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VIII. IMPLEMENTATION OF THE ISTANBUL PROTOCOL ISTANBUL PROTOCOL

2. Political will (e) Legal defence of alleged victims;

647. One of the most important conditions for the effective (f) Prohibition of the use in any proceedings of
investigation and documentation of torture and evidence obtained as a result of torture or ill-treatment;
ill-treatment is the necessary political will at the
national level in all relevant government agencies (g) Sanctions against perpetrators and those who are
to eradicate torture and ill-treatment, including complicit;
commitments from actors within institutions such as
law enforcement, security and counter-terrorism forces, (h) Measures to protect and promote the rights of
forensic and medical services, the judiciary, prisons and persons deprived of their liberty with special needs;
government departments to implement administrative,
legislative and judicial reform. Political will should be (i) Systematic monitoring of practices that may amount
demonstrated through consistent, comprehensive and to torture or ill-treatment;
sustained action. Limited remedial actions, such as
training for one or more target groups in the absence (j) Accountability and follow-up by government
of other substantive policy reforms, represents an officials when torture or ill-treatment is alleged;
inadequate commitment on behalf of State actors and
may even be a deliberate attempt to placate calls for (k) Procedural safeguards and mechanisms of
effective remedial action. Evidence of the political accountability to address the possibility of reprisals
will necessary to end torture practices often includes against alleged victims;
acknowledgement by the State of the nature and extent
of torture and ill-treatment practices, a policy of “zero (l) Redress, including rehabilitation, for victims of
tolerance” as regards torture and ill-treatment, and a torture or ill-treatment.
national plan of action that includes implementation of
the Istanbul Protocol and is based on a comprehensive 649. The ability of a State to conduct effective investigations
assessment of the nature and extent of torture and documentation of torture and ill-treatment
and ill-treatment practices. The implementation often depends on a functional criminal justice
guidance elaborated in this chapter may serve as a system, including legislation that makes torture
model for national plans of action. Ultimately, the and ill-treatment, defined in accordance with the
measure of an effective policy to combat torture and Convention against Torture or other relevant
ill-treatment will be the State’s ability to prevent international treaties, 532 a specific criminal offence,
such crimes, to hold perpetrators accountable and the existence of criminal procedure rules and rules
to afford victims the redress that they deserve. of evidence that respect the rights of detained and
accused persons, a demonstrated willingness and
3. An effective criminal justice system ability to eradicate corruption and formal and
practical separation between law enforcement, medical
648. Criminal justice systems often face a wide range personnel and judicial personnel. State forensic
of challenges in effectively ensuring, inter alia: services should be independent of law enforcement,
prosecution and/or military authority. Non-
(a) Fundamental safeguards during arrest and governmental clinicians should be empowered to assess
detention; physical and psychological evidence in accordance
with Istanbul Protocol standards. The Istanbul
(b) Investigation and prosecution of torture and Protocol and its Principles provide a normative
ill-treatment; framework for legal systems, particularly criminal
justice systems, aiming at ensuring the prevention of
(c) Medico-legal evaluations of alleged victims; torture and ill-treatment, accountability and redress.

(d) Law enforcement investigations of alleged crimes
without relying on recourse to torture or ill-treatment
as a means to obtain confessions;

532 States might adopt other definitions that provide more protection than article 1 of the Convention against Torture (e.g. the Inter-American Convention to Prevent and Punish
Torture).

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