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	Table of Contents - Search - Part I: Preliminary Matters - Part II: Documenting Allegations - Part III: Responding to the Information Collected - Appendices
	I. Preliminary Matters: section links...
	1. Introduction - 2. How to use this Handbook - 3. Setting the Context - Summary of Part I

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	2.1 Outline of core chapters - 2.2 Terminology - 2.3 Essential policy issues

PART I - PRELIMINARY MATTERS

2. HOW TO USE THIS HANDBOOK

IMPORTANT:

Do not be intimidated by the size of this handbook - You do not have to read all of the book in order to benefit from it and you do not have to be an expert to use it.

If you become aware of information indicating that ill-treatment may have occurred, but cannot or do not wish to take action yourself, pass it on to someone else who can.

In order to acquire a good understanding of the overall process of preparing and submitting a torture allegation, it will be necessary to read the volume in its entirety. However, each section may be read independently of each other, and they do not necessarily need to be read in sequence. This means that it should be possible to dip into the handbook as appropriate according to the particular need of the reader. It is recommended, however, that anyone who is serious about submitting allegations of torture should read each section carefully before too long.

As you will see as you leaf through this handbook, it aims to be as practical as possible. This means that it has avoided exploring the academic or theoretical nature of concepts in too much detail. A large amount of academic writing exists on the subject of torture and associated themes, and it was felt that there was a need for a handbook of a much more practical nature for those who would like to know how to report allegations of torture without feeling as if they need to complete lengthy legal and medical studies to even begin to understand the subject. In addition, for such a handbook to be of practical utility in the field, it needs to be of manageable size, with easy access to each piece of information sought without having to extract it from lengthy passages of dense text. This means that it has proved necessary to be extremely selective in choosing the content of this handbook. There are many areas which those with an interest in learning more about the subject may wish to pursue. A selection of contacts and references has been provided in Appendix 2 for those organisations or individuals who may wish to seek further information or assistance.

Do not forget that, with the exception of the torture-specific procedures, many of the mechanisms described may also receive complaints and allegations concerning a large range of human rights violations other than torture. Much of what is said here would be equally applicable to such complaints. As the focus of this handbook is torture reporting, the discussion will emphasise the requirements for submitting torture-related information, but where such requirements are not fulfilled, it may still be relevant to make a complaint on the basis of another right.

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2.1 Outline of core chapters

Submitting a torture allegation is not just about writing a letter to an international body. It is about knowing where to look and what to look for, and it starts with the very first word of the very first interview with the person alleging torture. This is because the quality and consequent credibility of the allegation will depend almost entirely on the information recorded about it. This means knowing which questions to ask, and paying great attention to detail when keeping notes of the interview, because you will not often get a second chance to fill in the gaps. It also requires a certain familiarity with both the legal and practical contexts of torture, and an understanding of the objectives and likely results of submitting the allegation. The three core sections which address the various stages of the process are the following:

Part I, Chapter 3 - Setting the Context - This chapter provides a background for reporting allegations: it discusses what might be achieved by reporting allegations of torture, explains briefly the concept of torture and other forms of ill-treatment, identifies those places and situations where torture is most likely to take place, and highlights the circumstances in which allegations are most likely to be received. Finally, it addresses the thorny problem of the actions of non-governmental actors, and asks what can be done with allegations concerning them.

Part II - Documenting Allegations - The objective of this part is to offer some guidelines on how to go about collecting information about incidents of torture and other forms of ill-treatment. It highlights those pieces of information which are essential to any allegation, provides some pointers on how to carry out an interview with a victim or witness, and identifies the kind of supporting evidence which should be collected in order to strengthen an allegation or make prosecution possible.

Part III - Responding to the Information Collected - This part introduces the various mechanisms available for reporting allegations of torture and other forms of ill-treatment, particularly at the international level, provides guidance on how to choose between them, and explains how best to prepare and tailor your submission to the particular type of mechanism selected. It also acknowledges that there may be situations where you do not wish to pursue an allegation in person, where you might need support or advice on how to proceed, or where you might wish to seek political as well as legal action. It makes some suggestions on where to turn for help in such cases.

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2.2 Terminology

He/She: As a general rule, efforts have been made to use neutral rather than gender-specific terminology throughout the text, unless it was felt that greater precision was necessary in a particular context. In such cases, neutral terminology has usually been replaced by the term 'he or she'. Exceptional references to 'he' or 'she' only (in a non-gender specific context) should be understood to encompass reference to both male and female.

Torture/Ill-treatment: As you will see in Chapter 3, the word 'torture' has a very specific meaning in human rights law, as a particularly severe form of ill-treatment. The use of the term 'torture' throughout the text is not generally intended to be understood in the legal sense unless it is clear from the context that this is the case. Unless otherwise specified in the text, considerations described as applying to torture will apply equally to other forms of ill-treatment.

Specialised terms: Readers should be aware that certain terms may have specialised or legal meanings in their country, but may mean something different in another national system. The terminology used throughout this handbook is not intended to have any legal implications, and should be interpreted in a general sense - for example, the use of the word arrest is not intended to signify a formal arrest, which might require charging the individual with an offence, but merely the deprivation of liberty or holding of an individual by the police, including for informal questioning. Similarly, the names used for certain types of custodial institutions, such as prisons, may refer to a very distinct type of institution in one country, but be used in a more general way in another.

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2.3 Essential policy issues

Readers should be aware that there are a number of points which it is impossible to adequately address in a handbook of this nature and size, but which should nonetheless be kept uppermost in their mind as they work their way through it, due to their important implications. It is recommended that some time be spent thinking about these points and if necessary, in the case of organisations, adopting appropriate policies to follow.

Security: Interviewers should exercise great care not to create unnecessary risk for anyone, be it themselves, other members of their organisation, or the persons they are interviewing. It may be stating the obvious to note that there are certain dangers inherent to human rights work, particularly for local NGO staff, but it is important for human rights workers and fact-finders coming either from outside the country or from other regions of the same country not to forget that there may be consequences for those they leave behind. No-one should be placed at risk on account of an over-enthusiastic individual. It is rare to be in a position to offer protection to those persons whose allegations are being recorded, yet those who are not too afraid to come forward often believe that speaking to persons coming from the outside offers some kind of protection. You should make sure that they have an opportunity to give their informed consent (see below) to the interview and to the potential use of the information recorded.

Professional ethics: A great deal has been written about the conflicts between duties towards the greater community and the relationship between professionals, be it doctors or lawyers, and their clients. In cases involving ill-treatment, these duties can find themselves in opposition, because while the duty towards the community at large might suggest that all violations be made public for purposes of the greater good, professional ethics generally dictate that confidentiality between lawyers or doctors and their clients be respected in the best interests of the individual. This is a dilemma which is most likely to concern doctors, and a number of ethical codes and declarations exist for the medical profession, but it is present in any professional relationship, including that of a human rights worker and an interviewee.

Doctors and other healthcare professionals who wish to seek advice on how to deal with such ethical conflicts should contact a medical organisation, either national or international, which should be able to provide support and guidance on the best way to proceed. Other professional organisations should be able to provide similar assistance to their members, as should less formal professional support networks or specialised NGOs.

Informed consent: This involves making sure that when someone consents to something, like giving an interview or submitting an allegation, they are fully informed of both the potential benefits and negative consequences of the proposed course of action. The question is, what does fully informed mean? This is a matter in which it is not advisable to adopt a systematic approach, but to assess each particular situation individually.

There needs to be a balance between making sure that the interviewee is aware of any potential risks involved in providing information and obtaining as much useful information as possible (because that, after all, is the primary purpose of the interview unless it is being carried out for therapeutic reasons). Emphasising the potential risks may discourage the interviewee from talking, but it would be unacceptable to prioritise information over an individual for whom there is a real risk. One approach could be to decide this on the basis of the purpose for which you would like to use the information. The golden rule must be that no-one should ever be named or identified as a source unless they have given their express consent - if your intention is to name an individual, you must obtain his or her consent to that course of action and all its implications, both positive and negative. However, if your purpose is, for example, to have an informal interview with someone you do not need to identify, perhaps because you are merely seeking corroboration in your own mind of a statement by a previous interviewee or of general information, it may be counterproductive and unnecessary to emphasise the potential risks. Genuine risks should never be concealed, but it is important to assess what that actual risk is in each case rather than overestimating it and unnecessarily reducing the value of the interview.

Do not forget that consent should be not only informed, but also freely given. Individuals should not be pressured into giving their consent where it is clear that they do not wish to after having been fully informed of the implications.

Support and rehabilitation of the victim: For the human rights worker, there is an inevitable sense of excitement involved in fact-finding and collecting allegations, and upon the discovery of evidence. For the victim, however, talking about such personal and often horrific suffering may cause very different responses. In certain ways it may be therapeutic, but it can also reopen very deep wounds and cause profound psychological or even physical stress. It is imperative to offer as much genuine and effective support as possible to the victim, both during and after the interview. In the case of interviews with persons still in detention, this may be difficult, but you can at least take steps to conduct the interview in a sensitive manner (see Part II, Chapter 3.2). In the case of victims interviewed outside a detention context, efforts should be made to provide them with support and rehabilitation. This could mean making available professional counselling, or it could merely involve letting the victim know that the door is always open. Organisations are encouraged to pursue this question further with the specialised agencies listed in Appendix 2. Rehabilitation must be seen as an integral part of working with torture victims. They are sharing something profoundly personal and painful with you, and although you may see it as contributing to positive change, or furthering a cause, it may create suffering for them - in return, your obligation is to make sure that they are offered the support they need to deal with their suffering and to turn the process into a healing one.

	On this page...	top of page
	2.1 Outline of core chapters - 2.2 Terminology - 2.3 Essential policy issues

	I. Preliminary Matters: section links...
	1. Introduction - 2. How to use this Handbook - 3. Setting the Context - Summary of Part I
	Handbook links...	website home page
	Table of Contents - Search - Part I: Preliminary Matters - Part II: Documenting Allegations - Part III: Responding to the Information Collected - Appendices