6
A practical guide to the Istanbul Protocol – for lawyers
may wake early, sometimes shouting or with
nightmares. They may have difficulties with
memory and concentration, experience irritability, persistent feelings of fear and
anxiety, depression, and/or an inability to
enjoy any aspect of life. Sometimes these
symptoms meet the diagnostic criteria for
post-traumatic stress disorder (PTSD) and/or
major depression. Physical and psychological scars can last a lifetime. To someone who
has no experience of torture, these symptoms might appear excessive or illogical, but
they can be a normal response to trauma.
The word “torture” will, to most people,
invoke images of some of the most horrific
forms of physical and psychological suffering – the pulling out of fingernails, electric shocks, mock executions, being forced
to watch the torture of parents or children,
rape. The variety and severity of the methods of torture and cruel, inhuman or degrading treatment or punishment may simply
defy belief. But there is no exhaustive list of
7
acts that constitute torture; torturers continue to invent new ways to brutalise individuals. And there is no limit on who can be
victimised – survivors of torture come from
all walks of life, and from most countries
around the world. Even children may be victims.8 But most frequently, torture survivors
are criminal suspects, or victims of discrimination on the grounds of race, ethnicity, religion, gender or sexual identity.9
As noted in the Istanbul Protocol, “torture is
a profound concern for the world community. Its purpose is to deliberately destroy not
only the physical and emotional well-being
of individuals, but the dignity and will of
entire communities. It concerns all members
of the human family because it impugns the
very meaning of our existence and our hopes
for a brighter future.”
In other words, torture is abhorrent not only
for what it does to the tortured but for what
it makes of the torturer and the system that
condones it. The Istanbul Protocol explains:
“Perpetrators often attempt to justify their
acts of torture and ill-treatment by the need
to gather information. Such conceptualizations obscure the purpose of torture and its
intended consequences[…]. By dehumanizing and breaking the will of their victims,
torturers set horrific examples for those who
later come in contact with the victim. In this
way, torture can break or damage the will
and coherence of entire communities[…].”
For this reason, torture is absolutely prohibited by every relevant human rights instrument since the Universal Declaration of
Human Rights of 1948. The violation of this
prohibition is considered so serious that no
legal justification may ever be found, even
in times of emergency or armed conflict.
The prohibition of torture is absolute, even
in the context of policies and measures to
counter terrorism. Courts and human rights
bodies around the world have strongly affirmed the absolute prohibition against torture in all cases without exception.10
Despite the absolute prohibition of torture
under international law, a glance at any of
the reports of the United Nations Special
Rapporteur on Torture, or of recent reports
of the International Committee of the Red
Cross (ICRC), or indeed many newspapers,
makes it quite clear that torture is still commonplace in many countries around the
world. This imbalance between the absolute prohibition on the one hand and the
frequent practice of torture underscores the
need to improve domestic implementation
of international standards against torture
and to improve the effectiveness of domestic
remedies for torture survivors.
The Istanbul Protocol is an important instrument in the fight against torture – the effective investigation and documentation of torture helps to expose the problem of torture
and to bring those responsible to account.
The Principles contained in the Protocol
reflect important international standards