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INTRODUCTION

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The Convention against Torture and Other Cruel, the world. The striking disparity between the absolute
Inhuman or Degrading Treatment or Punishment, which prohibition of torture and its prevalence in the world
was adopted by the General Assembly in 1984, has today demonstrates the continued need for States to
been ratified by almost every country in the world. The identify and implement effective measures to protect
Convention against Torture provides, in article 1 thereof, an individuals from torture and ill-treatment. This manual
internationally agreed legal definition of torture, namely: was developed to enable States to address one of the
most fundamental concerns in protecting individuals
any act by which severe pain or suffering, whether from torture – effective investigation and documentation.
physical or mental, is intentionally inflicted on a Documentation brings evidence of torture and ill-treatment
person for such purposes as obtaining from him or a to light so that perpetrators may be held accountable for
third person information or a confession, punishing their actions and the interests of justice may be served.
him for an act he or a third person has committed During the past 20 years, the investigation and
or is suspected of having committed, or intimidating documentation standards of the Istanbul Protocol have
or coercing him or a third person, or for any reason served to bridge the gap between the obligations of States
based on discrimination of any kind, when such under the Convention against Torture and international
pain or suffering is inflicted by or at the instigation law to investigate and document torture and ill-treatment
of or with the consent or acquiescence of a public and the lack of normative guidance, particularly in relation
official or other person acting in an official capacity. to medico-legal investigation and documentation of
It does not include pain or suffering arising only torture. The Istanbul Protocol is an effective instrument
from, inherent in or incidental to lawful sanctions. to address impunity for torture and ill-treatment, as it
sets out specific provisions on how effective legal and
Torture is one of the most heinous crimes known to clinical investigation and documentation into allegations
humanity not only because it involves the intentional of torture or ill-treatment should be carried out, which
infliction of severe physical and mental pain, but because is necessary to bring perpetrators to justice. The Istanbul
it is committed by officials or with the acquiescence of Protocol contains a series of Principles that articulate
a State and often concealed effectively to prevent justice minimum standards for State adherence to ensure the
and accountability. As a result of torture, victims endure effective investigation and documentation of torture and
profound physical and mental pain and suffering, while ill-treatment, which are further elaborated in the manual.
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the reality of the crime perpetrated against them is often The investigation and documentation standards contained
dismissed in judicial and administrative proceedings in the Istanbul Protocol are not presented as an inflexible
and unpunished. Torture is a profound concern for the or exhaustive protocol, but represent minimum standards
world community because it seeks to destroy not only that should be applied taking into account specific contexts.
the physical and emotional well-being of individuals but While the Istanbul Protocol initially served to elaborate the
also, in some instances, the dignity and will of families obligations of States under the Convention against Torture
and entire communities. It concerns all members of the and international law to investigate and document torture
human family because it impugns the very meaning of and ill-treatment, it has been used in a broad range of
our existence and our hopes for a brighter future. 4 anti-torture activities throughout the past 20 years including
Although international human rights and humanitarian advocacy, training and capacity-building, policy reform,
law consistently prohibit torture and other cruel, inhuman prevention, and treatment and rehabilitation of torture
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or degrading treatment or punishment (“torture and survivors. It is important to note that the documentation
ill-treatment”) under any circumstance (see chap. I), these methods contained in the Istanbul Protocol are applicable
acts continue to be practised with impunity throughout to many contexts, such as human rights investigations and

4 Vincent Iacopino, “Treatment of survivors of political torture: commentary”, Journal of Ambulatory Care Management, vol. 21, No. 2 (1998), pp. 5–13.
5 Amnesty International, Torture in 2014: 30 Years of Broken Promises (London, 2014), p. 10. See also A/73/207, para. 76.
6 The Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are annexed to General Assembly
resolution 55/89.
7 Rohini Haar and others, “The Istanbul Protocol: a stakeholder survey on past experiences, current practices and additional norm setting”, Journal on Rehabilitation of Torture
Victims and Prevention of Torture, vol. 29, No. 1 (2019).

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