Additional teaching tools

Sources of soft law principles and guidance

Alongside the treaty obligations and other legal obligations in respect of torture, inhuman and degrading treatment, there is also a wealth of soft law principles and guidelines which offer further support and guidance to States, public officials, lawyers, medical professionals and others in relation to torture and other forms of proscribed ill-treatment.

• United Nations, General Assembly (1988). Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment . 9 December. A/RES/43/13.
• United Nations, General Assembly (1990). Basic Principles on the Treatment of Prisoners . 14 December. A/RES/45/111.
• United Nations, General Assembly (1979). Code of Conduct for Law Enforcement Officials. 17 December.
• United Nations, General Assembly (1982). Principles of Medical Ethics relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment . A/RES/37/194.
• United Nations, OHCHR (2004). Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Professional Training Series No. 8/Rev.1. Geneva. Adopted by the United Nations Commission on Human Rights (2000). Commission on Human Rights resolution 2000/43 Torture and other cruel, inhuman or degrading treatment or punishment . 20 April. E/CN.4/RES/2000/43.
• The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has gathered its analysis and recommendations based on visits to places of detention in Council of Europe States in the CPT Standards . CPT/Inf/E (2000).
• In its 23 ^rd General Report (the 2013 annual report), at paras. 71-84, the European Committee for the Prevention of Torture sets out the standards which it has developed as regards the documenting and reporting of medical evidence of ill-treatment.
• Jean-Baptiste Niyizurugero, and Patrick Lessene, Robben Island Guidelines for the Prohibition and Prevention of Torture in Africa: Practical Guide for Implementation (African Commission of Human and Peoples' Rights, OHCHR, Association for the Prevention of Torture, Addis Ababa, 2008). Adopted in Resolution 61 (2002) of the African Commission on Human Rights. American Commission on Human Rights (2002). Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa . 23 October.
• Torture is punishable under the Rome Statute of the International Criminal Court as a war crime and as a crime against humanity. The Elements of Crimes define the specific elements of the crime of torture for the purposes of articles 7(1)(f) and 8(2)(a)(ii), 8(2)(c)(i) of the Statute. International Criminal Court, Elements of Crimes (The Hague, 2011).

Reports from UN and non-UN bodies

• Report by the Special Rapporteur of the Human Rights Council on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez. 5 August 2011. A/66/268.
• The Council of Europe Ad Hoc Drafting Group on Dangerous Offenders has published a compilation of the case-law of the European Court of Human Rights, which analyses the most significant cases dealing with prison treatment of particularly dangerous offenders, including terrorists.
• The report of the European Committee for the Prevention of Torture on the question of solitary confinement.
• The Istanbul Statement on the Use and Effects of Solitary Confinement, which was adopted at an international medical symposium on psychological trauma.