12 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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