PART B – International standards in the Istanbul Protocol
15
Lawyers can also be involved in more general lobbying activates to promote the implementation of measures to prevent and
punish torture. Specific legislative initiatives that lawyers may become involved with
include:
• Campaigns to ratify the UN Convention against Torture and its
Optional Protocol as well as regional human rights instruments
prohibiting torture
• Identifying shortcomings in national law and practice with a
view to bringing the national system in line with relevant international standards
• Proposals for national legislation to implement the provisions
of the UN Convention against
Torture as comprehensively as
possible including: making torture a specific criminal offence
in line with Article 1; ensuring
that statements made as a result of torture are not invoked
as evidence in any proceedings,
except against a person accused
of torture as evidence that the
statement was made; and guaranteeing effective remedies and
adequate reparation specifically
for torture victims
• Specific provisions under national legislation to guarantee that
the crime of torture is prosecuted
ex officio (i.e. without a victim
having to lodge a complaint)
• Proposals to legislate mandatory
medical examinations for detainees upon entry into detention
centres
• Administrative legislation forcing authorities in detention centres to keep permanent records of
persons detained and as well as
medical records of all detainees
(including medical diagnosis)
• Revoking legislation that contravenes any provision of the
UN Convention against Torture
or that generally facilitates torture and ill treatment in certain
circumstances (such as “security
legislation”) as well as any legislation that exempts perpetrators
from punishment (such as amnesties or immunities)
• Amendments to the Rules of
Court, Procedural Codes and/or
other relevant evidentiary principles to shift the burden of proof
to the relevant custodial authority when it is reasonably alleged
that torture took place during
detention (i.e. the individual is
sent to emergency hospitalisation during detention).
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