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A practical guide to the Istanbul Protocol – for lawyers
vestigation whenever there are reasonable grounds to believe that torture
has been committed
–– Guaranteeing that all allegations of
torture are effectively investigated.
ii. To ensure that alleged perpetrators are
subject to criminal proceedings by:
–– Criminalising acts of torture, including complicity or participation, and
excluding the defences of necessity or
superior orders
–– Ensuring that the alleged perpetrators
are subject to criminal proceedings if
an investigation establishes that an act
of torture appears to have been committed
–– Imposing punishments that reflect the
seriousness of the crime
–– Enshrining the principle of universal
jurisdiction, enabling the investigation and prosecution of torturers irrespective of the place where the torture
was committed and the nationality of
either the victim or the perpetrator,
and
–– Making torture an extraditable offence
and providing assistance to other national governments seeking to investigate and/or prosecute persons accused
of torture.
3. REPARATION
i. To ensure that victims of torture have the
right to an effective remedy and adequate
reparation by:
–– Ensuring that victims of torture have
effective procedural remedies, both judicial and non-judicial, to protect their
right to be free from torture in law and
practice
–– Guaranteeing that domestic law reflects the different forms of reparation
recognised under international law
and that the reparations afforded reflect the gravity of the violation(s).
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