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

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