INTRODUCTION: International law prohibits torture in absolute terms; there can be no exception under any circumstance. Violation of this prohibition is considered so serious that no legal justification may ever be found, even in times of emergency or conflict. Yet, torture and other cruel, inhuman or degrading treatment or punishment (‘other ill-treatment’) continue to be committed. A glance at any of the reports of the United Nations (‘UN’) Special Rapporteur on Torture or Committee against Torture and the number of cases that continue to be submitted to regional and international human rights bodies make it clear that torture and other ill-treatment are not practices of the past. Compliance with States’ obligations under international law remains a challenge.

Torture and other ill-treatment are often committed behind closed doors far from public knowledge and scrutiny and victims can be afraid to expose such practices. High-quality documentation and reporting of incidents and patterns of torture and other ill-treatment are therefore essential in the efforts to eliminate torture, ensure accountability and provide justice to victims. This Handbook is aimed at non-governmental organisations (NGOs), lawyers and human rights defenders with limited experience of documenting and reporting allegations of torture and other ill-treatment. The Handbook provides a guide on how to document allegations of torture and other ill-treatment, focusing on the quality of documentation in order to maximise the reliability of the information submitted to national, regional and international bodies. It also sets out the options available for reporting allegations of torture and other ill-treatment at the national, regional and international level in order to assist NGOs in their selection of the most appropriate procedure(s) to which to submit the information. While the focus of the Handbook is on torture and other ill-treatment, much of the guidance is relevant to the documentation of human rights violations generally.

The Handbook aims to be as practical as possible and therefore avoids exploring and referencing the academic or theoretical nature of concepts in too much detail. A selection of further materials and contacts has been provided in Appendices 2 and 3 for those organisations or individuals who wish to seek further information or assistance.

Part A of the Handbook first discusses the different aims and objectives of documenting allegations of torture and other ill-treatment. It then sets out the definitions of torture and other ill-treatment under international law. Finally, it engages with the question of who can be the perpetrator (including non-state actors) and who are likely to be the victims of torture and other ill-treatment noting that although no one is safe from torture, there are certain groups of people that are at an increased risk of torture and other ill-treatment. It also identifies places and situations in which torture and other ill-treatment is most likely to take place, and highlights the circumstances in which allegations are most likely to be received.

Part B of the Handbook focuses on how to document torture. It provides guidance on how to collect information about incidents of torture and other ill-treatment, emphasising the ethical and security considerations every person documenting allegations need to be conscious of and respect. It highlights information that is essential to include in any complaint; provides guidance on interviewing a victim or witness; and identifies the type of supporting evidence which should be collected, most notably medical reports, in order to strengthen an allegation or support a prosecution.

Part C introduces the mechanisms available for reporting allegations of torture and other ill-treatment at the national, regional and international level focusing on both litigation and wider advocacy strategies. It provides guidance on how to select the process(es) best suited to the NGO or human rights defender’s aims and how to prepare and tailor a submission to the particular type of mechanism selected. It also makes suggestions on where to turn for further help when additional support is needed.
The first version of this Handbook was published in 2000 and there have been important developments concerning reporting and preventing torture and other ill-treatment since then. There have been many changes in the institutional framework of key regional and international bodies such as the UN while national human rights institutions have gained prominence, and both regional and international jurisprudence has developed significantly. Knowledge and experience on interviewing and documentation of torture and other ill-treatment has also greatly increased. As a result of these developments, an update of the Handbook was needed and the revised edition takes into account a number of changes including:

– National mechanisms for torture and other ill-treatment reporting, including national human rights institutions, are gaining prominence and regional and international human rights bodies encourage their further strengthening. The Handbook therefore dedicates more time to national mechanisms, not least because a strong national protective legal framework can offer best guarantees and safeguards against torture.

– The UN Human Rights Council replaced the Commission on Human Rights. This brought changes to the complaints procedure and introduced the new monitoring procedure called the Universal Periodic Review. New special procedures have also been established and the UN bodies increasingly rely on fact-finding missions and investigations, which may, over time, result in remedies for victims.

– The Optional Protocol to the Convention against Torture came into force in 2006 and introduced three important institutional elements designed to prevent torture: (1) the creation of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the SPT); (2) the obligation to establish national preventive mechanisms (NPMs); and (3) the setting up of a Special Fund. The SPT and NPMs are tasked with visiting places of detention and interviewing persons of their choosing. The Special Fund helps States finance the implementation of the SPT’s recommendations and education programmes of the NPMs.

– The individual complaint procedures have come into force under the Convention on the Elimination of all Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.

– The African Court of Human and Peoples’ Rights was established and then merged with the Court of Justice of the African Union (non-operational) into one single court, the African Court of Justice and Human Rights.

– There have been important developments in the international jurisprudence, most notably with regard to States’ obligations of due diligence to prevent and protect individuals from harm by third parties under the prohibition of torture and other ill-treatment (especially regarding domestic violence, rape, mob violence against minorities and vulnerable groups, and trafficking in human beings).

The new institutions and treaties, in combination with the well-established ones that provided for a wealth of foundational jurisprudence, enhance the protection of individuals and form the backbone of the struggle against torture. This Handbook aims to provide useful and practical advice on how to use the international tools to advance the goal of providing individual justice and eradicating torture…