The following is a non-exhaustive list of measures to assist in the prevention of
torture. These are derived both from OSCE experience and principles established by
NGOs, international bodies and experts in the field.
Torture Prevention – A checklist
States should sign, ratify, accede to and effectively implement the main
international instruments (e.g. ICCPR, UNCAT, ECPT, OPCAT, the Geneva
Conventions and the Rome Statute)
States should implement the recommendations of relevant regional and
international bodies, such as the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment and the UN’s
Committee against Torture, Subcommittee for the Prevention of Torture and
Special Rapporteur on Torture
States should accept the right to make individual and inter-state complaints
regarding torture under relevant international instruments
Detainees should be given prompt access to counsel of their choice (not later
than 48 hours from the moment of detention – UN Basic Principles on the
Role of Lawyers)
A relative of the detainee or third party should be promptly informed of the
person’s arrest and place of detention
The detainee should be informed promptly of the reason for the arrest and any
charges
Records are to be kept of the time and place of arrest, identification of
arresting persons and state of health of the detainee
Video/audio records are to be kept of interrogations, including who was
present, length of questioning, etc.
Detainees should have the right to be brought before a judge within 48 hours
and challenge their detention (habeas corpus)
Accessible, speedy and independent mechanisms – both external and internal
– for the investigation of complaints of torture should be put in place
Independent investigations should take place into all deaths occurring in
custody
The offence of torture should be criminalized in national law and defined in
conformity with the definition in international law
Adequate penalties should be established and imposed for those found guilty
of torture
Amnesty laws should not apply to offences of torture
The use of evidence obtained via torture should be prohibited
An NPM should be created in accordance with the OPCAT criteria. Where
OPCAT has not been ratified, other independent national bodies for
monitoring places of deprivation of liberty should be created and supported
Sufficient financing should be provided to allow for humane conditions of
detention, in particular to minimize overcrowding of places of deprivation of
liberty
The UN Standard Minimum Rules for the Treatment of Prisoners should be
referred to as guidelines with regard to ensuring humane conditions of
detention
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