Introduction
on the rights of torture survivors and States
obligations to refrain from and prevent torture.
International law requires States to investigate allegations of torture and to punish those responsible. It also requires that
victims of acts of torture obtain reparation
and have an enforceable remedy to fair and
adequate compensation, restitution of their
rights and as full rehabilitation as possible.
The Istanbul Protocol is a manual on how to
make investigations and documentations of
torture effective in order to punish those responsible, to afford adequate reparation to
the victims and more generally, to prevent
future acts of torture.
This guide is aimed at lawyers working with
torture survivors. It describes the various
international standards contained in the
Istanbul Protocol, details international jurisprudence supporting such standards and
outlines practical ways for lawyers to seek to
have these standards recognised and implemented at the national level. It provides in-
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formation for lawyers on a) how to challenge
governments when investigations of torture
are ineffective, b) how to amass the necessary evidence to assist in investigations and/
or when bringing allegations of torture to
the attention of the competent officials and
c) provides a general overview of the international legal standards relevant to combating and preventing torture and assisting victims to seek remedies and reparation.
Lawyers are key interlocutors for survivors
of torture seeking justice and other forms
of reparation. Equally, they may play a vital
role in persuading governments to comply
with their international obligations to refrain from acts of torture and to implement
preventative measures. If lawyers are familiar with the applicable international standards, they may seek to interpret and apply
domestic law in light of these standards, and
may cite such standards in their legal argument, pleadings and complaints.