INTRODUCTION: Recognising the prevalence of torture in the world and the need to take active steps to combat it, medical, legal and human rights experts from a range of countries drafted the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol). The Manual was finalised in August 1999 and has since been endorsed by the United Nations, regional organisations and other bodies.

The Istanbul Protocol is intended to serve as a set of international guidelines for the assessment of torture or cruel, inhuman or degrading treatment or punishment, and for investigating such allegations and reporting findings to the judiciary or other investigative bodies. The set of Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Principles) annexed to the Istanbul Protocol was included in the Resolution on Torture
unanimously adopted by the UN General Assembly in December 2000. Subsequently, the United Nations Commission on Human Rights drew the attention of governments to these Principles and strongly encouraged them to reflect upon them as a useful tool in combating torture…

… The word “torture” will, to most people, invoke images of some of the most horrific forms of physical and psychological suffering – the pulling out of fingernails, electric shocks, mock executions, being forced to watch the torture of parents or children, rape. The variety and severity of the methods of torture and cruel, inhuman or degrading treatment or punishment may simply defy belief. But there is no exhaustive list of acts that constitute torture; torturers continue to invent new ways to brutalise individuals. And there is no limit on who can be victimised – survivors of torture come from all walks of life, and from most countries around the world. Even children may be victims…

… This guide is aimed at lawyers working with torture survivors. It describes the various international standards contained in the Istanbul Protocol, details international jurisprudence supporting such standards and outlines practical ways for lawyers to seek to have these standards recognised and implemented at the national level. It provides information for lawyers on a) how to challenge governments when investigations of torture are ineffective, b) how to amass the necessary evidence to assist in investigations and/ or when bringing allegations of torture to the attention of the competent officials and c) provides a general overview of the international legal standards relevant to combating and preventing torture and assisting victims to seek remedies and reparation.