Preventing Torture An Operational Guide for National Human Rights Institutions
The United Nations Convention against Torture also places an explicit obligation on States parties to
prevent torture and other forms of ill-treatment. According to article 2.1, “[e]ach State Party shall take
effective legislative, administrative, judicial and other measures to prevent acts of torture in any territory
under its jurisdiction”, while article 16 requires that “[e]ach State Party shall undertake to prevent (…)
other acts of cruel, inhuman or degrading treatment or punishment.” Its Optional Protocol sets out a
mechanism to assist States parties to meet these obligations by establishing a system of regular visits
to places of detention by independent international and national bodies.
Although States have a duty to prevent torture, it is often not applied in practice and there is commonly
a lack of understanding about the concept of torture prevention. This introduction defines torture
prevention, outlines an integrated strategy to prevent torture and describes the preventive role that
NHRIs can play.
2. What does “Torture prevention” mean?
2.1. Defining “prevention of torture”
According to the Chambers Dictionary, “to prevent” means “to stop (someone from doing something, or
something from happening), to hinder, to stop the occurrence of, to make impossible, to avert.”
In public health, prevention is a common strategy in the fight against diseases, aimed at avoiding the
emergence, development and spread of epidemics.
Image: International Committee of the Red Cross / Fred Clarke
Crime prevention “comprises strategies and measures that seek to reduce the risk of crimes occurring,
and their potential harmful effects on individuals and society by intervening to influence their multiple
causes.”9
9
United Nations Guidelines for the Prevention of Crime, Economic and Social Council resolution 2002/13, para. 3. The paragraph
continues: “The enforcement of laws, sentences and corrections, while also performing preventive functions, falls outside the
scope of the Guidelines.”
2 | Introduction: The concept of torture prevention and its application