Part II: Preventing torture: NHRIs in action Records with confidential information should be kept in a secure location at all times. As an additional precaution, NHRIs can consider identifying files by numbers, rather than by names, with the corresponding list of names filed separately from the substantive records. 3. Integrating gender in the investigations process It is important for NHRIs to ensure that gender perspectives and the goal of gender equality are integrated in each stage of the NHRI’s investigations into torture and other ill-treatment.85 This allows the NHRI better respond to and address gender-specific forms of torture and ill-treatment and the different experiences of women, men and people with diverse gender identities while working towards gender equality outcomes. It requires conscious and proactive efforts, which can include the following strategies:86 • Reviewing current practice: NHRIs can start by reviewing which cases of torture and other ill-treatment have been investigated so far and why. Are men’s cases investigated more, and if yes, why? Is torture and ill-treatment of women and LGBTI persons investigated? If yes, are these cases reflective of women’s and LGBTI persons’ experiences of torture and other ill-treatment in society? For example, has the NHRI investigated cases in the private sphere, where women are disproportionately affected? The NHRI may need to develop strategies for reaching out to women and LGBTI persons or initiating investigations into gendered forms of torture that would otherwise go unreported. • Applying a gender lens: This involves understanding how and why gender differences and inequalities are relevant to the case(s) of torture or other ill-treatment under investigation. NHRIs should consider whether the causes, circumstances or consequences of the alleged violation are gender specific. How could the investigation address these gender dimensions and contribute to equality? How could it address any harmful gender stereotypes, discriminatory social norms or power structures underlying the torture or ill-treatment? If the investigation is into torture or ill-treatment of men, NHRIs can consider how women are affected. What are women’s experiences in relation to this state agency or in this type of place of detention? Are there differences in coping mechanisms and access to remedies for men and women? NHRIs should develop gender sensitive tools and methodologies for investigations. A gender lens should be applied to how evidence is sought and analysed. • Including women and LGBTI persons in investigation design and ensuring visibility of women and LGBTI persons in leadership and investigation roles: this can help ensure gender perspectives are included and send a powerful message that the organisation is an inclusive space that values the knowledge, experience and expertise of women and LGBTI people. • Addressing cultural barriers to participation: NHRIs should be aware of and seek to address the range of barriers which can prevent women and LGBTI persons from making complaints or engaging with investigations into torture, including gender-based violence. These can include social norms regarding acceptable behaviour and role, fear of stigmatisation and reprisals and lack of information on rights. The NHRI can use its monitoring and/or awareness raising mandates and work with intermediaries to actively engage with women and LGBTI persons in detention and the community on the issue of torture. • Investigation teams that are reflective of society, with gender balance and gender expertise as far as possible. Measures such as secondment can help fill gaps in female staffing. Investigators should be trained on gender issues and how to interview vulnerable and/or traumatised witnesses. 85 See OHCHR, Integrating a Gender Perspective into Human Rights Investigations: Guidance and Practice (2018) on integrating gender into the preparation, investigation, analysis and reporting stages of human rights investigations. 86 Adapted from Asia Pacific Forum of National Human Rights Institutions, Undertaking Effective Investigations: A Guide for National Human Rights Institutions (updated 2018), Chapter 31: Gender mainstreaming the investigations process. 61

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