Part II: Preventing torture: NHRIs in action
• enact legislation asserting jurisdiction over the extra-territorial
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.
The Convention on the Elimination of All Forms of Discrimination against Women is particularly relevant
for addressing torture and ill-treatment against women and girls.
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.
Insights from practice:
Since 2016, the Human Rights Commission of Malaysia (SUHAKAM) has been collaborating
with the APT, Suara Rakyat Malaysia (SUARAM), Amnesty International Malaysia (AIM), the Bar
Council and Lawyers for Liberty (LFL) to implement a national campaign against torture, called
“ACT4CAT”. The campaign helped intensify the government’s readiness to sign the UNCAT in the
near future. SUHAKAM also conducted UNCAT awareness raising campaign with key stakeholders,
including the authorities, using issues such as treatment of detainees under pre-trial detention as
entry points for advocacy.
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