For the purposes of this tool, “detention” refers only to the first hours of custody immediately after a person is arrested. It is not intended to apply to longer periods of pre-trial detention. The safeguards examined here are designed to protect a detainee during this period of heightened risk, while recognising that many of these safeguards will also serve to protect detainees in later states of detention as well. “ Safeguards can have important benefits for States. They prevent police abuse, of course, but they also professionalise the police and the judiciary; they inspire confidence in police and criminal investigation; and they reduce the number of failed prosecutions, wasted court time, and compensation that may need to be paid for unjust treatment. As a result, the operation of safeguards can improve the whole administration of justice.” H.E. Mr. Mohamed Auajjar, Minister of Justice, Kingdom of Morocco, 2017. Does Torture Prevention Work? The latest independent academic research, Does torture prevention work? (Carver and Handley, 2016), found that safeguards in the first hours of detention contribute crucially to the reduction in the risk of torture and other illtreatment in police custody. Primary research for the work examined the experiences of 16 countries around the world over a 30 year period. More than 60 torture prevention measures were examined to record whether, and to what extent, each had been effective in torture reduction. The results of the research confirm that safeguards applied in the first hours of police detention, when applied in practice, are the most effective means to prevent torture. According to the authors, “The most important preventive mechanisms are those that ensure that individuals are held only in lawful, documented places of detention; that their families or friends are promptly notified of their arrest; that they have prompt access to a lawyer, as well as to medical examination by an independent doctor; and that they are brought promptly before a judge.” SAFEGUARDS  States have adopted a wide number of safeguards to protect the rights of persons when they come in contact with law enforcement authorities. Such safeguards also have the positive effect of streamlining processes and accountabilities, improving efficiencies, and supporting the overall administration of justice. Some key safeguards are reflected in this tool: Notification of rights Prompt access to a lawyer Independent medical examination TOOL: Safeguards in the first hours of police detention Communicate with a family member or third party Audio and video recording of interrogation Model practice for investigative interviewing Judicial Oversight Detention records 2/11

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