or ratified in the torture-prevention sphere or are under consideration for ratification,
whether they have been effectively implemented at the national level, the situation
regarding state reporting under such treaties or conventions, and the existence of
alternative NGO reports. Relevant national legislation and guidelines for police and
prosecutors, in addition to any national plans of action on torture prevention, should
be collected.
With regard to governmental/official structures, it is important to assess political will
at different levels and identify individuals and/or structures with which effective
partnerships can be built. In countries where there is resistance from the authorities to
torture-prevention activities, often based on the assertion that the problem does not
exist at all, a less direct approach will be required. In this case, field operations noted
it was generally more effective to integrate anti-torture elements into broader project
activities that are not a direct threat to the power structures of the state and may
initially be easier to implement. If successful, they may also provide a platform for the
development of further activities.
Examples of activities of this type given were: integrating anti-torture elements into
more general human rights based training for law enforcement officials; focusing on
the reform of prison management or administration, using such instruments as the
United Nations Standard Minimum Rules for the Treatment of Prisoners as a basis,
and thus improving prison conditions and reducing the risk of ill-treatment; promoting
the use of alternative sanctions to imprisonment, thus reducing the prison population;
and legislative review and reform programmes that incorporate changes such as
transferring the power to review arrest and detention from prosecutors to the
judiciary.
In light of the information gathered, the most appropriate role for an organization can
then be identified, taking into account its mandate and resources. Other issues to
consider include the chances of success of the proposed activity when balanced
against resources that will need to be expended, the potential for positive effects in
terms of building relationships with other actors, and the long-term sustainability of
the proposed activities.
As a general rule, OSCE field experience suggests that a field-based tortureprevention strategy should tackle the issue from multiple angles and aim at an
integrated approach, incorporating activities in the areas listed below. Specific factors
such as funding, staffing, the role of other organizations and the political, economic
and security environment will obviously dictate the emphasis placed on different
possible activities.
3.4 Counter-terrorism strategies in the OSCE area and torture:
upholding OSCE principles
A detailed discussion of certain practices that have been used or sanctioned in the
context of counter-terrorism strategies, and which have been found to be in
contravention of international human rights law, is beyond the scope of this paper. A
full exposition of these issues can be found in the ODIHR manual Countering
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