Promising practice 100. One of the most important factors in ensuring that torture is effectively investigated and prosecuted is that victims actually report allegations of torture to the relevant investigating authorities.227 As previously outlined, independent access to prisons for CSOs, defence lawyers and monitoring bodies is a key way by which detainees are informed of their rights and provided the opportunity to report torture or other ill-treatment. In a promising example from Central Asia for instance, CSOs are given independent access to prisons, which allows them to make regular visits, provide information to detainees on their rights and provide writing materials with which to make complaints.228 In many OSCE participating States, CSOs are part of the national preventive mechanism or working closely with national monitoring bodies.229 101. In a Western European OSCE participating State, prison authorities are under the obligation to inform detainees of the possibility to be put in touch with Victim Support Services. If the detainee agrees, prison authorities have to inform Victim Support Services by phone and in writing.230 102. In addition to facilitating the reporting of torture by detainees, some countries also incentivize public officials to report cases where they suspect torture or other ill-treatment has been used. In one South-Eastern OSCE participating State surveyed, public officials can be prosecuted for not reporting any crime that carries a penalty of 5 years imprisonment or more if they had reason to suspect that such a crime had occurred.231 103. One study found that legal frameworks prohibiting torture in broad terms do not necessarily have a significant relationship to the actual incidences of torture in a country, the prime exception was laws requiring the investigation of allegations of torture by an independent body.232 104. Many public departments that exert control over detainees have administrative complaints bodies or inspectorates that can investigate and sanction any unlawful conduct. These bodies sometimes operate in conjunction with the penal process, 227 Richard Carver & Lisa Handley (eds), op. cit., note 13, p. 84. 228 ODIHR and Fair Trials roundtable meeting on incentives for torture, (December 2019). 229 For further information about countries which use a Ombuds Plus Institution as their NPM type see: https://www.apt.ch/en/knowledge-hub/opcat/list-designated-npm-regions-countries. 230 Fair Trials, op. cit., note 4, p. 26 regarding Austria. 231 ODIHR and Fair Trials roundtable meeting on incentives for torture, (December 2019) regarding Serbia. 232 Richard Carver & Lisa Handley (eds), op. cit., note 13, p.83 referring to Hungary, Norway and the United Kingdom. 61

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents