A guide for lawyers English A guide for medical doctors Spanish A guide for psychologists French ACTION AGAINST TORTURE A practical guide to the Istanbul Protocol – for lawyers Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment International Rehabilitation Council for Torture Victims 3 ACTION AGAINST TORTURE A practical guide to the Istanbul Protocol – for lawyers Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment International Rehabilitation Council for Torture Victims 4 A practical guide to the Istanbul Protocol – for lawyers Action against torture A practical guide to the Istanbul Protocol – for lawyers Istanbul Protocol: Manual on the Effective Investigation and Documen- tation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Second edition 2007 © International Rehabilitation Council for Torture Victims (IRCT) 2009 Published 2009 by International Rehabilitation Council for Torture Victims (IRCT) Borgergade 13 P.O. Box 9049 1022 Copenhagen K Denmark Tel: +45 33 76 06 00 Fax: +45 33 76 05 00 Email: [email protected] Website: www.irct.org Printed by Scanprint, Viby J., Denmark ISBN 978-87-88882-30-8 (paperback ISBN 978-87-88882-33-9 (PDF) This publication has been produced with the financial assistance of the Eu- ropean Commission. The views expressed in this publication are those of the authors and can in no way be taken to reflect the official opinion of the organisations of those authors, the IRCT or the European Commission. 1 CONTENTS FOREWORD 3 ACKNOWLEDGEMENT 4 INTRODUCTION 5 PART A 8 AN OVERVIEW OF THE ISTANBUL PROTOCOL I The importance of legal professionals in the documentation and investigation of torture 8 II The importance of medical professionals in the documentation of torture and the need for lawyers to understand the medical symptoms of torture 9 III International standards in the Istanbul Protocol 11 PART B 13 INTERNATIONAL STANDARDS IN THE ISTANBUL PROTOCOL I General measures to prevent torture 13 II Specific safeguards in places of detention 17 III International standards on effective investigation of torture allegations 22 IV International standards on prosecution of alleged perpetrators of torture and punishment of those responsible 36 V International standard on right to an effective remedy and adequate reparations for victims of torture and cruel, inhuman or degrading treatment or punishment 39 2 A practical guide to the Istanbul Protocol – for lawyers ANNEX 46 INTERNATIONAL AND REGIONAL HUMAN RIGHTS SYSTEMS I Prevention mechanisms 46 II International remedial avenues 49 III Regional human rights systems 52 NOTES 57 REFERENCES 70 3 FOREWORD This guide is intended as an auxiliary instru- ment to the Istanbul Protocol and has been developed as a source of practical reference The Manual on the Effective In- for lawyers engaged in the investigation and vestigation and Documentation of documentation of cases of alleged torture. Torture and Other Cruel, Inhuman It is researched and written by REDRESS or Degrading Treatment or Punish- within a framework of partnership led by ment, in popular terms the Istanbul the International Rehabilitation Council for Protocol, contains the first set of in- Torture Victims (IRCT) in collaboration with ternationally recognised standards the Human Rights Foundation of Turkey for the effective examination, inves- (HRFT), Physicians for Human Rights USA tigation and reporting of allegations (PHR USA), REDRESS, and World Medical of torture and ill-treatment. It was Association. Similar guides have been devel- drafted by more than 75 experts in oped for medical doctors, “Medical physical law, health and human rights dur- examination of alleged torture victims: A ing three years of collective effort practical guide to the Istanbul Protocol – involving more than 40 different for medical doctors” (IRCT, 2009a) and for organisations including the IRCT. psychologists, “Psychological evaluation of The extensive work was initiated torture allegations: A practical guide to the and coordinated by the HRFT and Istanbul Protocol – for psychologists” (IRCT the PHR USA. Since its inception in 2009b). It is hoped that these materials of- 1999 the Istanbul Protocol has been fer insights and create synergy between the endorsed and promoted by the UN health and legal professions in a joint effort and other key human rights bodies. to combat torture. It exists in Arabic, Chinese, English, French, Russian and Spanish. 4 A practical guide to the Istanbul Protocol – for lawyers ACKNOWLEDGEMENTS REDRESS is grateful for the comments and assistance provided by Hulya Ucpinar and Turkcan Baykal of the Human Rights Foun- dation of Turkey, Olga Shepeleva of the Ni- zhny Novgorod Committee against Torture and the “Demos” Research Centre for Civil Soci¬ety in Russia. For further information, please contact: International Rehabilitation Council for REDRESS Torture Victims (IRCT) 87 Vauxhall Walk Borgergade 13 London SE11 5HJ P.O. Box 9049 United Kingdom 1022 Copenhagen K Tel: +44 20 7793 1777 Denmark Fax: +44 20 7793 1719 Tel: +45 33 76 06 00 Email: [email protected] Fax: +45 33 76 05 00 (general correspondence) Email: [email protected] Website: www.irct.org Introduction 5 INTRODUCTION Recognising the prevalence of torture in the ted, or intimidating or coercing him or a third world and the need to take active steps to person for any reason based on discrimina- combat it, medical, legal and human rights tion of any kind, when such pain or suffering experts from a range of countries drafted the is inflicted by or at the instigation of or with Manual on the Effective Investigation and the consent or acquiescence of a public offi- Documentation of Torture and Other Cruel, cial or other person acting in an official ca- Inhuman or Degrading Treatment or Punish- pacity. It does not include pain or suffering ment (The Istanbul Protocol). The Manual arising only from, inherent in or incidental to was finalised in August 1999 and has since lawful sanctions.” 4 been endorsed by the United Nations, re- gional organisations and other bodies.1 Accordingly, torture is the intentional in- fliction of severe pain or suffering, whether The Istanbul Protocol is intended to serve physical or mental, by or on behalf of a as a set of international guidelines for the public official (such as the police or secu- assessment of torture or cruel, inhuman or rity forces) or with their consent.5 The cal- degrading treatment or punishment, and for culated abuse of an individual’s physical investigating such allegations, and report- and psychological integrity, in a way that ing findings to the judiciary or other inves- is designed specifically to undermine their tigative bodies. The set of Principles on the dignity, is horrible in any circumstance. But Effective Investigation and Documentation of when this act is perpetrated by or on behalf Torture and Other Cruel, Inhuman or Degrad- of a public official (someone with the very ing Treatment or Punishment (The Istanbul responsibility to protect an individual’s Principles) annexed to the Istanbul Protocol rights) the crime becomes all the more rep- was included in the Resolution on Torture rehensible. Indeed torture is typically perpe- unanimously adopted by the UN General trated/condoned by State officials who are Assembly in December 2000.2 Subsequently, responsible for upholding and enforcing the the United Nations Commission on Human law. The State may also be responsible for Rights drew the attention of governments torture by non-state actors, such as armed to these Principles and strongly encouraged groups, for example, if it failed to take suf- them to reflect upon them as a useful tool in ficient steps to prevent torture or acquiesced combating torture.3 or condoned the torture. Non-state actors may also independently incur responsibility Torture is defined in the Istanbul Protocol in under domestic criminal law statutes and the words of the United Nations Convention under international humanitarian law and against Torture and Other Cruel, Inhuman or international criminal law.6 Degrading Treatment or Punishment: Torture may cause physical injury such as “Torture means any act by which severe pain broken bones and wounds that heal slowly, or suffering, whether physical or mental, is or can leave no physical scars. Often torture intentionally inflicted on a person for such will lead to psychological scars such as an purposes as obtaining from him or a third inability to trust, and a difficulty to relax person information or a confession, punish- in case the torture happens again, even in ing him for an act he or a third person has a safe environment. Torture survivors may committed or is suspected of having commit- experience difficulty in getting to sleep or 6 A practical guide to the Istanbul Protocol – for lawyers may wake early, sometimes shouting or with “Perpetrators often attempt to justify their nightmares. They may have difficulties with acts of torture and ill-treatment by the need memory and concentration, experience ir- to gather information. Such conceptualiza- ritability, persistent feelings of fear and tions obscure the purpose of torture and its anxiety, depression, and/or an inability to intended consequences[…]. By dehuman- enjoy any aspect of life. Sometimes these izing and breaking the will of their victims, symptoms meet the diagnostic criteria for torturers set horrific examples for those who post-traumatic stress disorder (PTSD) and/or later come in contact with the victim. In this major depression. Physical and psychologi- way, torture can break or damage the will cal scars can last a lifetime. To someone who and coherence of entire communities[…].” has no experience of torture, these symp- toms might appear excessive or illogical, but For this reason, torture is absolutely pro- they can be a normal response to trauma. hibited by every relevant human rights in- strument since the Universal Declaration of The word “torture” will, to most people, Human Rights of 1948.