Preventing Torture An Operational Guide for National Human Rights Institutions
can include, for example, regular and unannounced monitoring of places of detention by independent
bodies and public education campaigns to build community awareness and support for the prevention
of torture and ill-treatment.
This integrated preventive strategy can be depicted in the form of a house, where the legal framework
forms the foundation, implementation of the framework creates the walls and the control mechanisms
provide the protective roof.
Control mechanisms
Visits to places of detention
International human rights bodies
Public awareness campaigns
Implementation
Procedural safeguards
Training of public officials
Fight against impunity
Legal framework
Ratification of international treaties
Prohibition and criminalization of torture
Legal safeguards
Existence of a comprehensive legal framework
A strong legal framework to prohibit torture is a critical component of any torture prevention strategy.
The legal framework should reflect relevant international human rights standards and include specific
provisions to prohibit and prevent torture.
States can draw on the international legal framework by:
• ratifying relevant international human rights treaties
• integrating international human rights treaties into national law
• respecting soft law12 in relation to the prohibition of torture and deprivation of liberty.
12
“Soft law” is a term used to refer to documents which are not binding at international law (i.e. whose status is less than that of
a treaty concluded under the 1969 Vienna Convention on the Law of Treaties). Examples include resolutions of bodies such as
the General Assembly and Human Rights Council, as well as action plans, codes of practice, guidelines, rules or statements of
principles produced by international or regional expert meetings. Treaty bodies’ jurisprudence and concluding observations can
also be considered as soft law. Such instruments and recommendations have an undeniable moral force and provide practical
guidance to States in their conduct. Their value rests on their recognition and acceptance by a large number of States and,
even without binding effect, they may be seen as declaratory of broadly accepted goals and principles within the international
community.
Introduction: The concept of torture prevention and its application | 5