Objectives
- To understand basic definitions of torture and other forms of cruel, inhuman and degrading treatment or punishment.
- To familiarize students with the international legal standards on the prohibition of torture and ill-treatment
- To obtain a clear understanding of the torture practises in the world today and relevant country-specific practises.
- To be familiar with international and regional monitoring mechanisms.
- To understand basic torture prevention and accountability measures, including specific safeguards for those deprived of their liberty.
- To identify international and country specific needs for prevention and accountability measures, including specific safeguards for those deprived of their liberty.
- To identify country-specific challenges in preventing torture and holding perpetrators accountable including effective remedial measures in this regard.
Content
- Definition of torture and ill-treatment
- Brief review of the purpose of torture and its history
- Review of relevant international standards for torture prevention
- Torture in the world today, including practises, the role of state and non-state actors, common situations for allegations
- Review of country-specific legal standards and torture practises [to be provided by Instructors]
- Overview of prevention and accountability measures
- International and regional monitoring mechanisms and formal inspections of detention facilities
- Human Rights Committee
- UN Committee against Torture
- Regional monitoring mechanisms
- Other monitoring mechanisms
- The UN Special Rapporteur
- International criminal courts and tribunal
- The International Committee of the Red Cross (ICRC)
- Safeguards against torture for those deprived of their liberty
- Notifying people of their rights
- Use of officially recognised places of detention
- Humane conditions of detention
- Limits on interrogation
- Access to a doctor
- The right to challenge the lawfulness of detention
- Safeguards for special categories of detainees
- Women in detention
- Juvenile detainees
- People with mental health problems
Discussion Topics
- Compare and contrast similarities and differences between international standards and national legislation
- Develop a 10-12 point country-specific plan for torture prevention and accountability
- Discuss how international, regional and national organisations can work together for the effective investigation and prevention of torture.
- Discuss the role of health professionals in torture prevention and accountability.
- Discuss the relationship between human rights and human security in general, and specifically with regard to national anti-terror policies/practises and torture.
Teaching Formats
- Group Activity:
- Divide the class into several groups and assign each group with one or more (or all) of the Discussion Topics listed above.
- A facilitator should be identified to moderate the discussion and rapporteur should be identified to record the group’s findings and report them when the class reconvenes.
- After 20-30 minutes of group discussion, the entire class should reconvene
- Rapporteurs should briefly report on their group’s findings
- Open class discussion
- Individual Research/Assignment(s):
- Conduct literature research on the psychology of abuse and write a two-page essay analyzing different theories. Provide your opinion with supporting information
- Develop a 10-12 point, country-specific plan for torture prevention and accountability
- Develop a country-specific list of organisations and bodies relevant to torture and ill-treatment
- Journal Entry: (Instructor to assign students to write a few paragraphs — no more than a page on one or more of the following)
- Respond to one or more of the Discussion Topics
- Why do you think health professionals should or should not be concerned about torture and ill-treatment?
Primary Resources
- The Istanbul Protocol, Chapters I and III, Annex I
- The Torture Reporting Handbook
- Action Against Torture: A Practical Guide to the Istanbul Protocol for Lawyers
- Medical Investigation and Documentation of Torture: A Handbook for Health Professionals
- Combating Torture: A Manual for Judges and Prosecutors
- The Torture Reporting Handbook
Section Contents
- Torture
- What is Torture
- Purpose of Torture
- History of Torture
- Other Definitions
- Cruel Inhuman & Degrading Treatment & Punishment (CID)
- Prohibition of Torture in International Law
- The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984
- Torture in the World Today
- Country-Specific Legal Standards and Torture Practices
- The Perpetrators
- Common Situations for Torture Allegations
- Where Does Torture and Ill-treatment Occur?
- Obligation to Investigate and Bring Justice
- Formal Inspection of Detention Facilities
- Official Complaints to Human Rights Bodies and Other Organizations
- Recently Released Detainees
- NGO Information Gathering
- Late Allegations
- Prevention and Accountability
- International Supervisory Machinery and Complaints Procedures
- The Human Rights Committee
- The UN Committee against Torture
- Regional Mechanisms
- Other monitoring mechanisms
- The UN Special Rapporteur on Torture and other Cruel, Inhuman and Degrading Treatment or Punishment
- International criminal courts and tribunals
- The International Committee of the Red Cross (ICRC)
- Safeguards Against Torture for Those Deprived of Their Liberty
- Notifying people of their rights
- Use of officially recognized places of detention and the maintenance of effective custody records
- Avoiding incommunicado detention
- Humane conditions of detention
- Limits on interrogation
- Access to a lawyer and respect for the functions of a lawyer
- Access to a doctor
- The right to challenge the lawfulness of detention
- Safeguards for special categories of detainees
- Module 1 Presentation: International Legal Standards
- Self-Assessment and Quiz