What is torture prevention?

The risk of torture exists everywhere. In any country, at any time. Preventing torture is about reducing these risks and creating environments where torture and ill-treatment is less likely to happen.

To do this, we work with a wide range of partners in countries across the globe, including: national preventive mechanisms and other oversight bodies; national authorities and police; justice sector actors; and civil society organisations.

WHAT RISK FACTORS CAN LEAD TO TORTURE?

Environment

When there is no rule of law; a culture of impunity; corruption; an erosion of the absolution prohibition of torture and/or public acceptance of torture; poor access to justice; counter-terrorism measures; militarisation or privatisation of detention and security

Practices

In case of incommunicado detention; solitary confinement; disciplinary sanctions; threats/reprisals; use of restraints; involuntary placement; body searches; corporal punishment; capital punishment

Criminal justice systems

When justice systems are dysfunctional and over-rely on confessions; or when institutional culture, recruitment and promotion policies pressure law enforcement to bring results

Persons

For persons in situations of vulnerability who face invisibility, discrimination, profiling, harassment, violence and over-incarceration because of their gender, age, migration status, nationality, ethnicity, economic status, disability, religion, sexual orientation, gender identity or expression, drug use...

Moments

In moments such as arrest; apprehension; stop and search; first hours of detention; interrogation; transfers; forced deportation; public demonstrations

Places

In closed places, such as prisons; police stations; psychiatric institutions; juvenile justice facilities; social care homes; quarantine centres; aged care facilities; overseas/offshore detention; secret places or places where there is no oversight

WHAT IS THE EVIDENCE FOR TORTURE PREVENTION?

RESPONDING TO THE RISK FACTORS

Preventing torture requires an integrated approach where States:

Have a strong legal framework that prohibits torture and ill-treatment and reflects international standards
Implement this legal framework in practice; for example, by establishing procedural safeguards in detention and providing training for law enforcement officials
Establish mechanisms to monitor the legal framework and its implementation, including through independent oversight of places of detention.

Torture prevention requires a holistic approach, where different measures are interconnected and influence each other, to create an environment where torture and ill-treatment are less likely to occur. This also implies structural changes, in terms of reform and institutional culture and mindset.

We encourage States to ratify the Optional Protocol to the Convention against Torture (OPCAT) and open all places of detention within their jurisdiction to visits by independent monitoring bodies – known as National Preventive Mechanisms (NPMs) – they are required to establish under the OPCAT.