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ISTANBUL PROTOCOL II. RELEVANT ETHICAL CODES

In exercising their duty to effectively investigate (c) Duty of impartiality and objectivity
allegations of torture or ill-treatment, prosecutors
should have adequate knowledge of and apply 140. While it is the duty of the State to “ensure that
the Istanbul Protocol and its Principles in their prosecutors are able to perform their professional
investigation and documentation practices. 246 functions without intimidation, hindrance, harassment,
improper interference or unjustified exposure to civil,
(b) Duty to refuse evidence obtained through penal or other liability,” prosecutors have a duty to
torture or ill-treatment: the exclusionary rule conduct their investigations impartially (Guidelines
on the Role of Prosecutors, para. 4) and “perform
139. Paragraph 16 of the Guidelines on the Role of their duties fairly, consistently and expeditiously, and
Prosecutors states: respect and protect human dignity and uphold human
rights” (ibid., para. 12). Prosecutors must strive to
When prosecutors come into possession of evidence be, and to be seen to be, objective and impartial. 251
against suspects that they know or believe on
reasonable grounds was obtained through recourse (d) Duty to ensure that State authorities respect the
to unlawful methods, which constitute a grave right to be free from torture and other cruel,
violation of the suspect’s human rights, especially inhuman or degrading treatment or punishment
involving torture or cruel, inhuman or degrading
treatment or punishment, or other abuses of human 141. Prosecutors shall ensure that State authorities respect
rights, they shall refuse to use such evidence against the right to be free from torture and other cruel,
anyone other than those who used such methods, inhuman, degrading treatment or punishment. They
or inform the Court accordingly, and shall take should give precise instructions against the use of
all necessary steps to ensure that those responsible illegal or improper methods to obtain evidence to
for using such methods are brought to justice. other investigators and staff under their charge and
supervise their conduct; regularly conduct visits to
In order to avoid conflicts of interest, the places of detention and police stations; and require that
investigation regarding allegations that the confessions are conducted in the presence of a judge
evidence was obtained unlawfully should be or magistrate. 252 Prosecutors have a special obligation
carried out by a prosecutor other than the one to take all necessary steps to bring to justice those
in charge of the initial criminal investigation. 247 who are suspected of having committed human rights
International standards state that: “in the violations such as torture and ill-treatment. Their work
institution of criminal proceedings, they will is key both to the remedying of past human rights
proceed only when a case is well-founded upon violations and to the prevention of future violations. 253
evidence reasonably believed to be reliable
and admissible, and will not continue with a 4. Principles guiding the conduct of lawyers
prosecution in the absence of such evidence.” 248
In the absence of other inculpatory material, (a) Duty to promote and protect human rights
prosecutors must not solely rely on a confession for
prosecution. Prosecutors must “examine proposed 142. Principle 14 of the Basic Principles on the Role of
evidence to ascertain if it has been lawfully or Lawyers provides that: “Lawyers, in protecting
constitutionally obtained”. 249 This examination the rights of their clients and in promoting the
must be done “according to the gravity of cause of justice, shall seek to uphold human rights
unlawfulness or impropriety and the standards and fundamental freedoms recognized by national
described in their own State’s rules of evidence”. 250 and international law and shall at all times act

246 “The State party should: (a) ensure that the Istanbul Protocol is made an essential part of the training for all medical professionals and other public officials involved in work
with persons deprived of their liberty” (CAT/C/NOR/CO/8, para. 30).
247 E/CN.4/2001/66/Add.2, para. 102.
248 International Association of Prosecutors, Standards of Professional Responsibility, para. 4.2 (d); and United Nations Office on Drugs and Crime, The United Nations
Convention against Corruption: Implementation Guide and Evaluative Framework for Article 11 (New York, 2015), para. 159.
249 International Association of Prosecutors, Standards of Professional Responsibility, para. 4.3 (e).
250 United Nations Office on Drugs and Crime, The Status and Role of Prosecutors, p. 41.
251 International Association of Prosecutors, Standards of Professional Responsibility, paras. 1 (e), 3 (a) and 4.2 (c).
252 This statement is supported by the Convention against Torture, art. 11.
253 OHCHR, Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers (New York and Geneva, 2003), Professional Training
Series No. 9, p. 369.

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