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ISTANBUL PROTOCOL I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS

8. The emphasis on preventing cruel, inhuman or or any statutes of limitation or pardons, amnesties or
degrading treatment is explained through its immunities; 19
interrelated relationship with torture. As observed
by the Committee against Torture, “in practice, the (d) Undertaking to exercise universal jurisdiction, that
definitional threshold between ill-treatment and is to investigate suspects under its jurisdiction and if
torture is often not clear … [and] the conditions necessary prosecute or extradite them, irrespective of
that give rise to ill-treatment frequently facilitate where the torture was committed and of the nationality
torture and therefore the measures required of the perpetrator or the victim, including through
to prevent torture must be applied to prevent making torture an extraditable offence and assisting
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ill-treatment.” In that regard, other forms of other States parties in connection with criminal
ill-treatment are also absolutely prohibited. proceedings brought in respect of torture; 20

9. Various United Nations human rights mechanisms (e) Implementing, in law and in practice, fundamental
have taken action to develop standards for the legal safeguards from the outset of detention, by
prevention of torture, including clarifying the ensuring, among other things, that all detained
obligation of States to investigate allegations of torture. persons are able, in practice, to have prompt access
to a qualified independent lawyer or free legal aid,
(a) Obligations related to the prevention of torture if necessary, especially during police interrogations;
to notify a relative or other person of the detainee’s
10. The international instruments cited above establish choice of the reasons for and place of detention; to
certain obligations with which States must challenge, at any time during the detention, the legality
comply to ensure the prevention of torture and or necessity of the detention before a magistrate who
other forms of ill-treatment. These include: can order the detainee’s immediate release and to
receive a decision without delay; and to exercise the
(a) Taking effective legislative, administrative, judicial right to request and receive a medical examination
or other measures to prevent acts of torture, whether by an independent medical doctor. In addition, States
committed by State or private actors in any territory must establish procedural safeguards such as ensuring
under its jurisdiction. No exceptional circumstances that detainees are held in officially recognized places of
whatsoever, including a state of war or threat of detention, keeping a full record of time, duration and
war, internal political instability or any other public location of arrest and detention; ensuring the names of
emergency, may be invoked as justification for torture persons responsible for detention are kept in registers
or ill-treatment; readily available and accessible to those concerned,
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including relatives and friends; and recording the time
(b) Not forcibly expelling, returning (refouler) or and place of all interviews of suspects, witnesses or
extraditing a person to a country where there are victims, together with the names of those present;
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substantial grounds for believing the person would be
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tortured or ill-treated. See below (paras. 112–116) (f) Establishing a system of regular visits carried out by
for a fuller explanation of non-refoulement; independent international and national bodies to places
in which persons are deprived of their liberty, including
(c) Criminalizing acts of torture, including complicity such places as prisons, police stations, hospitals, social
or participation therein, punishable by penalties care institutions, closed migration centres etc., with
accounting for the grave nature of the act; and the aim of preventing torture and ill-treatment and
ensuring acts of torture are not subject to prescription

16 Committee against Torture, general comment No. 2 (2007), para. 3.
17 Convention against Torture, art. 2 (1) and (2); Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment art. 3; and International Covenant on Civil and Political Rights, arts. 4 and 7.
18 Convention against Torture, art. 3; Committee against Torture, general comment No. 4 (2017), paras. 15–16 and 26; and International Covenant on Civil and Political Rights,
art. 7.
19 Convention against Torture, art. 4; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 7; Declaration on the Protection
of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 7; and Committee against Torture, general comment
No. 3 (2012), para. 40, and general comment No. 2 (2007), para. 5, “the Committee considers that amnesties or other impediments which preclude or indicate unwillingness
to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.”
20 Convention against Torture, arts. 5–9. Specifically, the duty to establish jurisdiction and jurisdiction by the State party (arts. 5–6); the obligation to prosecute or extradite
(arts. 5 and 7); the duty to extradite (art. 8); and mutual judicial assistance (art. 9).
21 CAT/C/RUS/CO/6, para. 11 (a)–(b).

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