competent authorities. Work in this respect is interdisciplinary in nature, and it necessarily includes combining
the expertise of medical practitioners in documenting torture
from an objective basis, and the legal profession’s expertise in
utilising medical documentation in criminal proceedings.
Certain obligations of the state in relation to justice could
be described as follows:
• Ensuring the means: a basic requirement is that the state
ensures that a judge is always informed of the detention
of an individual. Justice institutions must be enabled to
carry out their investigations and prosecution free from
pressure. Further, the absence of specific, simple and
accessible means of denunciation of torture is one of
the main practical obstacles to its documentation and
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