PART B – International standards in the Istanbul Protocol • Be able to compel an internal police investigation unit to forward any and all complaints to it for review • Publish annual reports on the cases it has reviewed and recommendations made, together with how the matter was resolved • Establish relationships with (other) human rights groups who may provide critical expertise throughout their operation142 and should set up public outreach programmes to increase their profile • Provide practical training to official authorities on adhering to human rights standards and of best practices for investigating allegations of torture • Generally, advocate for increased powers of investigation and competence to receive individual complaints. Judges As a complaint of torture or ill-treatment may be made to a judge, judges should have the power to open an independent criminal investigation if they hear credible allegations of torture at any stage of criminal proceedings.143 Judges should open an investigation where there are reasonable grounds to believe torture has been committed, even if there has been no complaint, as a defendant may be reluctant to complain about their ill-treatment when they appear before a judge for fear of reprisals. Judges should implement the following measures: • If necessary, establish a simple procedure for individuals to complain directly to the court What action can be taken to challenge the effectiveness of an investigation on the grounds that it has not been opened promptly? • Ensure that the complaint is filed in writing and date stamped 33 • Use existing visiting powers to interview detainees and enable them to bring complaints directly • Utilise (and if necessary set up) a mechanism between judges and the appropriate investigatory body to commence a criminal investigation • If they are supervising an investigation, ensure that the relevant body is conducting the investigation in a manner consistent with international standards and the “best practice” suggested. 5. ACTION AT THE NATIONAL LEVEL TO IMPROVE THE EFFECTIVENESS OF INVESTIGATIONS Different types of investigative mechanisms have been established in numerous countries.144 However, the gap between the international standards on the obligation to investigate allegations of torture “effectively” and the reality in domestic law and practice is evident; and greater in some countries than others.145 To reduce this gap, lawyers should include international standards in both their advocacy efforts and their legal argumentation. It is important to find domestic legal provisions that reflect these international standards (if they exist) while always making reference to the State obligations under international law. • Write to the complaint body to request a formal reply to the allegation, and request to obtain a copy of their review procedures • Apply as soon as possible for judicial review on the effectiveness of the investigation (or take other

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