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The Copenhagen Declaration on
Torture and Detention
Monday, 31 March 2014
We, the undersigned
Council Members of the International Rehabilitation Council for Torture Victims (IRCT), representing health professionals who care for Victims and survivors of torture throughout the world, Gathered at the Annual Council Meeting in Copenhagen, Denmark, 27 and 28 March 2014,
Bearing in mind that
Torture and ill-treatment constitute one of the gravest human rights violations worldwide;
Most cases of torture and ill-treatment in the world occur in a detention setting and people deprived of liberty, Whether in open or closed spaces, are especially vulnerable to mistreatment;
Women in detention are subject to gender-based violence amounting to torture and ill-treatment, and some individuals are particularly subject exposed to acts of torture and ill -treatment on the grounds of their sexual orientation and identity, ethnic origins, religious beliefs, age or disability, amongst others;
Many legal and administrative practices of detention may amount to Themselves or increase of the risk of torture and ill-treatment in detention, as well as enforced disappearances and extrajudicial Killings;
Observing that:
States are obliged to care for and protect people who are within their custody or control;
States are responsible for prohibiting, Preventing, and redressing torture and ill-treatment in all contexts of detention;
All Victims of torture and ill-treatment have a right to effective remedies at all times, Whether in detention or at liberty, Including rehabilitation, reparations, and the non-repetition;
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Identification of Victims of torture and ill-treatment in detention, assists in the recognition and cessation of any ongoing torture and ill-treatment practices;
Investigation and documentation of torture and ill-treatment in detention, in accordance with the Istanbul Protocol and builds sheds light on understanding of the practices and effects of torture and ill-treatment in detention ;
National preventive mechanisms and administrative procedures of detention, Including judicial oversight, registration and in-take medical examinations, are effective tools to addressing and Preventing torture and ill-treatment;
Declare that:
Identification of Victims of torture and ill-treatment is a prerequisite to addressing torture and ill-treatment in detention, and rehabilitating Victims;
Investigation and documentation of torture and ill-treatment in accordance with the Istanbul Protocol is important for fighting impunity, Ensuring rehabilitation and reparations for Victims, as well as Preventing torture and ill-treatment in detention;
Access to independent civil society monitoring is an essential mechanism to Ensure as impartial and objective functioning of state institutions, as well as complementing and facilitating effective functioning of the national preventive mechanisms;
And urgently call upon States to: Ensure that Victims of torture and ill treatment-are-identified as early as possible in detention settings and have access to treatment and rehabilitation services at all times;
Ensure that effective oversight and complaints mechanisms exist to the which all Allegations of torture and ill-treatment are reported, guaranteeing the independent functioning of the national preventive mechanisms;
Ensure that civil society institutions, operate in an independent and effective manner in the monitoring of all places of detention, and in providing treatment and rehabilitation to all Victims of torture and ill-treatment;
Ensure that all suspicions and Allegations of torture and ill-treatment are Investigated, documented, and redressed in a prompt, independent, and transparent manner.
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In order to Achieve these goals, the IRCT recommends the following actions to States:
Laws and policies:
• Ensure the systematic protection of all persons deprived of liberty, Including individuals subjected to discrimination, through a comprehensive prevention and monitoring of policies, Including awareness-raising and capacity-building Programmes for Officials and implementation of the other provisions of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT ).
• Adopt national legislation and establish policies prioritising identification of Victims of torture and ill-treatment in detention.
• Ratify and fully implement the Optional Protocol to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), Including the establishment of the National Preventive Mechanisms, as a matter of priority.
• Implement the Istanbul Protocol standards on investigation and documentation of torture and ill-treatment.
• Adopt and implement national laws that are compliant with the international standards and safeguards on the rights of all persons in detention, Including the right to be informed of the Reasons for the detention, the right of access to legal counsel of their choice and to their family, the right to translation, and the right to consular assistance (when applicable).
• Ensure unhindered and effective access and full participation to civil society and independent institutions to monitor and to provide rehabilitation services in all places of detention.
Identification:
• Institute mechanisms to identify Victims of torture and ill-treatment in detention. Such mechanisms should include development or strengthening of judicial oversight and admissions and registration procedures. These procedures must, operate in a transparent manner.
• Implement a system of checks and balances that are Able to Prevent and to document torture and ill-treatment throughout the entire detention process. Special emphasis should be given to the early periods of detention. Mechanisms should include examination of detainees each time they are being transferred to and from the custody of others.
• Encourage Officials who may suspect torture and ill-treatment to report their suspicions to NAMAs oversight bodies and complaints mechanisms.
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Procedures and safeguards should be established to Ensure that Officials REMAIN free from harassment, Intimidation or Retaliation for reporting the torture or ill-treatment of detainees and poor detention conditions.
Medical in-take examinations:
• Ensure that everyone Admitted to a detention facility is Examined by a health Evaluate qualified professionals to their mental and physical health and all signs of trauma. If a detainee states that he or she was subjected to violence, the health professional must assess the consistency of those claims with the examination findings. If the health professional has grounds for presuming the existence of torture and ill-treatment, he / she must notify the competent authorities.
• Ensure that a sufficient number of health professionals are available to examine all detainees. Health professionals must be independent in the performance of their duties and receive training in the examination and documentation of cases of torture and ill-treatment, in accordance with the Istanbul Protocol. Independent health experts should be encouraged to review the state examinations and to conduct their own independent assessments. These assessments should be given equal weight in all decision-making processes.
• Maintain a record of the submission of every detainee to a medical examination, the identity of the health professionals, and the findings of that examination. The Istanbul Protocol should be applied as a way of improving the drafting of medical and psychological reports.
Medical ethics:
• Ensure that all health professionals working with detainees are made aware of their ethical obligations, Including the need to report torture and ill-treatment, to maintain confidentiality, and to seek the consent of Victims prior to examination. National laws should be clear that health professionals must abide by their ethical obligations at all times.
• Institute safeguards and mechanisms to enable health professionals to report Allegations and evidence of torture and ill-treatment in an environment free from any harassment, Intimidation or Retaliation and in a manner compliant with their duties of confidentiality.
Suspect Practices:
• Cease promptly any administrative practices that amount to torture and ill-treatment and develop safeguards for any practices that may amount to torture and ill-treatment or heighten the risk of torture and ill -treatment but may be deemed Necessary for the safe operation of detention facilities. Clear
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standards must be in place to guarantee that those practices (such as solitary confinement and restraints) must only be used when strictly necessary and never as a punitive measure. Practices that may subject the families of Victims to torture and ill-treatment upon visits should be eliminated.
Rehabilitation:
• Ensure access to rehabilitation services for Victims of torture and ill-treatment in detention, during detention and upon release, as well as to any Victims secondary. Such services must be Provided in a safe environment, respectful of the dignity of all detainees.
• Provide training to service providers to understand and be sensitive to the needs of Victims of torture and ill-treatment and treat them in a safe and ethical manner.
Capacity and resources:
• Dedicate sufficient resources to all mechanisms designed to identify Victims of torture and ill-treatment as soon as possible and to Ensure that all relevant personnel are Provided with the required training and capacity building to carry out their tasks.
• Provide training to all Officials working with detainees (eg judges, attorneys, and Prosecutors) or in detention settings (eg immigration, police, Prisons, and military Officials) to identify signs and symptoms of torture and ill-treatment. Officials should be trained on the NAMAs international standards for treatment of detainees and detention conditions.
• Emphasise in all trainings
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