On Wednesday 23 March 2022, the Convention against Torture Initiative (CTI) organized an online event on the margins of the 49th session of the UN Human Rights Council (HRC) titled, “Preventing and Investigating Torture and other ill-treatment in detention: The role of lawyers, doctors, and judges.” Featuring speakers from Brazil, Morocco, Sierra Leone, and the Philippines, the event’s attendees included representatives from 17 States, in addition to representatives from the Office of the High Commissioner for Human Rights (OHCHR), the UN Subcommittee on Prevention of Torture and renowned academics, experts and civil society organizations working on torture prevention and rehabilitation of torture victims.

Building on CTI’s ongoing work supporting States across regions in the implementation of safeguards to prevent torture and other ill-treatment, the side-event provided a platform to exchange promising State practices, experiences, and challenges in preventing and documenting torture and other ill-treatment, especially in the first hours and initial period of detention, where the risk of torture or other ill-treatment is known to be particularly high. Focusing on the indispensable role that lawyers, doctors, and judges play in both the detection and prevention of torture, the side-event successfully fostered inter-regional and cross-regional experience-sharing on the important role of legal and medical professionals in the prevention of torture.

“In Chile, given our recent history, we are aware of how the UNCAT can be a starting point, allowing us to create a progressive culture of respect for human dignity and to develop a robust anti-torture legal and institutional framework.”

H.E. Antonia Urrejola, Minister of Foreign Affairs of Chile

Panelists at the event noted that lawyers, judges, medical doctors, and other qualified healthcare professionals as well as civil society organizations are key players in efforts to prevent, investigate and document torture and other ill-treatment throughout criminal proceedings. They also highlighted the positive effect that the ratification of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) had on domestic torture prevention efforts and on procedural safeguards against torture and other ill-treatment in the first hours of police custody and their effective implementation more specifically. The positive experiences and practices shared during the event included reforms to the Criminal Procedure Code in Brazil, introducing the practice of ‘detention control hearings’ that allows for a prompt judicial review of detention within the first 24 hours by a judge. Statistical data shows that since the introduction of those hearings, allegations of torture decreased up to 23% and in less than 1% the detention was considered unlawful. This indicates that the practice of prompt judicial review of detention has a preventive effect and serves as a deterrent to torture. In order to increase their effectiveness, practical guides and training materials on torture prevention have been developed for Brazilian judges and other judicial officers working on detention control hearings.

Other good practices shared included the strengthening of key legal and procedural safeguards, such as access to a lawyer, in Morocco and the release of a practical guide for staff of the General Directorate of Prisons on the treatment of detainees as well as training materials on the fight against torture for judges, prosecutors, lawyers, civil society organizations and other interested stakeholders, developed by the Ministry of Justice of Morocco in collaboration with the Danish Institute against Torture (DIGNITY).

Panelists further emphasized the role that civil society organizations play in torture prevention efforts. In Sierra Leone, for instance, CSOs train paralegals to provide legal aid to arrested and detained persons in police custody in order to counter the gap of available legal practitioners in provinces outside the capital. In the Philippines, civil society actors assumed a key role in the development of a comprehensive rehabilitation program for torture victims.

Dr. Brasholt’s expert intervention highlighted the importance of conducting an Initial Medical Assessment (IMA) as soon as possible upon arrival at the place of detention. She underlined that such IMAs are indispensable for the detection and documentation of torture and that, if institutionalized and effectively implemented, IMAs will act as a deterrent and reinforce the prevention of torture. IMAs may also protect staff against false allegations of torture and other ill-treatment. Speaking about the recently launched CTI-DIGNITY UNCAT Implementation Tool 10/2021 on The Initial Medical Assessment of detainees upon admission, Dr. Brasholt stated:

“I cannot stress enough the role that the initial medical assessment upon arrival in an institution plays in the fight against torture and I hope that the CTI Implementation Tool will aspire to new and improved steps in its implementation”.

Dr. Marie Brasholt, Acting Medical Director at DIGNITY and Member of the UN Subcommittee on Prevention of Torture

Investing more in capacity building for police, lawyers, prosecutors, judges, and healthcare professionals on the documentation and prevention of torture within their sphere of responsibilities was highlighted by panelists and participants alike as one of the key areas to be worked on by States across the globe in their efforts to eradicate torture. Furthermore, breaching the gap between preventive legal provisions and their implementation in practice was identified as a key priority in the fight against torture.

Opening remarks on behalf of the CTI Core States were delivered by H.E. Antonia Urrejola, Minister of Foreign Affairs of Chile via pre-recorded video message, following which Ms. Gayethri Pillay, Head of the CTI Secretariat, moderated an interactive discussion with the panelists Hon. Antonio Carlos de Castro Neves Tavares, Judge at the Tribunal de Justicia do Rio Grande do Sul, Brazil; Hon. Kawtar Lachhab, Deputy Public Prosecutor at the Rabat Court of Appeal currently on secondment as Head of the Human Rights Department at the Ministry of Justice of Morocco; Mr. Allieu Vandi Koroma Esq., State Counsel at the Office of the Attorney General and Ministry of Justice of Sierra Leone; Dr. Mark Anthony Leviste, Medical Officer III at the Department of Health of the Philippines, and Dr. Marie Brasholt, Acting Medical Director of the Danish Institute against Torture (DIGNITY). H.E. Ambassador Febrian Ruddyard, Permanent Representative of Indonesia to the United Nations in Geneva delivered closing remarks.

For more information on CTI’s catalog of UNCAT Implementation tools, see here.

CTI’s latest tool on the Initial Medical Assessment is available here in both English and French.

For governments interested in learning more about CTI’s work and how can CTI support their efforts towards ratification and/or implementation of UNCAT, please contact info@cti2024.org.