Monitoring Detention Custody Torture And Ill Treatment

This landmark practical guide assists all those involved in monitoring detention conditions and investigating and preventing torture. The prestigious global author team identify the medical, legal and professional frameworks and international instruments applicable to those detained, and highlight how torture or other cruel and inhuman degrading treatments or punishments are identified, investigated and should be prevented. · A comprehensive and wide range of detention settings and circumstances are covered including police stations, prisons, mental health, and social care civil conditions to prisoner of war, detention camps, military, and armed conflict. · Advice, monitoring, and assessment is given for special groups, including the custody of women, children, vulnerable adults, and individuals on hunger strike · Practical guidelines are given for the assessment of ill-treatment of individuals in custody including sexual abuse · Online links to the latest legal, ethical, and medical guidelines for key countries help to make this book appropriate for all. Challenging, thought-provoking yet thoroughly practical, this book is essential reading for anyone involved in the monitoring of detention conditions and the treatment and investigation of individuals in any form of custody. The content is aimed primarily at healthcare professionals but it also highly relevant for anyone who may form part of a visiting team, including lay individuals, lawyers and law enforcement professionals, as well as for academics.

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.

A comprehensive insight into the valuable work carried out by one of the Council of Europe’s highly influential mechanisms, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Since its inception in 1989, specialist members of the CPT (lawyers, prosecutors, prison experts, doctors, psychiatrists, etc.) have visited thousands of police stations, prisons, immigration detention centres, psychiatric hospitals and other places of detention all over Europe, to monitor the living conditions (hygiene, provision of food and drink, health care, etc.) of those being detained. Following these visits, the CPT issues reports suggesting improvements and laying down standards. The purpose of this book is twofold. In the first part, the authors explain the background and origins of the CPT, its membership and modus operandi, as well as how it interacts with other bodies, such as the UN’s Subcommittee on Prevention of Torture (SPT) and the national preventive mechanisms (NPMs). In the second part, the authors describe the CPT’s key findings and standards in the main situations of deprivation of liberty (police, prison, immigration detention, mental health and social care). In a detailed appendix, the authors provide summaries of the key CPT findings for the 47 states visited by the CPT.

Methodology -- Background -- UN engagement and some steps forward -- The scope of torture. -- Pre-trial detention -- Isolation and violation of detention procedures -- Restrictions on the right to a lawyer of one's choice -- Failure of pre-trial safeguards and complaints mechanisms -- Harassment of lawyers -- Torture in pre-trial detention facilities -- Prolonged beatings -- Electric shock -- Asphyxiation -- Torture by inmates -- Psychological pressure, threats and inhuman treatment -- Physical conditions in custody. -- Trial -- Judges' indifference to torture allegations and coerced testimony -- Police intimidation during trial -- Restrictions for trial monitors. -- Monitoring post-conviction detention -- Breaking newcomers in post-conviction prisons. -- Accountability for torturers. -- Recommendations -- To the government of Uzbekistan -- To the United Nations -- To other stakeholders and governments. -- Acknowledgements. -- Appendix I.A note on the case of Andrei Shelkovenko -- Appendix II. Letter to the office of the ombudsman of Uzbekistan -- Appendix III. Reply from the office of the ombudsman -- Appendix IV. Letter to Prosecutor General of Uzbekistan -- Appendix V. Reply from Prosecutor General's Office.

Although considered an ancient concept, torture is still practised globally, and with more meticulousness and sophistication than ever before. Custodial violence refers to a form of torture that is experienced physically, psychologically, or emotionally in the custody of a lawful authority. The international legal regime on torture is an area of convergence between international human rights law and humanitarian law, both of which condemn torture in any form. Torture Behind Bars analyses the context of torture and ill-treatment of prisoners and crimes committed by the members of the police force. This may be in the form of custodial violence, or may begin from the point of detention and continue post-custody. The author reviews the role and accountability of the police force in India in the light of the reports of various national and international human rights committees, non-governmental organizations, and other independent reports. The book highlights several such cases which blatantly disregard the law meant for upholding the human rights and dignity of the individuals.