Shedding Light on a Dark Practice – Using The Istanbul Protocol to Document Torture
International Rehabilitation Council for Torture Victims
ÖZET

The success of the Istanbul Protocol after its first ten years of existence is a matter of deep satisfaction to me.

First, as a matter of process, it is an example of the vital role played by non-governmental organisations in advancing the national and international protection of human rights. The draft of what was to become the Istanbul Protocol was initiated by a number of forensic doctors working in and with Physicians for Human Rights. It was they who, together with the all-too-experienced Turkish Human Rights Foundation, convened the meeting in Istanbul that finalised the text. The meeting also approved the text of general principles on the investigation of torture allegations, drafted by a team of international lawyers and forensic medical specialists. The text was inspired by similar principles for investigating extra-legal killings that accompanied the Minnesota Protocol for the medical documentation of such killings, produced by the Minnesota Advocates for Human Rights (now The Advocates for Human Rights), who also contributed to the Istanbul Principles. It is notable that the sixth and longest of the Istanbul Principles summarises the key requirements for effective medical examination of possible torture. For me, it was a privilege to have been a part of this process, both before and at the Istanbul meeting.

Second, in my then capacity of UN Special Rapporteur on Torture, I was in a position to bring the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to the attention of the UN General Assembly and UN Commission on Human Rights (replaced in 2006 by the Human Rights Council). Both bodies took cognizance of the Principles, annexing them to regular resolutions on the general subject of torture and other ill-treatment. The new Human Rights Council, in its first resolution on the topic in 2008, repeated the call on governments to attend to the Principles. Just yesterday, in a groundbreaking resolution on torture and the role and responsibility of medical and other health personnel, the Council again invoked the Principles. I was also able to recommend that the Office of the High Commissioner for Human Rights publish the whole Istanbul product: it appeared as Istanbul Protocol: Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Third, the Istanbul Protocol inspired a project I directed at the University of Essex. My experience as Special Rapporteur had made it clear that forensic specialists, especially independent ones, were frequently not available when their skills were needed. So, it appeared necessary that other health professionals be given effective guidance without their being expected to be able to apply meticulously the “gold standard” of Istanbul. The result was our 2005 co-publication (with the UK Foreign and Commonwealth Office) Medical Investigation and Documentation of Torture: A Handbook for Health Professionals, by Michael Peel, Noam Lubell and Jonathon Beynon, which I am told has been helpful to organisations and individuals involved in training relevant health professionals.

I am very pleased that the IRCT has compiled this publication which reflects the essence of the Istanbul experience: that prevention of torture is an interdisciplinary exercise involving lawyers, doctors, civil society and governments – all branches: legislative, executive, judicial – at the national and international levels. The Istanbul Protocol is already cited in international and national court judgments. The more recognised it becomes, the greater will be the need for professional familiarity with it.

The IRCT’s work to promote the Istanbul Protocol represents recognition that effective documentation of torture, exposing the falsity of typical denials from those responsible for torture, can contribute mightily to reducing impunity and obtaining redress. This in turn can be expected to help prevent torture in the future. As well as giving background to and explaining the content of the Istanbul Protocol, the present book incorporates some of the experiences of these activities. The book is another step towards the goal of ending torture.

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