ODIHR and Torture Prevention
ODIHR supports OSCE participating States in strength- independent medical examinations, judicial oversight ening safeguards against torture by promoting inter- and the right to remain silent, reduce the risk of abuse. national human rights standards and translating them Torture and other ill-treatment can occur in long-term into practical policies and everyday practice. detention, psychiatric units, geriatric homes and bor- der control contexts. Marginalized groups may face What is torture? heightened risks. Preventing torture requires effective Torture is any act by which severe physical or mental laws, independent oversight, professional criminal pain or suffering is intentionally inflicted on a person for justice institutions and a commitment to respecting purposes such as obtaining information or a confes- every person’s dignity. sion, punishment, intimidation or discrimination, when carried out by, at the instigation of, or with the consent Strengthening the application of legal or acquiescence of a public official or another person and policy frameworks acting in an official capacity. The prohibition of torture Effective torture prevention begins with strong legal is absolute under international human rights law, in- and institutional safeguards. ODIHR assists partic- cluding the UN Convention Against Torture and Other ipating States in reviewing legislation, policies and Cruel, Inhuman or Degrading Treatment or Punishment procedures to strengthen protection against torture (UNCAT), and applies in all circumstances without ex- and other ill-treatment and align national frameworks ception. Even war and public emergencies can never with international human rights standards. ODIHR justify torture. International law also prohibits cruel, also supports rights-based approaches within wider inhuman or degrading treatment or punishment, which criminal justice reform and counter-terrorism efforts, do not always meet the threshold of torture. recognizing that respect for human rights underpins comprehensive security. Torture differs from other forms of ill-treatment in that it involves the intentional infliction of severe suffering for Building professional capacity a specific purpose. Examples of acts that may amount Professionals working in the criminal justice system to torture include beatings, electric shocks, rape, sex- play a vital role in preventing torture. ODIHR develops ual humiliation, sleep deprivation or mock executions. practical guidance and training for police officers, Inhuman treatment or punishment causes severe prison staff, judges, prosecutors, lawyers and medical physical or mental suffering. Degrading treatment or professionals to apply international standards in their punishment humiliates or debases a person and may daily work. cause feelings of fear, anguish or inferiority. Depending on their nature, severity and circumstances, such Effective interviewing treatment may include abusive detention conditions, prolonged solitary confinement or denial of medical ODIHR promotes The Méndez Principles on Effective assistance. Interviewing for Investigations and Information Gath- ering, which set out a human rights-based approach Preventing torture across the OSCE to interviewing. The Office supports participating region States in replacing coercive interrogation practices with rapport-based interviewing and implementing People deprived of their liberty are particularly vul- safeguards during criminal justice investigations and nerable to torture and other ill-treatment, especially other information-gathering processes, helping to during police custody and pre-trial detention. Effective strengthen respect for human rights and improve the safeguards, including prompt access to legal counsel, effectiveness of investigations. Humane prison Promoting dignity in Guidance Document management places of deprivation of on the Nelson Mandela liberty GUIDANCE DOCUMENT ON THE NELSON Rules: Implementing ODIHR offers training programmes MANDELA RULES
the United Nations IMPLEMENTING THE UNITED NATIONS REVISED STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS
to participating States on the ODIHR inte gr ate s gender Revised Standard Nelson Mandela Rules (United Minimum Rules for the equality into torture prevention Treatment of Prisoners Nations Standard Minimum Rules by addressing sexual and gen- ODIHR
for the Treatment of Prisoners) der-based violence (SGBV) in and has published guidance places of detention, promoting Nelson Mandela Rules on implementing these rules in training programme survivor-centred approaches to practice. trauma and supporting account- ability for human rights violations Investigating and docu- within securit y and justice menting torture TRAINER’S MANUAL
sectors. Through research, guid- INTRODUCTION TO THE NELSON MANDELA RULES INTERNATIONAL TRAINING PROGRAMME
TRAINER’S MANUAL FOR THE 4-DAY TRAINING COURSE FOR PRISON STAFF ON THE PRACTICAL IMPLEMENTATION OF THE NELSON MANDELA RULES
ODIHR works to promote the Op- ance and training, ODIHR helps tional Protocol to the United Na- strengthen detention systems The Death Penalty in the OSCE Area: tions Convention against Torture to promote respect for human Background Papers (OPCAT) by assisting participating dignity. States that are parties to OPCAT in establishing and strengthening ODIHR’s torture prevention work
forms part of its broader human
independent National Preventive
Mechanisms (NPMs) mandated rights mandate. This includes Interim reports on to visit places where people are supporting participating States reported violations or may be deprived of their liberty, in ensuring that measures to pre- of international including prisons and immigration vent and counter terrorism fully humanitarian law and international human detention centres. respect human rights, including rights law in Ukraine the absolute prohibition of torture. The Istanbul Protocol is important for the effective legal and medical Monitoring human rights investigation and documentation developments National Preventive Mechanism Library of allegations of torture and OSCE participating States have ill-treatment. It includes guidance committed to exchanging infor- for health professionals, who may mation about the question of the fear reprisals, or have insufficient abolition of the death penalty and training or concerns relating to to publishing information on its professional independence and use. ODIHR monitors the status Preventing and confidentiality. ODIHR trains and use of the death penalty in Addressing Sexual professionals from participating OSCE participating States and and Gender-based Violence in Places of States in the effective investiga- works to promote constructive Deprivation of Liberty: tion and documentation of torture discussions on the issue. While Standards, Approaches and other ill-treatment and facili- and Examples from the Preventing and Addressing
participating States hold different Sexual and Gender-Based Violence in Places of Deprivation of Liberty ODIH R OSCE Region tates dialogue across the OSCE Standards, Approaches and Examples from the OSCE Region
positions on capital punishment, 1
region, co-operating with NPMs, transparency in all aspects of Quick Guide on NHRIs and civil society. its application is crucial to safe- QUICK GUIDE Preventing and Addressing Sexual guarding due process rights and Preventing and Addressing Sexual and Gender-based and Gender-Based protecting individuals from torture Violence in Places of Deprivation of Liberty Violence in Places of Deprivation of Liberty and other cruel, inhuman or de- grading treatment or punishment.
OSCE Office for Democratic Institutions and Human Rights
Ul. Miodowa 10 00-251 Warsaw Poland Follow ODIHR
Office: +48 22 520 06 00 office@odihr.pl