Ensuring Fair Treatment of Persons in Police Custody: Theory and Reality

A study of 16 countries over a 30-year period shows that practical implementation of safeguards for persons in police custody is the most effective way of preventing torture. The investigation and prosecution of torturers, along with the establishment of independent monitoring mechanisms, also has an important impact in reducing the incidence of torture. Independent complaints mechanisms, often advocated as a torture prevention tool, appear to have little effect. In all instances, torture prevention mechanisms are ineffective so long as they remain merely as laws on the statute book. While legal reform is often a necessary precondition for protection against torture, it is never sufficient. Practice very often falls short of legal provisions. It is only by ensuring in practice an end to unlawful detention, notification of a third party on arrest, prompt access to a lawyer, and independent medical examinations, that people in police custody can be effectively protected.