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ISTANBUL PROTOCOL VIII. IMPLEMENTATION OF THE ISTANBUL PROTOCOL

4. Adequate financial and human resources international institutions, including the United Nations
and other multilateral organizations, and NGOs.
650. States should ensure adequate financial and human Such cooperation depends greatly on the extent to
resources to maintain progressive implementation which a State demonstrates the sustained political will
of Istanbul Protocol standards and the conditions necessary to end torture and ill-treatment practices.
necessary for effective implementation, including Such cooperation may be facilitated by agreements or
qualified legal and medico-legal personnel and, conditioned on mutually agreed evidence of political
in particular, an adequate number of health will and sustained progress. Cooperation agreements
professionals with appropriate clinical qualifications and partnerships help to establish trust and a common
(see paras. 303–308 above), including mental health understanding of challenges and the remedial action
clinicians, and a commitment to medical ethics. that needs to be taken. Such cooperation allows for a
Ensuring such human resources usually requires wide range of technical assistance activities, including
sustained financial support over a number of years. identifying practices and policies that facilitate torture
or ill-treatment, establishing an official national plan of
5. Good governance action for the prevention of torture and ill-treatment,
accountability and redress, comprehensive capacity-
651. The way in which States govern is relevant to building of relevant target groups, and monitoring
achieving meaningful human rights reform. Torture of the effectiveness of implementation efforts,
and ill-treatment are acts of violence and represent the including effective investigation and documentation
antithesis of good governance. According to OHCHR, practices regarding torture and ill-treatment.
good governance encompasses: “full respect of human
rights, the rule of law, effective participation, multi- 7. Active civil society participation
actor partnerships, political pluralism, transparent and
accountable processes and institutions, an efficient and 653. Those who have worked to implement Istanbul
effective public sector, legitimacy, access to knowledge, Protocol standards understand from their collective
information and education, political empowerment of global experiences that the State crimes of torture and
people, equity, sustainability, and attitudes and values ill-treatment are unlikely to change in the absence of
that foster responsibility, solidarity and tolerance”. 533 active civil society participation. States that commit
In addition, “good governance is the process whereby torture and ill-treatment often use State power to
public institutions conduct public affairs, manage conceal these crimes and resist reform. States that
public resources and guarantee the realization of are committed to ending torture and ill-treatment
human rights in a manner essentially free of abuse and should welcome and facilitate the active engagement
corruption, and with due regard for the rule of law.” 534 with civil society organizations, movements,
Good governance is not only critically important in the professional organizations and leaders on action
process of implementing Istanbul Protocol standards, against torture, including implementation of the
it often serves as the remedy to the conditions that Istanbul Protocol. States should also encourage and
facilitate torture and ill-treatment. Successful remedial support a national network of non-governmental
anti-torture actions, including implementation of the clinicians to conduct clinical evaluations of alleged
Istanbul Protocol, therefore depend on a Government’s torture, review the quality and accuracy of State
capacity for transparency, accountability, functional evaluations and participate in policy reform,
institutions, capacity-building, checks and balance capacity-building and public education activities.
of institutions of control, the rule of law, and States should also ensure that non-State legal and
active participation of civil society organizations, clinical actors have appropriate access to all relevant
movements and leaders to engage with State actors. information, such as case files, investigations and
alleged victims, in medico-legal cases of alleged
6. Cooperation torture or ill-treatment as well as deaths in custody.

652. Taking action to end torture and ill-treatment practices
involves cooperation among national, regional and

533 See www.ohchr.org/EN/Issues/Development/GoodGovernance/Pages/AboutGoodGovernance.aspx.
534 See the good governance and human rights section of the OHCHR website (www.ohchr.org/en/good-governance). See also United Nations Development Programme,
Towards Human Resilience: Sustaining MDG Progress in an Age of Economic Uncertainty (New York, 2011), chap. 8 on governance principles; and Council of Europe, “12
principles of good democratic governance” (2018).

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