Page 194 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

VIII. IMPLEMENTATION OF THE ISTANBUL PROTOCOL ISTANBUL PROTOCOL

B. Towards effective implementation the transfer of implementation activities to local
of the Istanbul Protocol civil society and State actors, institutionalization

of Istanbul Protocol standards and practices and
654. Those who have worked to implement Istanbul monitoring of the outcome of implementation
Protocol standards have found it useful to efforts. The specific goals in phase III include: (a)
envisage three complementary activities towards transferring capacity-building and policy reform
implementation – assessment, capacity-building and activities to local civil society and State actors;
policy reform – that are applied in interdependent (b) integrating best practices into government and
phases. It is important to note that successful professional institutions; (c) enhancing regional
implementation of activities within these phases networking and collaboration; and (d) monitoring
does not require strict sequential application. the quality and accuracy of forensic and medico-legal
Examples of successful implementation of the evaluations of alleged torture or ill-treatment.
Istanbul Protocol have included, but are not limited
to, the following phases of goals and activities.
C. Legal, administrative
1. Phase I and judicial reforms

655. In the initial phase, torture prevention stakeholders 658. In many countries, States practice torture and
typically face the challenges of developing a ill-treatment with impunity because legal and judicial
common understanding about the nature and systems do not have a normative framework and
extent of the problem of torture and ill-treatment, institutional safeguards in place to prevent violations
the importance of Istanbul Protocol standards and and guarantee accountability and redress. In some
the need to establish functional partnerships. The instances, they have provisions that actually facilitate
primary goals of this phase include: (a) assessing torture and ill-treatment. Criminal justice systems that
prevailing country-specific conditions and challenges; rely heavily on confessions as primary evidence in
(b) raising awareness about Istanbul Protocol court proceedings may intentionally or unintentionally
standards among relevant government and civil facilitate torture and ill-treatment. In order for the
society stakeholders; and (c) developing partnerships investigation and documentation practices outlined
among government stakeholders, civil society in the Istanbul Protocol to be effective, States might
and international human rights organizations. need to carry out legal, administrative and judicial
reforms, including defining and criminalizing acts
2. Phase II of torture and ill-treatment in accordance with
the obligations of the Convention against Torture
656. In the second phase, the primary goals involve the and other relevant international treaties; ratifying
transfer of essential knowledge and skills, as well and ensuring effective implementation of the
as taking steps to implement policy reforms. The Optional Protocol to the Convention against Torture
specific goals in phase II include: (a) developing and the establishment of national preventative
sustained capacity to use Istanbul Protocol standards mechanisms and other independent and effective
to investigate and document alleged torture and monitoring bodies. States should further ensure the
ill-treatment among relevant target groups (State appropriate application of criminal statutes on torture
forensic experts, civil society clinical and forensic and ill-treatment and that their application is not
experts and other health professionals, prosecutors, precluded by lesser statutes on the abuse of power
lawyers and judges); (b) instituting policy reforms by State officials or injuries caused by State officials
to ensure effective investigation and documentation or by imposition of administrative sanctions. In
of torture and ill-treatment; and (c) developing a addition, States should ensure that rules of evidence
national anti-torture plan of action that includes exclude the admission of statements made under
implementation of the Istanbul Protocol. torture and ill-treatment and of all other evidence
obtained as a result of such violations. One of the
3. Phase III most effective ways to prevent false confessions
under torture or ill-treatment is to require that the
657. After establishing a framework for sustained capacity- process of obtaining self-incriminating statements
building and identifying the necessary remedial policy be conducted in the presence of a judge after the
reforms, effective implementation usually requires detainee has had independent legal counsel.

157