8 A practical guide to the Istanbul Protocol – for lawyers PART A AN OVERVIEW OF THE ISTANBUL PROTOCOL I. THE IMPORTANCE OF LEGAL PROFESSIONALS IN THE DOCUMENTATION AND INVESTIGATION OF TORTURE The Istanbul Protocol states that lawyers have a duty in carrying out their professional functions to promote and protect human rights standards and to act diligently in accordance with law and recognised standards and ethics of the legal profession. Other human rights instruments, such as the “UN Basic Principles on the Role of Lawyers”,11 set out the duty of lawyers to assist clients “in every appropriate way” and to take legal action to protect their interests. International standards to investigate torture are primarily formulated as obligations of States, as reflected in Chapter III of the Istanbul Protocol. However, lawyers play a crucial and active role in the documentation and investigation of torture, in particular by: i. Documenting torture for use in legal or other proceedings, including future proceedings where national mechanisms at the time are unavailable or ineffective ii. Collecting evidence of torture that may prompt authorities to open or reopen an investigation iii. Providing evidence of torture that supports ongoing investigations or prosecutions at the national or international level iv. Recording the failure to investigate in spite of the availability of evidence or the shortcomings of any investigations undertaken with a view to prompting further investigations, including by taking cases to regional or international human rights bodies v. Collecting evidence to support reparation claims brought at the national or international level before judicial or administrative bodies.