Part II Preventing torture: NHRIs in action | Section I Promoting an effective legal framework
the Convention against Torture and the Optional Protocol. In particular, they should stress the
importance of individuals having a right to make a complaint to relevant international bodies
and therefore the importance of their States becoming party to the First Optional Protocol to
the International Covenant on Civil and Political Rights and making a declaration under article
22 of the Convention against Torture.
Legislative implementation of international obligations in domestic law
NHRIs should urge their State to:
• include a comprehensive definition of the term torture in domestic legislation
• ensure that torture is a specific criminal offence under domestic law
• recognize customary international law as informing domestic law
• give legislative effect to the non-refoulement principle, including the prohibition of the
return of person to a country in which they may face torture or other cruel, inhuman or
degrading treatment or punishment
• enact legislation asserting jurisdiction over the extraterritorial acts of torture committed
by nationals and non nationals.
Interrogation standards
NHRIs should promote the Minimum Interrogation Standards (MIS) developed by the ACJ and
work to make sure that public officials involved in interrogations are fully informed with regard
to these MIS and trained to use them effectively.
Introduction
A country’s legal framework provides the foundation for any effective strategy to prevent torture. This
legal framework includes international treaties that the State has ratified, as well as domestic laws that
it has enacted.
NHRIs have an important role to play in promoting the ratification of relevant international human rights
treaties. They also have a strong advisory mandate that allows them to review existing legislation,
propose amendments or recommend new legislation to support the prevention of torture.
In addition, NHRIs can advocate for detention procedures that meet international norms and provide
effective safeguards.
1. Promoting ratification of international treaties
NHRIs should review whether their country has ratified all key international treaties related to torture,
and in particular:
• the Convention against Torture (including articles 21 and 22) and its Optional Protocol
• the International Covenant on Civil and Political Rights and its Optional Protocol
Where appropriate, regional treaties should also be considered (see chapter 2 for more information).
If a State has not ratified these core treaties, NHRIs can develop and pursue a strategy to promote
ratification. This can include making a formal recommendation to the Government to ratify certain treaties,
actively lobbying governmental and parliamentary representatives and building public awareness on the
issue.
Chapter 3: Promoting legal and procedural reforms | 29