UNCAT Briefing Paper
Some of the most urgent first steps include (1) legal mapping, (2) planning for full
implementation, (3) mainstreaming training for national actors in key sectors, and (4)
preparing an Initial Report to the Committee against Torture.
4.1.
Mapping for legal conformity
Many legal, administrative, judicial or other changes may be needed to effectively implement
the Convention. The exercise of mapping the conformity of the national system should be
conducted thoroughly so that States understand exactly what they must do in order to fully
implement the UNCAT. Such an exercise may be achieved in collaboration with legal experts
who understand how the Convention has been implemented elsewhere.
Many legislative amendments may be necessary to implement all the provisions of the
UNCAT, and could include revisions to the following legal texts:
•
Constitution,
•
penal code,
•
criminal procedure code and civil code of procedure,
•
police legislation,
•
prison legislation,
•
extradition legislation, and
•
various other laws.
In relation to the challenging step of criminalisation, several States have benefitted from
expert advice from international NGOs, including the APT. 3 Some States have passed
amendments to their penal code, others have adopted specific laws dedicated to
criminalising the offence. No single method is suitable for all States, and each should
undertake a process of reflection to agree on a process of legal reform which is consistent
with the national legal order.
4.2.
Developing a domestic roadmap
Beyond legal reform, further steps may be contemplated by each government department
and/or executive agency to enable full implementation. 4 Once again, sharing experiences
with other States parties, intergovernmental institutions and civil society may be sought to
better understand exactly what further steps are appropriate.
3
For assistance, please see APT, Key Issues in Drafting Anti-Torture Legislation (2013), at
http://www.apt.ch/en/resources/key-issues-in-drafting-anti-torture-legislation-2013/.
4
See, for instance, the recently adopted plan of action/roadmap for the implementation of the Uganda
comprehensive anti-torture law, adopted after a workshop held on 7–8 February 2012 at
http://www.apt.ch/en/news_on_prevention/uganda-roadmap-for-torture-prevention/#.U5auKvmSzxA.
4