STRATEGIES TO PUT SAFEGUARDS IN PLACE:
THINGS TO CONSIDER
A holistic torture prevention strategy requires that practices designed to protect detainees from police torture
and ill-treatment overlap and complement additional measures of prevention, including robust laws and review
by independent monitoring bodies. In all cases, multiple safeguards should work together to ensure that gaps in
protection are reduced.
Review of existing procedural safeguards
• How are procedural safeguards already protected in national law?
• Are there programmes in place to ensure that all persons in police detention have access to lawyers? And
medical doctors?
• Have steps been taken to ensure the safeguards protected in law are effectively implemented in practice?
• Where are the gaps in protection? If allegations of abuse have been made, what safeguards would prevent the
possibility of abuse in future?
• Do existing safeguards offer sufficient protections for persons in situations of vulnerability? Are specific
safeguards needed to protect children and juveniles, women, persons with disabilities, LGBTI and others in
detention?
• How could existing rules and procedures be strengthened to more effectively safeguard persons in police
detention?
• What training or other capacity building initiatives are already in place, or how could these be strengthened or
adjusted to equip police to deal with new procedures?
Implementing new safeguards to prevent abuse
• Has advice been sought to ensure the particular risk is addressed effectively through the implementation of
new rules, practices and procedures?
• How could the implementation of new safeguards be piloted to effectively tackle practical challenges, and fully
understand any institutional resistance or training needs?
• Could resources and technical assistance be secured with the assistance of international partners?
• In contexts or areas of particular risk, should multiple safeguards be implemented in a targeted way for a
limited time only?
Building capacity for prevention
• Are police, prosecutors and judges trained on procedures and rules to safeguard against torture and
ill-treatment?
• Are police, prosecutors, and judges encouraged to see the various administration and time benefits of
safeguards against torture?
• What training programmes and materials could be developed for the police, prosecutors, judges, and lawyers in
order to more effectively operationalise safeguards in practice?
• Are lawyers trained in practical criminal defence skills; in torture detection and reporting; are they aware of
relevant complaints mechanisms?
• Have steps been taken to ensure detainees have meetings with lawyers and medical doctors in private?
• What guarantees are given to ensure the confidentiality of doctor and lawyer meetings?
• Are family members, lawyers and doctors, as well as independent visiting mechanisms, able to raise complaints
of torture without fear of reprisal or being barred from professional practice?
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