interrelated, one key component of tackling this challenge is understanding what aspects of criminal justice practices and systems incentivize the use of torture. 4. The risk of torture and other ill-treatment exists in a wide variety of contexts, but is heightened when suspects, accused persons and defendants are detained in the context of criminal investigations and proceedings. Recognizing that this is one of the principal contexts in which torture occurs,11 this paper will focus on incentives for torture and other ill-treatment in criminal justice systems. The analysis of such incentives in other contexts is beyond the scope of this publication. 5. Gender is a key aspect of any examination of criminal justice systems. For instance, while women often come in contact with criminal justice systems as victims of crimes, women are also increasingly represented among suspects, accused or among prison populations. Furthermore, experiences with the criminal justice system not only differ between men and women, but also elderly persons, persons belonging to minority populations, LGBTI persons, children in conflict with the law and other groups. While recognizing the importance of analysing criminal justice systems through a gender lens and acknowledging how existing incentives for torture and other ill-treatment affect women and men, LGBTI persons, children, the elderly, members of minorities and other groups differently, will warrant further in-depth research and analysis. This paper is a first step in the identification of remaining incentives for torture and other ill-treatment in criminal justice systems and the starting point for further research in the resulting gender aspects of its findings. 6. In the field of torture prevention, significant attention has been paid to procedural safeguards, including to their codification in law and their practical implementation, and to the treatment of prisoners and conditions of detention. Given that most instances of torture and other ill-treatment occur during the early stages of arrest and custody,12 the effective implementation of procedural safeguards at these early stages is a particularly important deterrent against such practices.13 More work is required, however, to identify and mitigate the reasons underlying the ongoing practices of torture and other ill-treatment, including with respect to incentives for criminal justice actors (such as judges, prosecutors, police officers and defence 11 This is well-documented and evidenced by the definition of torture contained in the UN Convention Against Torture regarding the use of torture to obtain information or a confession, and the establishment of torture preventive mechanisms, including through the Optional Protocol to the Convention Against Torture, which monitor—amongst other places of detention—places of detention for those detained on criminal charges or convictions. Association for the Prevention of Torture, “Preventing Torture in the OSCE Region through Implementation of the UN Convention against Torture”, (2014). Richard Carver & Lisa Handley(eds), Does Torture Prevention Work?, (Liverpool University Press 2016).) 12 13 10

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