ANNUAL REPORT 2004 Mainstreaming Anti-Torture Work: The ODIHR Approach Stemming from lessons learned in previous projects and activities aimed at combating torture, the ODIHR adapted its approach to anti-torture work in 2003. Experience had shown that stand-alone anti-torture activities have a limited impact. After all, torture is not an isolated phenomenon; it needs to be considered in light of the practices and institutionalized cultures that encourage its use. Thus, instead of isolating anti-torture work, which limits its effectiveness, the Office is now working to integrate, or mainstream, anti-torture activities into its broader efforts of criminal-justice reform, which should create opportunities to address the underlying causes of torture. The premise behind the ODIHR’s approach is that torture is not an abstract evil; rather, it is often a function of the legal systems in which it is used. For example, the legal systems in some countries have no mechanisms in place to prevent torture. Moreover, these same systems can be said to often promote the use of torture by requiring confessions in order to secure convictions. As police officers are often rewarded for the number of convictions they obtain – either through promotions or positive evaluations and even monetary rewards – there is often a real incentive to use torture. In short, every country in the OSCE region recognizes that torture is illegal, and few people need to be told that torture is wrong. Nonetheless, in the absence of institutionalized mechanisms to address the problem, it continues unabated. The ODIHR is attempting to combat torture by addressing some of the practical drivers for torture, first by encouraging the introduction of workable prevention measures. As such, the ODIHR recognizes the key role that each of the four pillars in the criminal-justice system – judges, prosecutors, police officers, and defence lawyers – plays to prevent torture. Democratization Rule of Law pendent, the opportunities for mistreatment are seriously reduced. There are still countries within the OSCE, however, in which the prosecution retains the power to authorize continued detention, contrary to international human-rights standards. The ODIHR is working with those countries to encourage this structural reform. Of these pillars, the first line of defence in most human-rights cases is, or should be, the defence lawyer. It is to the lawyer that most detainees turn for protection. The role of the defence lawyer in prevention of humanrights abuses in general, and torture in particular, has often been underplayed. The ODIHR, through its rule-of-law work, supports and promotes defence lawyers in their role as the first line of humanrights protection. Within the Council of Europe area, a highly effective mechanism for the prevention of torture has developed with the implementation of the European Convention for the Prevention of Torture (CPT). This is due to the fact that the CPT has a system of independent monitoring of places of detention, thereby opening up detention facilities to outside monitors and scrutiny. This instrument is now open for signature and ratification by the OSCE participating States that are not member states of the Council of Europe. The ODIHR, through conferences in 2004, encouraged every participating State to consider ratification of this instrument. Furthermore, countries should consider establishing national instruments for independent monitoring of all places of detention. Moreover, the ODIHR supports structural changes in legal institutions when these changes can help to reduce instances of torture. One example of this is transferring the power to authorize detention or arrest from prosecutors to judges. When detainees are under the effective supervision of competent judges, who by definition should be inde- Similarly, the United Nations Optional Protocol to the Convention against Torture is now open for signature. Despite promising words from many countries, so far very few (Albania, the United Kingdom, Malta, and Denmark) have acceded. The ODIHR has been encouraging all OSCE countries to accede to this significant instrument. 23