ANNUAL REPORT 2004
Mainstreaming
Anti-Torture
Work: The ODIHR
Approach
Stemming from lessons learned
in previous projects and activities
aimed at combating torture, the
ODIHR adapted its approach to
anti-torture work in 2003. Experience had shown that stand-alone
anti-torture activities have a limited impact. After all, torture is
not an isolated phenomenon; it
needs to be considered in light of
the practices and institutionalized cultures that encourage its
use. Thus, instead of isolating
anti-torture work, which limits its
effectiveness, the Office is now
working to integrate, or mainstream, anti-torture activities into
its broader efforts of criminal-justice reform, which should create
opportunities to address the underlying causes of torture.
The premise behind the ODIHR’s
approach is that torture is not an
abstract evil; rather, it is often a
function of the legal systems in
which it is used. For example, the
legal systems in some countries
have no mechanisms in place to
prevent torture. Moreover, these
same systems can be said to often
promote the use of torture by requiring confessions in order to secure convictions. As police officers
are often rewarded for the number of convictions they obtain –
either through promotions or
positive evaluations and even
monetary rewards – there is often
a real incentive to use torture.
In short, every country in the
OSCE region recognizes that torture is illegal, and few people
need to be told that torture is
wrong. Nonetheless, in the absence of institutionalized mechanisms to address the problem, it
continues unabated.
The ODIHR is attempting to combat torture by addressing some
of the practical drivers for torture, first by encouraging the introduction of workable prevention measures. As such, the
ODIHR recognizes the key role
that each of the four pillars in the
criminal-justice system – judges,
prosecutors, police officers, and
defence lawyers – plays to prevent torture.
Democratization Rule of Law
pendent, the opportunities for
mistreatment are seriously reduced. There are still countries
within the OSCE, however, in
which the prosecution retains the
power to authorize continued
detention, contrary to international human-rights standards.
The ODIHR is working with those
countries to encourage this structural reform.
Of these pillars, the first line of
defence in most human-rights
cases is, or should be, the defence
lawyer. It is to the lawyer that
most detainees turn for protection. The role of the defence
lawyer in prevention of humanrights abuses in general, and torture in particular, has often been
underplayed. The ODIHR, through
its rule-of-law work, supports and
promotes defence lawyers in their
role as the first line of humanrights protection.
Within the Council of Europe
area, a highly effective mechanism for the prevention of torture has developed with the implementation of the European
Convention for the Prevention of
Torture (CPT). This is due to the
fact that the CPT has a system of
independent
monitoring
of
places of detention, thereby
opening up detention facilities to
outside monitors and scrutiny.
This instrument is now open for
signature and ratification by the
OSCE participating States that are
not member states of the Council
of Europe. The ODIHR, through
conferences in 2004, encouraged
every participating State to consider ratification of this instrument. Furthermore, countries
should consider establishing national instruments for independent monitoring of all places of
detention.
Moreover, the ODIHR supports
structural changes in legal institutions when these changes can
help to reduce instances of torture. One example of this is transferring the power to authorize
detention or arrest from prosecutors to judges. When detainees
are under the effective supervision of competent judges, who
by definition should be inde-
Similarly, the United Nations Optional Protocol to the Convention
against Torture is now open for
signature. Despite promising
words from many countries, so
far very few (Albania, the United
Kingdom, Malta, and Denmark)
have acceded. The ODIHR has
been encouraging all OSCE countries to accede to this significant
instrument.
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