Courtesy of AIUSA
<<http://www.amnestyusa.org/stoptorture/12pointprogram.html>>
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Amnesty International's 12-point Program for the
Prevention of Torture by Agents of the State
Condemn torture
The highest authorities should condemn torture in all its forms
whenever it occurs. They must make clear to all members of the security
forces and judiciary that torture will never be tolerated. The leaders
of armed political groups must also make clear to their forces that
torture is always unacceptable.
Ensure access to prisoners
Torture often takes place while the victims are held incommunicado --
unable to contact people outside who could help them or find out what
is happening to them. The practice of incommunicado detention should be
ended. Governments should ensure that all prisoners are brought before
an independent judicial authority without delay after being taken into
custody. Prisoners should have access to relatives, lawyers and doctors
without delay and regularly thereafter.
No secret detention
In some countries torture takes place in secret locations, often after
the victims are made to "disappear". Governments should ensure that
prisoners are held only in officially recognized places of detention
and that accurate information about their arrest and whereabouts is
made available immediately to relatives, lawyers and the courts.
Effective judicial remedies should be available at all times to enable
relatives and lawyers to find out immediately where a prisoner is held
and under what authority and to ensure the prisoner's safety.
Provide safeguards during interrogation and custody
All prisoners should be immediately informed of their rights. These
include the right to lodge complaints about their treatment and to have
a judge rule without delay on the lawfulness of their detention. Judges
should investigate any evidence of torture and order release if the
detention is unlawful. A lawyer should be present during
interrogations. Governments should ensure that conditions of detention
conform to international standards for the treatment of prisoners and
take into account the needs of members of particular vulnerable groups.
The authorities responsible for detention should be separate from those
in charge of interrogation. There should be regular, independent,
unannounced and unrestricted visits of inspection to all places of
detention.
Prohibit torture in law
Governments should adopt laws for the prohibition and prevention of
torture incorporating the main elements of the UN Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(Convention against Torture) and other relevant international
standards. All judicial and administrative corporal punishments should
be abolished. The prohibition of torture and the essential safeguards
for its prevention must not be suspended under any circumstances,
including states of war or other public emergency.
Investigate
All complaints and reports of torture should be promptly, impartially
and effectively investigated by a body independent of the alleged
perpetrators. The methods and findings of such investigations should be
made public. Officials suspected of committing torture should be
suspended from active duty during the investigation. Complainants,
witnesses and others at risk should be protected from intimidation and
reprisals.
Prosecute
Those responsible for torture must be brought to justice. This
principle should apply wherever alleged torturers happen to be,
whatever their nationality or position, regardless of where the crime
was committed and the nationality of the victims, and no matter how
much time has elapsed since the commission of the crime. Governments
must exercise universal jurisdiction over alleged torturers or
extradite them, and cooperate with each other in such criminal
proceedings. Trials must be fair. An order from a superior officer must
never be accepted as a justification for torture.
No use of statements extracted under torture.
Governments should ensure that confessions or other evidence obtained
through torture may never be invoked in legal proceedings, except
against a person accused of torture.
Provide effective training
It should be made clear during the training of all officials involved
in the custody, interrogation or medical care of prisoners that torture
is a criminal act. They should be instructed that they are obliged to
refuse to obey any order to torture.
Provide reparation
Victims of torture and their dependants should be entitled to obtain
prompt reparation from the state including restitution, fair and
adequate financial compensation and appropriate medical care and
rehabilitation.
Ratify international treaties
All governments should ratify international instruments containing
safeguards and remedies against torture, including the UN Convention
against Torture with declarations providing for individual and inter-
state complaints.
Exercise international responsibility
Governments should use all available channels to intercede with
governments where torture is reported. They should ensure that
transfers of training and equipment for military, security or police
use do not facilitate torture. Governments must not forcibly return a
person to a country where he or she risks being tortured.
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Abdoulie A. Jallow
==============================================
"Our lives begin to end the day we become silent about things that
matter."
-Martin Luther King Jr.
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