Prevention of Torture

Despite the absolute prohibition under international law, torture and ill-treatment continues to be widely practised in all parts of the world.

Prevention of torture Torture is one of the most horrendous violations of a person’s human rights. It is an attack on the very essence of a person’s dignity.

Over 140 Staties have ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which places an absolute prohibition on torture and ill-treatment of people held in detention.

No “exceptional circumstances” – including a state of emergency, war or an order from a public authority – can justify torture.

However, despite the absolute prohibition under international law, torture and ill-treatment continues to be widely practised in all parts of the world.

A key contributing factor, according to a global survey conducted by the UN Special Rapporteur, is the malfunctioning of the administration of justice and, as a result, the lack of respect for safeguards.

Concerns about national, regional and international security – the ‘war on terrorism’ – have also been used to justify the use of torture for the ‘greater good’.

Preventing and responding to allegations of torture therefore requires the active involvement of many different groups, including national human rights institutions (NHRIs).

As part of their mandate, NHRIs may monitor places of detention, investigate allegations of torture, train law enforcement officials, promote public awareness and recommend changes to national laws and detention policies.

They can also advocate that their State ratify the Optional Protocol to the Convention against Torture, an international treaty that establishes a system for carrying out independent visits to places of detention by national monitoring teams (known as a ‘national preventive mechanism’).

In some countries the NHRI is designated as the sole national preventive mechanism. In other countries, it can involve representatives from the NHRI working in partnership with representatives from civil society organisations.

Role of the APF

To assist NHRIs carry out this vital work, the APF provides a training program in torture prevention for staff of APF member institutions. The program is developed and delivered in partnership with the Association for the Prevention of Torture (APT).

The training draws heavily on Preventing Torture: An Operational Guide for National Human Rights Institutions, a comprehensive toolkit developed jointly by the APF, the APT and the Office of the High Commissioner for Human Rights.

Watch the video introduction to the Preventing Torture: An Operational Guide for National Human Rights Institutions.

The APF also works in partnership with member institutions, the APT and other stakeholders to facilitate discussions around implementing the Optional Protocol to the Convention against Torture in different national settings.

In 2005, the APF’s Advisory Council of Jurists undertook a major study on the role of NHRIs in the prevention of torture, which included developing a proposed set of Minimum Interrogation Standards.

These standards provide an important contribution to the effective prohibition on torture and cruel, inhuman and degrading treatment and punishment in the region.