- of individual measures to put an end to the violations and erase their consequences so as to achieve
as far as possible restitutio in integrum; and
- of general measures preventing similar violations.
In practice, this often means that the applicant is awarded just satisfaction in respect of non-pecuniary
and pecuniary damage, the re-opening of the criminal proceedings, as well as the wide dissemination
of the relevant judgments of the European Court (see also below the contribution of Nikolaos
Sitaropoulos “Unfair trial due to torture-tainted evidence - European Court of Human Rights’
judgments and their execution”).
Ensure that exclusionary rules are embedded in a broader system of torture prevention guarantees
Strong exclusionary rules alone will not solve the problem of torture and ill-treatment, but they can be
powerful tools in the fight against torture and ill-treatment, especially if embedded in a broader system
of torture prevention guarantees. Thus, it is important that discussions on the exclusionary rules are
not conducted in isolation but are always considered as part of a more comprehensive torture
prevention system.
In particular, it is crucial to strengthen at least the following safeguards from the very early stages of
detention:
Access to a lawyer and legal aid
Access to information
Access to a medical doctor
Notification of the detention to a third party
Audio-visual recording during interviews
As maintained by all anti-torture bodies and especially the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment (CPT), these fundamental safeguards
play a crucial role in preventing potential abuse during the early stages of custody, counting among
the most effective safeguards to prevent torture.25
Moreover, it is equally necessary to achieve a shift in police culture and overcome those criminal
justice systems still based on coercive investigation and confessions. In this sense, States parties should
adopt effective information gathering techniques according to the Principles on Effective Interviewing
for Investigations and Information Gathering (see also below the contribution of Juan E. Méndez*
“Torture-tainted evidence and the exclusionary rule”)26
25 Richard Carver and Lisa
Handley (eds), ‘Does Torture Prevention Work?‘ (Liverpool University Press 2016) p 633; CPT, ‘12th
General Report‘, CPT/Inf (2002) 15, § 44; SPT, ‘Country Report: Romania‘ (2018) CAT/OP/ROU/1, § 29.
26 Principles on Effective Interviewing for Investigations and Information Gathering (2021), New Principles on Effective
Interviewing for Investigations and Information Gathering | Association for the Prevention of Torture (apt.ch); CPT on
investigative interviewing and a necessary paradigm in police culture (2018), 28th General Report of the European Committee
for the Prevention of Torture and Inhumane and Degrading Treatment or Punishment, p. 32 ff.
12