interrelated, one key component of tackling this challenge is understanding what
aspects of criminal justice practices and systems incentivize the use of torture.
4.
The risk of torture and other ill-treatment exists in a wide variety of contexts, but is
heightened when suspects, accused persons and defendants are detained in the
context of criminal investigations and proceedings. Recognizing that this is one of
the principal contexts in which torture occurs,11 this paper will focus on incentives
for torture and other ill-treatment in criminal justice systems. The analysis of such
incentives in other contexts is beyond the scope of this publication.
5.
Gender is a key aspect of any examination of criminal justice systems. For instance, while women often come in contact with criminal justice systems as
victims of crimes, women are also increasingly represented among suspects, accused or among prison populations. Furthermore, experiences with the criminal
justice system not only differ between men and women, but also elderly persons,
persons belonging to minority populations, LGBTI persons, children in conflict with
the law and other groups. While recognizing the importance of analysing criminal
justice systems through a gender lens and acknowledging how existing incentives
for torture and other ill-treatment affect women and men, LGBTI persons, children,
the elderly, members of minorities and other groups differently, will warrant further
in-depth research and analysis. This paper is a first step in the identification of remaining incentives for torture and other ill-treatment in criminal justice systems and
the starting point for further research in the resulting gender aspects of its findings.
6.
In the field of torture prevention, significant attention has been paid to procedural
safeguards, including to their codification in law and their practical implementation,
and to the treatment of prisoners and conditions of detention. Given that most
instances of torture and other ill-treatment occur during the early stages of arrest
and custody,12 the effective implementation of procedural safeguards at these early
stages is a particularly important deterrent against such practices.13 More work
is required, however, to identify and mitigate the reasons underlying the ongoing
practices of torture and other ill-treatment, including with respect to incentives for
criminal justice actors (such as judges, prosecutors, police officers and defence
11
This is well-documented and evidenced by the definition of torture contained in the UN
Convention Against Torture regarding the use of torture to obtain information or a confession,
and the establishment of torture preventive mechanisms, including through the Optional Protocol
to the Convention Against Torture, which monitor—amongst other places of detention—places of
detention for those detained on criminal charges or convictions.
Association for the Prevention of Torture, “Preventing Torture in the OSCE Region through
Implementation of the UN Convention against Torture”, (2014).
Richard Carver & Lisa Handley(eds), Does Torture Prevention Work?, (Liverpool University Press
2016).)
12
13
10