PART B – International standards in the Istanbul Protocol
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PART B
INTERNATIONAL STANDARDS IN THE ISTANBUL PROTOCOL
Part B of this guide describes the general
measures that States are obliged to take to
forestall torture and other forms of ill treatment and explains how lawyers can advocate for the implementation of such measures through general advocacy work and
also in the context of individual cases. This
section will address the following international standards:
i. General measures to prevent torture
ii. Specific safeguards in places of detention
iii. Investigating allegations of torture effectively
iv. Prosecution of alleged perpetrators and
punishment of those responsible, and
v. Guaranteeing effective remedies and
adequate forms of reparation for the victims.
I. GENERAL MEASURES TO PREVENT TORTURE
Taking measures to prevent torture is the
first obligation to ensure protection from
torture as outlined in the Istanbul Protocol.
The positive obligation on governments to
prevent torture is specifically enshrined in
the United Nations Convention against Torture as well as the Inter-American Conven18
tion to Prevent and Punish Torture.
Studies reveal that the inadequacy of national laws to prohibit torture, the discrepancy
between laws and what happens in reality
and the lack of legal safeguards in places of
detention all contribute to the persistence
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and prevalence of torture. If broad preventative measures are in place at the national
level to address basic legislative, administrative and institutional deficiencies, lawyers will have more scope to address more
specific weaknesses, such as procedural irregularities in the investigations process.
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