Lawyers and NGOs should encourage authorities to open investigations into torture
allegations promptly and to conduct investigations and prosecutions expeditiously. To this
end, they may consider taking the following steps:
•
•
•
•
•
•
•
•
•
•
Document thoroughly every step taken by the victim and his/her lawyer and
the responses, or lack thereof, of the responsible authorities. Collate this
information so as to identify causes and to be able to demonstrate a pattern of
delays where applicable;
Bring habeas corpus proceedings, where available, to lodge complaints of
torture seeking prompt action by the responsible authorities, including the
judiciary;
Use existing rights of victims under the relevant national laws to seek
information about investigatory measures, to compel the authorities to carry
out specific measures within a certain timeframe and to appeal any decisions
to suspend or to discontinue investigations;
In case of a failure of the national authorities to investigate allegations of
torture promptly or to conduct investigations expeditiously, where possible,
lodge a complaint to a national human rights institution or oversight body with
the power to review the conduct of investigations;
Conduct alternative investigations in line with international standards and use
findings to compel authorities to act or for litigation purposes;
Bring private prosecutions promptly where possible;
Make strategic interventions (particularly amicus curiae briefs and third party
interventions where the rules of the court concerned permit) in pending cases,
invoking international standards on effective and timely investigations;
Advocate for legislative reforms that remove obstacles to prompt and
expeditious investigations, such as immunity laws, and compel responsible
bodies to take specific measures in torture cases within a specific timeline so
as to ensure that investigations and prosecutions are effective;
Advocate institutional reforms needed to make investigations and
prosecutions more effective, including by engaging with the responsible
bodies and by calling for greater powers and resources for the investigation of
torture cases where appropriate;
Upon exhaustion of domestic remedies or where investigations or
prosecutions are unduly prolonged, bring cases before international human
rights treaty bodies where possible with a view to obtaining effective remedies
for the torture victim(s) in the case at hand and to setting precedents that may
prompt national authorities to change their practice.
Lawyers and NGOs should seek to prevent undue delays in proceedings of torture cases. To
this end, they may consider taking the following steps:
- Judicial proceedings, including enforcement of awards:
•
•
•
Handle the case file(s) in such a way that their own conduct does not contribute to
delays which could have otherwise been avoided;
Document delays in the course of proceedings and identify the sources of delays.
Collate and analyse such information with a view to identifying key causes and
patterns of delay;
Identify the main obstacles to the speedy resolution of torture cases and pursue
strategic litigation, invoking international standards where possible and appropriate,
with a view to expediting the resolution of torture claims in national proceedings:
38
Select target paragraph3
Add to table of contents