Preventing Torture An Operational Guide for National Human Rights Institutions Summary Introduction: The concept of torture prevention and its application • States have an obligation to prevent torture. • There is an important distinction between direct prevention (measures taken before torture occurs to avoid it happening) and indirect prevention (measures taken after torture has occurred to avoid its repetition). • Preventing torture requires an integrated strategy involving three key elements: a strong legal framework, effective implementation of the legal framework and control mechanisms to monitor and support the legal framework and its implementation. Chapter 1: What is torture? • Article 1 of the Convention against Torture defines torture using three cumulative elements: the intentional infliction of severe mental or physical pain; with the direct or indirect involvement of a public official; for a specific purpose. • Torture is prohibited under international law and can never be justified. The prohibition on torture is absolute and non-derogable. • Cruel, inhuman or degrading treatment or punishment is also absolutely prohibited and nonderogable. Chapter 2: International and regional instruments on torture and other forms of ill-treatment • Torture is prohibited in a number of international human rights treaties. • The Convention against Torture contains a series of provisions on prevention measures. • Regional instruments in Africa, the Americas, Arab countries and Europe also prohibit torture. • Soft law standards, both international and regional, complement the prohibition of torture and other ill-treatment. Chapter 3: Promoting legal and procedural reforms • NHRIs can promote ratification of relevant international human rights treaties, such as the Convention against Torture and its Optional Protocol. • NHRIs can promote legal reform, in particular making torture a crime under domestic law. • NHRIs can promote reform of detention procedures. Chapter 4: Investigating allegations of torture • Internal consistency of a testimony is an important element that can support allegations of torture. Other corroborating information should also be sought. • Medical documentation, as well physical or psychological signs of torture, can provide further evidence of torture. • Formally recording the evidence gathered is crucial. 111