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ISTANBUL PROTOCOL I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS

41. The respective Special Rapporteurs on torture have standard of physical and mental health, Paul Hunt,
stressed the importance of the investigation and reported that: “Where mental health care and support
documentation of allegations of torture, in accordance services are available, users are vulnerable to violations
with the Istanbul Protocol, as a necessary tool in of their human rights within these settings. This is
fighting impunity and reinforcing the rule of law. particularly true in segregated service systems and
They have also identified situations, such as solitary residential institutions, such as psychiatric hospitals,
confinement, and practices, such as forced confessions, institutions for people with intellectual disabilities,
that represent a heightened risk of torture and nursing homes, social care facilities, orphanages, and
ill-treatment and recommended preventive measures prisons.” In 2017, the Special Rapporteur, Dainius
77
against such situations and practices in their thematic Pūras, concluded that: “Mental health has often
as well as country visit reports. Recent elaborations been neglected and when it does receive resources,
on norms related to torture and ill-treatment have it becomes dominated by ineffective and harmful
included commissions of inquiry, conditions of models, attitudes and imbalances. … People of all
67
68
detention and the Nelson Mandela Rules, the ages, when they have mental health needs, too often
69
70
exclusionary rule, gender perspectives on torture, suffer from either an absence of care and support or
72
78
torture in health-care settings, solitary confinement, from services that are ineffective and harmful.”
71
the role of forensic expertise in combating impunity
73
for torture and extra-custodial use of force. 74 d. Special Rapporteur on the promotion and
protection of human rights and fundamental
b. Special Rapporteur on violence against women, freedoms while countering terrorism
its causes and consequences
44. The mandate of the Special Rapporteur on the
42. In a 2013 report, the Special Rapporteur on violence promotion and protection of human rights
against women, its causes and consequences, Rashida and fundamental freedoms while countering
Manjoo, wrote about the “strong link between terrorism was established in April 2005 by
violence against women and women’s incarceration, the Commission of Human Rights. Mandate
whether prior to, during or after incarceration”. holders have consistently emphasized the
75
In a 2015 report, she recounted the influence of absolute prohibition of torture and ill-treatment,
the Inter-American Convention to Prevent and including while States are facing terrorism. 79
Punish Torture in the “conceptualization of rape
as torture”, affirming the influence of regional e. Special Rapporteur on extrajudicial, summary or
and international human rights mechanisms in the arbitrary executions and the Minnesota Protocol
76
progressive interpretation of rape as torture. on the Investigation of Potentially Unlawful Death

c. Special Rapporteur on the right of everyone 45. The Special Rapporteur on extrajudicial, summary
to the enjoyment of the highest attainable standard or arbitrary executions often refers to the Minnesota
of physical and mental health Protocol on the Investigation of Potentially Unlawful
Death when carrying out the mandate to protect
80
43. In 2005, the Special Rapporteur on the right of the right to life and to advance justice, accountability
everyone to the enjoyment of the highest attainable and the right to remedy, and when ensuring

67 A/HRC/19/61.
68 A/64/215; and A/68/295.
69 A/HRC/25/60.
70 A/HRC/7/3; and A/HRC/31/57.
71 A/HRC/22/53.
72 A/63/175; and A/66/268.
73 A/62/221; and A/69/387.
74 A/72/178.
75 A/68/340, para. 2.
76 A/HRC/29/27, paras. 54 and 58.
77 E/CN.4/2005/51, para. 8.
78 A/HRC/35/21, para. 84.
79 A/73/361, para. 40 (expressing concern that counter-terrorism regulation may do harm to the human right to be free from torture); and A/HRC/40/52, para. 55 (noting
that multiple individual communications allege the use of torture as part of counter-terrorism efforts).
80 Office of the United Nations High Commissioner for Human Rights (OHCHR), The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016): The Revised
United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (New York and Geneva, 2017).

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