Difference between revisions of "Representing Victims of Torture"
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==Identifying Victims of Torture== | ==Identifying Victims of Torture== | ||
| − | It is important for criminal defense attorneys to identify victims of torture because specific groups, such as children, women, the elderly, or religious persons may be more vulnerable to the effects of ill-treatment, making it easier to consider the degree of suffering severe enough to amount to torture. Identifying and keeping track of torture cases will also help identify patterns of abuse being directed at a particular group of victims. In certain cases, systematic torture of a particular group will allow the criminal defense attorney to utilize additional international mechanisms. For example, the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly in December of 1948, included "acting with intent to destroy, in whole or in part, a national, ethnical, racial or religious group [by] causing serious bodily or mental harm to members of the group" as part of its definition of genocide <ref/ Convention on the Prevention and Punishment of the Crime of Genocide, Art. 2 </ref>. The Rome Statute of the International Criminal Court (ICC) incorporates this definition of genocide as well a definition of crimes against humanity which includes torture. As soon as a State becomes a party to the Statute, it accepts ICC's jurisdiction with respect to those crimes, and a State can recommend individual nationals suspected of those crimes to the Court. THe ICC will then have complete | + | It is important for criminal defense attorneys to identify victims of torture because specific groups, such as children, women, the elderly, or religious persons may be more vulnerable to the effects of ill-treatment, making it easier to consider the degree of suffering severe enough to amount to torture. Identifying and keeping track of torture cases will also help identify patterns of abuse being directed at a particular group of victims. In certain cases, systematic torture of a particular group will allow the criminal defense attorney to utilize additional international mechanisms. For example, the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly in December of 1948, included "acting with intent to destroy, in whole or in part, a national, ethnical, racial or religious group [by] causing serious bodily or mental harm to members of the group" as part of its definition of genocide <ref/ Convention on the Prevention and Punishment of the Crime of Genocide, Art. 2 </ref>. The Rome Statute of the International Criminal Court (ICC) incorporates this definition of genocide as well a definition of crimes against humanity which includes torture. As soon as a State becomes a party to the Statute, it accepts ICC's jurisdiction with respect to those crimes, and a State can recommend individual nationals suspected of those crimes to the Court. THe ICC will then have complete jurisdiction to investigate and prosecute unless the person recommended has already been tried or is in the process of going to trial in the State already <ref> The Rome Statute of the International Criminal Court </ref>. |
===Standard Minimum Rules for the Treatment of Prisoners=== | ===Standard Minimum Rules for the Treatment of Prisoners=== | ||
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In 1999, the United Nations developed the first set of international standards for documenting torture, the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol. | In 1999, the United Nations developed the first set of international standards for documenting torture, the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol. | ||
| − | According to the Convention Against Torture | + | According to the Convention Against Torture, the State should ensure that its "competent authorities proceed to a prompt and impartial investigation" of any torture allegations <ref> Convention Against Torture, Article 12 </ref>. Similarly, according to the Istanbul Protocol, the State should appoint a primary investigator (separately from providing access to legal services) to serve as the main liaison between the authorities and the alleged torture victim. In doing so, the State should be sensitive to the victim's culture, language and gender. The investigator should attempt to obtain a detailed statement from the victim, color photographs of the injuries, as well as the following information to produce a comprehensive evaluation of the alleged torture victim: |
#Circumstances leading up to the torture | #Circumstances leading up to the torture | ||
