Does Torture Prevention Work

In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.

Moving past theoretical critiques of human rights, this book considers how we might translate situational analyses of torture into effective strategies for preventing it.

This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.

"This book focuses on the science, law and morality behind interrogational methods. It develops, for the first time, a comprehensive discussion regarding the legality of torture and the efficacy of interrogation. In other words, scientific research has concluded that torture is not effective. This then raises a natural question: What interrogational methods are effective? How does one employ those methods in way that is consistent with law and morality?"--

The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs).

Women Unsilenced explores the impact of unthinkable violence committed against women and girls through multiple perspectives—women’s recall of life-threatening ordeals of torture, human trafficking, and organized crime, society’s failure to recognize and address such crimes, and close examinations of how justice, health, political, and social systems perpetuate revictimizing trauma. Written by retired public health nurses who include their own experiences helped give voice and understanding to women who have been silenced. This book discloses their “underground” caring work and offers “kitchen table” research and insights, using women’s storytelling on multiple platforms to educate readers on the unimaginable layers of perpetrators’ modus operandi of violence, manipulation, and deceit. At times raw, painful, and shocking, this book is an important resource for those who have survived such crimes; professionals who support those victimized by torturers and traffickers; police, legal professionals, criminologists, human rights activists, and educators alike. It reveals how healing and claiming one’s relationship with/to/for Self is possible.