Reporting Killings as Human Rights Violations Handbook

Combating Torture

A Manual for Judges and Prosecutors

By Conor Foley

Manual links: website home page
Table of Contents - Search - Introduction - 1: The Prohibition of Torture in International Law - 2: Safeguards Against Torture - 3: The Role of Judges and Prosecutors - 4: Conducting Investigations and Inquiries - 5: Prosecuting Suspected Torturers and Providing Redress - Appendices

Table of contents

Publishing Information, Contributors and Acknowledgements

Foreword

Glossary

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INTRODUCTION

Who is this manual for?

How to use this manual


1: THE PROHIBITION OF TORTURE IN INTERNATIONAL LAW

The prohibition of torture in international law

General prohibition

The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984

Other relevant standards

Legal definitions

International supervisory machinery and complaints procedures

The Human Rights Committee

The UN Committee against Torture

Regional mechanisms

Other monitoring mechanisms

The UN Special Rapporteur on Torture and other Cruel, Inhuman and Degrading Treatment or Punishment

International criminal courts and tribunals

The International Committee of the Red Cross (ICRC)


2: SAFEGUARDS AGAINST TORTURE FOR THOSE DEPRIVED OF THEIR LIBERTY

Safeguards against torture for those deprived of their liberty

Notifying people of their rights

Use of officially recognised places of detention and maintenance of effective custody records

Avoiding incommunicado detention

Humane conditions of detention

Limits on interrogation

Access to a lawyer and respect for the functions of a lawyer

Access to a doctor

The right to challenge the lawfulness of detention

Safeguards for special categories of detainees

Women in detention

Juvenile detainees

People with mental health problems


3: THE ROLE OF JUDGES AND PROSECUTORS IN PROTECTING DETAINEES AND CRIMINAL SUSPECTS FROM TORTURE

The role of judges and prosecutors in protecting detainees and criminal suspects from torture

The role of judges

The role of prosecutors

Safeguards during detention

Interrogations

Independent inspections

Conditions of detention

Appearance before a judicial authority

Legal assistance

Admissibility of evidence

Examining witnesses

Duty to protect in cases of expulsion


4: CONDUCTING INVESTIGATIONS AND INQUIRIES INTO ACTS OF TORTURE

Conducting investigations and inquiries into acts of torture

Responding to allegations of torture

Principles governing investigations

Medical evidence

Conducting interviews

Interviewing alleged torture victims

Interviewing alleged victims of sexual violence

Interviewing children and juveniles

Interviewing suspects

Identifying other witnesses

Witness protection issues


5: PROSECUTING SUSPECTED TORTURERS AND PROVIDING REDRESS TO THE VICTIMS OF TORTURE

Prosecuting suspected torturers and providing redress to the victims of torture

Torture as a criminal offence

Culpability for crimes of torture or other forms of ill-treatment

Identifying and prosecuting those responsible

The obligation to prosecute

Fair trials

Immunities, amnesties and statutes of limitation

Punishment

Redress


APPENDICES

Appendix 1: Selected international instruments

1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Articles 1-16

2. International Covenant on Civil and Political Rights, Articles 7 and 10; the European Convention on Human Rights, Article 3; the American Convention on Human Rights, Article 5; the African Charter on Human and Peoples' Rights, Article 5

3. Common Article 3 to the four Geneva Conventions 1949

4. The Statute of the International Criminal Court, Articles 7 and 8

5. Human Rights Committee General Comment 20 to the International Covenant on Civil and Political Rights

6. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment

7. Guidelines on the Role of Prosecutors (extracts)

8. Basic Principles on the Independence of the Judiciary (extracts)

9. Basic Principles on the Role of Lawyers (extracts)

10. Recommendations of the Special Rapporteur on Torture (extracts)

11. The right to restitution, compensation and rehabilitation for victims of gross violations of human rights and fundamental freedoms, Final Report of the Special Rapporteur, Professor M. Cherif Bassiouni

12. Principles on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment (the Istanbul Protocol)

Appendix 2: The CPT Standards -- Selected extracts

Appendix 3: Further information and contact organisations

Appendix 4: Table of ratification status of selected human rights instruments

Further Reading

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Manual links: website home page
Table of Contents - Search - Introduction - 1: The Prohibition of Torture in International Law - 2: Safeguards Against Torture - 3: The Role of Judges and Prosecutors - 4: Conducting Investigations and Inquiries - 5: Prosecuting Suspected Torturers and Providing Redress - Appendices
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