Promising practice
100. One of the most important factors in ensuring that torture is effectively investigated
and prosecuted is that victims actually report allegations of torture to the relevant
investigating authorities.227 As previously outlined, independent access to prisons
for CSOs, defence lawyers and monitoring bodies is a key way by which detainees
are informed of their rights and provided the opportunity to report torture or other
ill-treatment. In a promising example from Central Asia for instance, CSOs are given
independent access to prisons, which allows them to make regular visits, provide
information to detainees on their rights and provide writing materials with which to
make complaints.228 In many OSCE participating States, CSOs are part of the national preventive mechanism or working closely with national monitoring bodies.229
101. In a Western European OSCE participating State, prison authorities are under
the obligation to inform detainees of the possibility to be put in touch with Victim
Support Services. If the detainee agrees, prison authorities have to inform Victim
Support Services by phone and in writing.230
102. In addition to facilitating the reporting of torture by detainees, some countries also
incentivize public officials to report cases where they suspect torture or other ill-treatment has been used. In one South-Eastern OSCE participating State surveyed, public
officials can be prosecuted for not reporting any crime that carries a penalty of 5 years
imprisonment or more if they had reason to suspect that such a crime had occurred.231
103. One study found that legal frameworks prohibiting torture in broad terms do not
necessarily have a significant relationship to the actual incidences of torture in a
country, the prime exception was laws requiring the investigation of allegations of
torture by an independent body.232
104. Many public departments that exert control over detainees have administrative
complaints bodies or inspectorates that can investigate and sanction any unlawful
conduct. These bodies sometimes operate in conjunction with the penal process,
227 Richard Carver & Lisa Handley (eds), op. cit., note 13, p. 84.
228 ODIHR and Fair Trials roundtable meeting on incentives for torture, (December 2019).
229 For further information about countries which use a Ombuds Plus Institution as their NPM type
see: https://www.apt.ch/en/knowledge-hub/opcat/list-designated-npm-regions-countries.
230 Fair Trials, op. cit., note 4, p. 26 regarding Austria.
231 ODIHR and Fair Trials roundtable meeting on incentives for torture, (December 2019) regarding
Serbia.
232 Richard Carver & Lisa Handley (eds), op. cit., note 13, p.83 referring to Hungary, Norway and the
United Kingdom.
61
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