PART A – An overview of the Istanbul Protocol 11 III. INTERNATIONAL STANDARDS IN THE ISTANBUL PROTOCOL The Istanbul Protocol outlines international legal standards on protection against torture and sets out specific guidelines on how effective investigations into allegations of torture should be conducted. It is not binding in itself though States are encouraged to use it.14 The Istanbul Protocol is an important source as it both reflects existing obligations of States under international treaty and customary international law and aids States to effectively implement relevant standards. These guidelines (the Istanbul Principles) have been recognised by human rights bodies as a point of reference for measuring the effectiveness of investigations. For example, the Inter-American Commission of Human Rights cited the Istanbul Principles as the minimum requirements for medical reports prepared by medical professionals when investigating cases of alleged torture.15 Similarly, a resolution of the African Commission on Human and Peoples’ Rights affirmed that investigations into allegations of torture should be conducted promptly, impartially and effectively, guided by the Istanbul Protocol.16 The Istanbul Protocol identifies the following obligations on governments to ensure protection against torture as recognised in international treaties and customary international law:17 1. PREVENTION i. To take effective legislative, administrative, judicial or other measures to prevent acts of torture, for example, by: –– Establishing effective monitoring mechanisms to prevent torture in all places of detention –– Ensuring that any statement that is es- tablished to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made –– Ensuring that the prohibition of torture is included in training of law enforcement and medical personnel, public and other relevant officials –– Not expelling, returning, extraditing or otherwise transferring a person to a country when there are substantial grounds for believing that the person would be tortured (non-refoulement). ii. To ensure that general safeguards against torture exist in places of detentions such as: –– Granting detainees prompt and unrestricted access to a lawyer and a doctor of their choice –– Informing family members or friends about the person’s detention –– Providing detainees access to family members and friends –– Not holding persons in incommunicado detention –– Enabling detainees to promptly challenge the legality of their detention before a judge. 2. ACCOUNTABILITY i. To effectively investigate allegations of torture by: –– Putting into place an effective complaints procedure, including by providing adequate victim and witness protection –– Ensuring that the relevant authorities undertake a prompt and impartial in-