Preventing Torture An Operational Guide for National Human Rights Institutions These definitions, while instructive, are insufficient to properly define the concept of prevention in relation to torture and other forms of ill-treatment. At a time where many interventions in the fight against torture are described as “prevention”, it is important to distinguish between two different forms of torture prevention. This distinction is based on when the intervention occurs and the approach that is employed. Direct prevention (mitigation) aims to prevent torture from occurring by reducing the risk factors and eliminating possible causes. This intervention happens before torture takes place and aims to address the root causes that can lead to torture and ill-treatment, through training, education and regular monitoring of places of detention. Direct prevention is forward-looking and, over the long term, aims to create an environment where torture is not likely to occur.10 Indirect prevention (deterrence) takes place once cases of torture or ill-treatment have already occurred and is focused on avoiding the repetition of such acts. Through investigation and documentation of past cases, denunciation, litigation, prosecution and sanction of the perpetrators, as well as reparation for victims, indirect prevention aims to convince potential torturers that the “costs” of torturing are greater than any possible “benefits”. It is important to bear this distinction in mind as these two approaches employ very distinct strategies and methodologies. They are, however, complementary and both should form part of an integrated programme to prevent torture. 2.2. Analysing the risk factors In order to effectively address the root causes of torture and other forms of ill-treatment, a direct preventive strategy should begin with a thorough analysis of risk factors (those conditions that increase the possibility of torture occurring). The general political environment is an important factor to consider, as a lack of political will to prohibit torture, a lack of openness of governance, a lack of respect for the rule of law and high levels of corruption can all increase the risk of torture. The same is true for the social and cultural environment. Where there is a culture of violence, or high public support to “get tough” on crime, the risk of torture occurring is also increased. The national legal framework should also be analysed. In countries where torture is prohibited in the Constitution and in law, as well as being a specific offence under the criminal code, the risk of torture might be lower than in countries where this is not the case. The analysis should also focus on the rules and regulations that apply to places where persons are deprived of their liberty, as well as the existence of appropriate legal safeguards. In addition, the way in which the legal framework is implemented in practice should be closely analysed. The organization and functioning of the criminal justice system is another important factor to consider. The level of independence of the judiciary, as well as the level of reliance on confessions in the criminal justice system, will have a direct influence on the risk of torture. As the risk of torture is higher during the initial period of detention, particular attention should be paid to law enforcement authorities. In this regard, the institutional culture, the role and functioning of the police and recruitment and training processes for officers can all positively or negatively influence the risk of torture. Finally, the overall institutional environment should be included in the analysis. The level of accountability and transparency of the authorities, the existence of public policies regarding crime prevention and the effectiveness of complaints mechanisms are factors that can reduce the risk of torture, along with effective independent external actors, such as NHRIs and civil society organizations. 10 In the medical field, this is called “primary prevention” (i.e. all the measures taken to reduce the risk of occurrence of a disease). Introduction: The concept of torture prevention and its application | 3