Vincent Iacopino
Physicians for Human Rights-USA
USA

Caroline Schlar
Action for Torture Survivors (HRFT)
Switzerland

Manual on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment (the Istanbul Protocol)

Manual para la investigación y la documentación sobre casos de tortura y otros tratos o castigos inhumanos y degradantes

Torture and ill treatment is frequently inflicted in more than half of the countries in the world although the International Human Rights Documents and humanitarian law forbids torture and ill treatment without exception. Entire communities suffer because of the continuing application of torture.

In this presentation, the story of the "Manual on the Effective Investigation and Documentation of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol)", which was drawn up for the effective investigation of torture and ill treatment, and which will be published by the United Nations in its six languages, is explained. The primary propose of the Manual was to establish international guidelines for the effective investigation and documentation of torture and ill treatment. Its content applies to many contexts; for example human rights investigations and monitoring, political asylum evaluations, the defense of individuals who "confess" to crimes during torture, and, needs assessments for the care of torture victims. Also, in the case of health professionals who are coerced to neglect, misrepresent or falsify evidence of torture, the manual provides an international point of reference for health professionals and adjudicators alike.

The Istanbul Protocol is the first set of international guidelines for the investigation and documentation of torture and ill treatment. We believe that the Manual and Principles will be instrumental in bridging the gap between absolute prohibitions of torture and ill treatment and accountability for perpetrators. However, we all know that freedom from torture and other cruel, inhuman or degrading treatment or punishment depends on the protection and promotion of other rights. When there is no rule of law, when free speech becomes a crime, and when justifications of national unity are invoked to "justify" torture and ill treatment, no manual or principles will protect from abuse. Health professionals know coercive pressures all too well. It is not a coincidence that 75 experts and health professionals connected with 40 organizations in 15 countries conceptualized the Manual. For nearly two decades, health professionals have increasingly recognized the health consequences of human rights violations and have worked to protect and promote human rights as a way of alleviating human suffering and promoting health. What is a stake is not only the individual and community well being and our professional credibility as healers, but the safeguarding of our humanity.