INTRODUCTION: The absolute prohibition of torture is a fundamental legal norm. It is firmly established in: customary international law, binding in all states; in treaties ratified by the vast majority of states, and in national constitutions and criminal codes. However, as authorities often fail to uphold such legal obligations, torture is endemic in many countries. For instance, the Public Committee Against Torture in Israel (PCATI) has observed that the Israel Security Agency (ISA) continues to use torture systematically in the interrogation of Palestinian detainees — most of whom are from the Occupied Palestinian Territories — and does so without accountability. Another recent example is the use of torture, in its various forms, in the US Central Intelligence Agency’s (CIA) Detention and Interrogation program in 2001-2006. The crime of torture is also widespread during armed conflicts, as in Syria and Libya. Moreover, proper investigations by authorities, and prosecutions of perpetrators, are scarce in all parts of the world, often leaving torture victims without any justice and support to rebuild their lives.

Nevertheless, over the last decades, we have gained a better understanding of torture and its characteristics, objectives, prevalence, and root causes. As a result, new strategies and tools for its prevention have been developed (e.g., preventive monitoring mechanisms under the Optional Protocol to the Convention Against Torture). Furthermore, we now have better evidence of how torture destroys people, increases violence in society, and creates a fundamental sense of insecurity and fear in countries where it is used. In response, new knowledge has been gained and methods have been developed to ensure that the medical needs of traumatized victims (and their families) are met.

Torture victims require legal assistance and proper documentation of their stories. This Handbook mainly aims to assist lawyers worldwide, and to offer ideas and suggestions — based on PCATI’s experience — of how to provide the best legal aid while attempting to promote accountability of perpetrators and justice for the victims.

This Handbook also aims to promote broader engagement in efforts to fight the underlying casues of torture and impunity. We pursue this by using ”indirect monitoring” — a concept with clear advocacy aims. The lawyer thus acts as a “monitor” (with some limitations) when — through engagement in individual cases — he obtains information about the treatment and conditions in places of detention, including torture and other ill-treatment, even without official permission to undertake monitoring visits. Collecting such documentation (which will reveal broader structural obstacles and the wider scope of the problem in a country), through advocacy and/or dialogue, may ultimately force the authorities to improve the treatment of detainees, and provide justice to victims. Indirect monitoring is especially relevant in countries with few effective monitoring mechanisms — e.g. Israel and Occupied Palestinian Territories, where PCATI has used the method to advocate for general police and practice changes…