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ISTANBUL PROTOCOL VIII. IMPLEMENTATION OF THE ISTANBUL PROTOCOL

accountability through professional accountability Committee for the Prevention of Torture and the
proceedings initiated against individuals by Organization for Security and Cooperation in Europe –
the relevant professional bodies, such as bar and with experienced NGOs and other States.
associations, national medical and psychological
associations, and judges’ associations. In situations 681. States should also provide foreign assistance
in which an independent monitoring body finds for implementation of the Istanbul Protocol on
that individuals have performed their duties in the basis of support for development, the rule
violation of national criminal law or other relevant of law, security, cooperation, democratization
legislation (in either case where such legislation and nation-building, particularly in emerging
is consistent with international legal standards), or democracies and in the aftermath of long-
ethical or professional rules, recommendations for standing torture and ill-treatment practices.
disciplinary or criminal investigations or proceedings
should be initiated by the relevant authorities and
professional bodies and licensing agencies. G. Civil society

678. States should encourage and support the monitoring 682. While States have the primary responsibility for
activities of United Nations anti-torture and implementing Istanbul Protocol standards and the
other human rights bodies, regional anti-torture conditions necessary for the effective investigation
and human rights bodies and international and and documentation of torture and ill-treatment,
domestic human rights organizations in order civil society often plays the most critical role in
to effectively monitor and hold State officials facilitating implementation of the Istanbul Protocol.
accountable for torture and ill-treatment practices. During the past 20 years, members of civil society
have played a key role in the implementation of
679. States should ensure that their whistle-blower Istanbul Protocol standards. In a recent survey 539
protection policies cover medico-legal and health of 220 Istanbul Protocol stakeholders from 30
personnel who report the findings of their evaluations countries, participants reported using the Istanbul
of alleged torture and ill-treatment. States should Protocol in a broad range of activities related to
also ensure the protection of witnesses and of any the investigation and documentation of torture and
official or individual who reports a case of alleged ill-treatment and its prevention, accountability, and
torture or ill-treatment and sanction non-reporting redress and rehabilitation, as well as awareness-
of torture or ill-treatment by officials in situations raising and advocacy. Most respondents utilized the
in which confidential channels of reporting exist. Istanbul Protocol for advancing public knowledge,
compelling investigations, promoting the Istanbul
Protocol in national laws and policy reform,
F. Cooperation, coordination and campaigning and awareness-raising, and in legal
technical assistance investigations and medico-legal evaluations of
alleged torture or ill-treatment. The Istanbul Protocol
680. State cooperation, coordination and technical was also used as an intake tool for medical and
assistance with external actors is critical to the mental health treatment and rehabilitation. Other
successful implementation of Istanbul Protocol uses included research, education and screening or
standards and relevant conditions given the documenting other traumatic experiences, such as
responsibility of State actors for crimes of torture and child abuse or domestic violence. Members of civil
ill-treatment. States should coordinate activities to society have also played a key role in monitoring
implement the Istanbul Protocol in cooperation with and promoting implementation of the Istanbul
the assistance of multilateral institutions – such as the Protocol and in training State institutions, and
United Nations, particularly OHCHR, the Committee worked to ensure that capacity-building efforts also
against Torture, the Special Rapporteur on torture, include and benefit civil society, that clinicians in
the Subcommittee on Prevention of Torture, the civil society conduct clinical evaluations of alleged
Special Rapporteur on violence against women, ICRC, torture or ill-treatment and that clinical evidence
regional human rights bodies, such as the European

539 Rohini Haar and others, “The Istanbul Protocol: a global stakeholder survey on past experiences, current practices and additional norm setting”, Torture, vol. 29, No. 1 (2019),
pp. 70–84.

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