Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition 3. Reforming detention procedures and implementing safeguards The 2016 research ‘Does torture prevention work?’ showed that detailed and concrete procedures are not only required to ensure that the legal framework is implemented in practice but are the most effective in reducing torture. Some most important legal safeguards need to be included in the law itself. Torture nearly always takes place in secret. Early hours of custody and interrogation represent moments of heightened risks of torture and ill-treatment. Promoting greater transparency of places of deprivation of liberty and implementing legal and procedural safeguards from the first hours of deprivation of liberty are substantial steps towards prevention because they remove many of the opportunities for torture to occur and help reduce the risk of ill-treatment of persons deprived of their liberty.64 Recent soft law standards have been adopted by the United Nations and regional bodies that clarify State obligations to implement safeguards.65 Following the 2016 call by Juan Mendez, the former Special Rapporteur on Torture,66 a multidisciplinary group of experts adopted the Principles on Effective Interviewing for Investigations and Information Gathering, also called the ‘Mendez Principles’.67 This document proposes a set of six principles on non-coercive and rapport-based interviews combined with the effective implementation of legal and procedural safeguards throughout the interview process. Women, girls and LGBTI persons are particularly at risk of torture and ill-treatment in detention including rape and other acts of sexual and gender-based violence and humiliation, inflicted by staff and other detainees. Societal discrimination is replicated and amplified in detention contexts. In systems that have largely been designed for men, women’s gender-specific needs, backgrounds, characteristics and pathways into the criminal justice system are often ignored. Specific safeguards and services are required to address the distinct needs of women and LGBTI detainees and to ensure their protection. NHRIs should actively promote and support the adoption of detention procedures that bring greater transparency and provide practical safeguards, including for women, LGBTI persons and other groups in situations of vulnerability in detention. 3.1. Detention procedures contributing to transparency It is widely recognised - and confirmed by empirical research - that one of the most important measures to prevent torture is ensuring effective access by all persons deprived of liberty to all legal and procedural safeguards during the first hours and days of custody. The Committee against Torture, the Human Rights Committee and other international68 and regional mechanisms therefore recommend the adoption of a number of legal and procedural safeguards that aim to reduce the risk of torture and ill-treatment in detention.69 48 64 See Richard Carver, Lisa Handley, Does torture prevention work?, Liverpool University Press, 2016. 65 See Human Rights Council, Resolution 46/15 (23 March 2021) and Resolution 31/31 (24 March 2016); 2017 Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (Luanda Guidelines; EU Directives introducing safeguards during criminal proceedings (see under Chapter 3, Section 3). 66 Report of the Special Rapporteur on Torture A/71/298. 67 Available on www.apt.ch 68 See for example, the Human Rights Council’s Resolution on ‘Torture and other cruel, inhuman or degrading treatment or punishment: safeguards to prevent torture during police custody and pretrial detention’ adopted on 24 March 2016; and the UN Subcommittee on Prevention of Torture’s reports to States on country visits. 69 See the Committee against Torture’s general comment No. 2 on the implementation of article 2, para.13;. Human Rights Committee’s general comment No. 20 concerning prohibition of torture and cruel treatment or punishment (article 7) and general comments No. 35 on the right to liberty and security of the person (article 9).