Foreword
The Association for the Prevention of Torture (APT) is an international nongovernmental organisation committed to preventing torture and other illtreatment worldwide. The APT focuses on three integrated objectives: effective
legal frameworks, transparency in institutions, and capacity strengthening.
This Guide is the culmination of an APT project begun in 2002 with the publication of a guide to the jurisprudence of the European Court of Human
Rights on torture and ill-treatment, which forms the basis of Chapter 2 of this
Guide.
The Center for Justice and International Law (CEJIL) is a regional non-governmental human rights organisation whose mission is to achieve the full
implementation of international human rights norms in the Member States of
the Organisation of American States, through the use of the Inter-American
System for the protection of human rights and other international protection
mechanisms. CEJIL’s approach is victim-centred, working in partnership with
human rights defenders and organisations to contribute to social justice. In
furtherance of its mission CEJIL litigates cases of grave violations of human
rights to obtain justice and reparations for victims and to foster human rights
protections through changes in countries’ laws, policies and practices.
This Guide is a collaborative effort to help ensure that international and
regional legal norms for the prevention of torture and other ill-treatment are
universally respected and implemented. Governments, lawyers and civil society actors must be aware of what acts qualify as torture or ill-treatment, as
well as the full scope of the obligations undertaken by the State to prevent,
investigate and punish torture. Standards must be consistently applied at
the international, regional and national levels to ensure equal protection for
everyone. This Guide aims to answer such questions as what constitutes torture, who should be held responsible when ill-treatment occurs, when a State
must investigate allegations of abuse, and how detainees should be treated.
The APT and CEJIL would like to thank in particular Emma Reilly, APT
Legal Advisor, the author of this publication, who provided an insightful
analysis on the jurisprudence of the international and regional human rights
systems. The APT and CEJIL would also like to thank Ariela Peralta, Deputy
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