Preventing Torture An Operational Guide for National Human Rights Institutions Situations of risk Any situation where a person is deprived of his or her liberty and when there is an imbalance of power, in which one person is totally dependent on another, constitutes a situation of risk.11 The risk of being tortured or ill-treated is higher at certain times during the period of a person’s detention, such as the initial period of arrest and police custody, as well as during transfer from one place of detention to another. Situations where persons deprived of their liberty are held out of contact with others can also increase the risk of torture or ill-treatment, in particular incommunicado detention or solitary confinement. The risk of torture and other forms of ill-treatment exists within any closed facility; not only prisons and police stations but also, for example, psychiatric facilities, juvenile detention centres, immigration detention centres and transit zones in international ports. Potential victims It can be difficult to identify persons or groups who are at greater risk of torture and ill-treatment, as this can vary significantly according to the national context. In fact, any person could potentially be at risk. In general, however, vulnerable and disadvantaged groups within society – such as minority groups (racial, ethnic, religious or linguistic), women, minors, migrants, people with disabilities, the homeless and the poor – commonly face a higher risk of torture and ill-treatment. An effective preventive strategy requires a certain level of political will to combat torture, which is publicly stated and able to be monitored. In an environment where torture is systematically used to silence political opposition, prevention initiatives are likely to fail or be used for political propaganda. It is important to stress that no State is immune from the risk of torture and ill-treatment. As a result, there is always a need to be vigilant and to develop and implement effective preventive strategies. 3. The three components of an integrated preventive strategy The development of a comprehensive strategy for torture prevention requires an integrated approach, composed of three interrelated elements: • a legal framework that prohibits torture • effective implementation of this legal framework • mechanisms to monitor the legal framework and its implementation. The fight against torture has, for a long time, focused on the first two elements of this strategy, in particular the enactment of laws and litigation of cases. An effective legal framework is an essential part of any programme to combat torture. However, the mere existence of laws and regulations is not sufficient to prevent torture; they also need to be properly understood and rigorously applied. A significant emphasis has also been placed on ending impunity (exemption from punishment for a criminal act) through the use of national and international criminal law. This line of action is an important indirect prevention strategy that must be complemented by other approaches to effectively address the root causes of torture. This is why an integrated torture prevention strategy requires a third element, which is focused on direct prevention and employing non-confrontational and non-judicial control mechanisms. These mechanisms 11 See the concept of “powerlessness” developed by the Special Rapporteur on Torture (E/CN.4/2006/6, paras. 39 and 40). Article 10.1 of the International Covenant on Civil and Political Rights establishes a link between the rights to liberty and personal integrity and states that “[a]ll persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” 4 | Introduction: The concept of torture prevention and its application