Introduction: the concept of torture prevention and its application and other forms of ill-treatment exists within any closed place; not only prisons and police stations but also, for example, psychiatric facilities, juvenile detention centres, immigration detention centres, transit zones in international ports, social care homes, quarantine centres, unofficial secret places and overseas/offshore detention or even homes for elderly. The risk of being tortured or ill-treated is higher at certain moments during the period of a person’s detention, such as the initial period of arrest, apprehension, stop and search, police questioning and custody, as well as during transfer from one place of detention to another and forced deportation. Other situations such as public demonstrations or enforcement of special measures such as state of emergencies or curfews, can also increase the risk of torture or ill-treatment. Specific practices also condone or increase the risk of torture or ill-treatment, in particular incommunicado detention or solitary confinement, disciplinary sanctions, reprisals, use of restraints, involuntary placement, capital punishment, body searches, corporal punishment and the use of force to police assemblies. 1.2.4 Persons in situations of vulnerability facing heightened risks Any person deprived of liberty is in a situation of vulnerability. It can therefore be difficult to identify persons or groups who are at greater risk of torture and ill-treatment. This can also vary significantly according to the national context. In general, however, certain persons commonly face a higher risk of torture and ill-treatment due to factors such as their gender, age, gender identity or expression, sexual orientation, migration status, nationality, economic status, disability and drug use. An effective preventive strategy therefore requires a careful analysis of the risk factors that reinforce a person’s vulnerability to torture and ill-treatment, as well as their interplay and the way all these factors intersect for each person in their unique circumstances. For example, women in detention face a high risk of ill-treatment and torture and are exposed to gender-based violence. Such violence is directed against a woman because she is a woman and it affects women disproportionately. Women from indigenous or ethnic minority groups, women with disabilities, lesbian and trans women are often proportionally overrepresented in detention and face additional challenges and risks of abuse and discrimination once deprived of liberty. 1.3 Holistic approach to torture prevention Torture prevention, to be effective, requires a holistic approach. It seeks to address the root causes of torture by engaging in a meaningful and sustained dialogue with a wide range of authorities in order to achieve the desired changes, rather than through denunciation or public condemnation. It is forwardlooking and often aims at changing laws and practices over time with mid-term or long-term goals based on concrete solutions that mitigate the risks of torture. Torture prevention requires a combination of interrelated interventions at three different levels in order to create an environment where torture and ill-treatment are less likely to occur: • 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 strategy to combat torture. However, as reaffirmed by the independent research on torture prevention, the mere existence of laws and regulations is not sufficient to prevent torture; they also need to be properly understood and complemented by concrete measures to ensure they are 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 13

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