PART B – International standards in the Istanbul Protocol 13 PART B INTERNATIONAL STANDARDS IN THE ISTANBUL PROTOCOL Part B of this guide describes the general measures that States are obliged to take to forestall torture and other forms of ill treatment and explains how lawyers can advocate for the implementation of such measures through general advocacy work and also in the context of individual cases. This section will address the following international standards: i. General measures to prevent torture ii. Specific safeguards in places of detention iii. Investigating allegations of torture effectively iv. Prosecution of alleged perpetrators and punishment of those responsible, and v. Guaranteeing effective remedies and adequate forms of reparation for the victims. I. GENERAL MEASURES TO PREVENT TORTURE Taking measures to prevent torture is the first obligation to ensure protection from torture as outlined in the Istanbul Protocol. The positive obligation on governments to prevent torture is specifically enshrined in the United Nations Convention against Torture as well as the Inter-American Conven18 tion to Prevent and Punish Torture. Studies reveal that the inadequacy of national laws to prohibit torture, the discrepancy between laws and what happens in reality and the lack of legal safeguards in places of detention all contribute to the persistence 19 and prevalence of torture. If broad preventative measures are in place at the national level to address basic legislative, administrative and institutional deficiencies, lawyers will have more scope to address more specific weaknesses, such as procedural irregularities in the investigations process.

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