Preventing Torture An Operational Guide for National Human Rights Institutions Introduction for users The Office of the United Nations High Commissioner for Human Rights (OHCHR), the Association for the Prevention of Torture (APT) and the Asia Pacific Forum of National Human Rights Institutions (APF) are pleased to present Preventing Torture: An Operational Guide for National Human Rights Institutions. This Guide aims to support and strengthen the work of national human rights institutions (NHRIs) – whether they are human rights commissions or ombudsman offices – in the prevention of torture, especially NHRIs that are fully compliant with the Paris Principles.1 While NHRIs that do not fully comply with the Paris Principles can still play an important role in the prevention of torture, fully compliant NHRIs are more able to engage in this preventive work with legitimacy, credibility and, therefore, with greater effectiveness.2 Rationale NHRIs are a vital part of strong national human rights protection systems and play a key role in linking the international and domestic human rights systems. Their mandate means that they can engage with all relevant actors at the national level, as well as interact with international mechanisms, in order to contribute to the prevention of torture. Although NHRIs have broad mandates which require them to protect and promote all human rights for all persons, there are strong arguments for NHRIs to devote special attention to the prevention of torture. Torture is one of the most horrendous violations of a person’s human rights. It is an attack on the very essence of a person’s dignity. However, while there is an absolute prohibition on torture under international law, it continues to be widely practised in all parts of the world. Combating torture therefore requires the active involvement of many actors, including NHRIs. A focus on prevention can present both challenges and opportunities for NHRIs. Most NHRIs operate predominantly as “reactive” bodies that respond to complaints brought to them by individuals or organizations, rather than initiating investigations or other preventive actions. While moving from this reactive focus can be challenging, it is important to note that NHRIs do have a mandate to undertake preventive actions, such as promoting legal reform, running training programmes and raising public awareness. Placing greater emphasis on torture prevention therefore offers NHRIs the opportunity to strike a balance between the different aspects of their mandate and to engage in preventive actions in a more strategic way. Monitoring places of detention is an area where NHRIs may experience the most difficulty in balancing their traditional protective mandate with a preventive approach. This might be particularly challenging for NHRIs that have been designated as the national preventive mechanism (NPM) under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The system of regular, unannounced, preventive visits established under the Optional Protocol obviously differs significantly in its objectives, scope and methodology from investigative visits carried out by NHRIs to document and respond to individual complaints. However, the Optional Protocol includes certain guarantees and powers that can help resolve this challenge. 1 Principles relating to the status of national institutions for the promotion and protection of human rights (General Assembly resolution 48/134 of 20 December 1993). 2 Today there are more than 100 NHRIs worldwide; 65 of which are accredited as being in compliance with the Paris Principles. Compliance is assessed through a thorough an accreditation process carried out by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), under the auspices of OHCHR. NHRIs that are deemed to comply with the Paris Principles are accredited with “A status” and enjoy special standing at the international level, in recognition of their legitimacy and effectiveness. Introduction for users | v