Dr Alice Edwards: A fresh agenda for torture prevention

In this episode of Perspectives, we are delighted to share an interview with the new UN Special Rapporteur on torture, Dr Alice Edwards. 

Appointed in July 2022, she is the first woman to hold the mandate.

Often described as the “global conscience on torture”, her mandate includes conducting country visits and visits to places of detention; receiving communications from individuals alleging torture or other ill-treatment; and preparing reports and recommendations for the United Nations on substantive issues.

Through this, and by working constructively with States, the Special Rapporteur has the potential to drive significant changes to prevent torture and ill-treatment and promote redress for victims.

In this interview, Dr Edwards shares her priorities for the mandate and describes the importance of torture prevention efforts, including the new Méndez Principles on Effective Interviewing.

Transcript

Almudena Garcia

Hello and welcome to Perspectives, the APT’s podcast which explores contemporary issues related to torture prevention and dignity in detention.

I’m Almudena Garcia, APT’s Digital Communication Adviser, and we are delighted to share with you an interview with the new UN Special Rapporteur on torture, Dr Alice Edwards. Appointed in July, she is the first woman to hold the mandate.

Often described as the “global conscience on torture”, her mandate includes conducting country visits and visits to places of detention; receiving communications from individuals alleging torture or other ill-treatment; and preparing reports and recommendations for the United Nations on substantive issues.

Through this, and by working constructively with States, the Special Rapporteur has the potential to drive significant changes to prevent torture and ill-treatment and promote redress for victims.

We began our conversation by asking Dr Edwards about her priorities for the mandate 

Dr Alice Edwards

I've come to this position at a very difficult time in global affairs. Torture, as you know, is one of the most devastating human rights violations not just for the victims, but also their families and communities.

In terms of my first three priorities, number one is the basic building block of a torture free society: a legislative foundation. Many countries in the world have adopted good and positive crimes of torture in their national legislation, with appropriate safeguards. But there are still challenges in other areas. So I'll be presenting a report to the UN Human Rights Council next year, and collecting information from governments and civil society on good practices in national criminal laws, investigations and prosecutions.

A second challenge we've seen over recent years, and that I will be tackling, is in the context of police overstretch and excessive use of force in a number of contexts. And also related to this is the context of police violence and racism. So I aim to present my third report, which will be to the General Assembly next year, on building community-based, responsive, representative, and accountable police forces and other law enforcement.

And the third area I wanted to mention is around military and security actors. Of course, the legislative framework is one thing, but also accountability structures and how military courts and other alternative systems to the ordinary criminal justice system function to hold such actors accountable, should they be in violation of international law.

Through all of this work, I'll be taking a victim-centered approach. But I also think that’s not enough. I'll also be looking at a whole-of -government approach and a systems approach, as well as making sure that prevention is foregrounded. So I'll be doing everything I can to make sure that, together with the international community and civil society, that we stamp out this practice once and for all.

Almudena Garcia

Despite these continuing challenges, are there areas where you see progress is being made to end torture and other ill treatment?

Dr Alice Edwards

There definitely has been progress. First of all, every country in the world is a party to one or more of the international treaties that prohibit torture. There are currently 173 States parties to the UN Convention against Torture, for example, which is essentially the brain trust of the international community's best ways to prevent and respond to torture. So that's a real positive. What we need to ensure is that those international foundational steps are translated into domestic law and practice.

We’ve also seen a number of countries transitioning out of dictatorship and authoritarian regimes and into democratic countries governed by the rule of law and human rights. It is exactly at this time, while they are considering questions of truth and reconciliation and how they can rehabilitate not only victims but the entire community from the scourge of torture, that I'll be making some interventions. Now, is the time for these countries to dismantle past structures and practices, and really to move to a torture free society.

The third area where there has been great progress is in the area of remedies. Although we might not think it, there have been more and more avenues for redress by victims, whether at the State level, there have been a swathe of truth and reconciliation commissions in different countries, there’s also been domestic legislation that has underpinned criminal justice efforts. And also, at the international level, we have seen both the exercise of universal jurisdiction, where countries activate their own cases regardless of the connection of the victim or the crime to their own State, as well as even activating through the International Court of Justice specific crimes committed in relation to the UN Convention against Torture.

The fourth area is that we have a large number of very good soft law instruments that help guide public authorities in how to, for example, manage prisons through the Nelson Mandela Rules. We also have good studies that show that safeguards in police custody prevent torture and misconduct by police. Such safeguards might include, for example, the right to a lawyer or audio or video recording of interviews. These are very, very good standards. If followed, many countries would move from a system where abuse is either incidental or there are patterns of abuse, or that it's even endemic. And I would encourage countries and civil society to use these standards wherever possible.

Almudena Garcia

On the subject of standards and guidelines, what do you see as the value of the updated Istanbul Protocol on the Documentation and Investigation of Acts of Torture and the newly-released Méndez Principle on Effective Interviewing?

Dr Alice Edwards

These are very important documents. The updated Istanbul Protocol on documentation of torture, and also the Méndez Principles on Effective Interviewing. I've been involved in prior capacities in an advisory role for both documents. They form part of the good soft law guidelines and guidance that we have available, and they both perform different roles.

The Méndez Principles, which is a new development, but a relatively widely known practice of investigative interviewing, where the importance is to follow a structure of the interview and, with that, to make sure that persons are treated humanely and that they have the opportunity to answer questions in a way that elaborates and extracts the most information possible.

If a State follows these Principles, they will have much more a secure criminal justice system that is based on the collection of evidence and interviews and confessions in an appropriate manner.

Almudena Garcia

As the Special Rapporteur on torture, you have the power to lead national, regional and international discussions on these issues. You can also promote and advise States on practical changes that can be made. What do you hope to achieve during your tenure?

Dr Alice Edwards

One of the things I'd like to achieve is to raise awareness of the prohibition against torture. It's surprising to me, and probably to you also, that a number of studies have indicated that the public is actually more tolerant at times of torture than they were, say, for example, after the Second World War. And I think this is a terrible state of affairs, that we've become kind of complacent about our human rights, and that we need to always make sure that we fight for them. And you only fight for things that you know that you have a right to, so part of my tenure, I'll be spending time on raising awareness about the prohibition against torture, as well as the state of torture and how it is practiced or eliminated worldwide.

The second thing I hope to achieve is to provide technical advice to States in a constructive way so that they are able to take decisions themselves and to lead in the changes that need to be taken. And by States, I mean the full spectrum within a society. So also the judiciary, parliamentarians, as well as obviously the executive authorities, plus national human rights institutions, national preventive bodies, et cetera. And of course, when necessary, call out for investigations and call out governments when they are in conflict with the absolute prohibition on torture.

I would also like to work with and for victims groups to make sure they have the redress and the remedies and the rehabilitation that they require to re-enter society.

Almudena Garcia

And how can civil society organisations support your mandate and contribute to your work?

Dr Alice Edwards

So, civil society organisations, especially at the domestic level, and regularly supported by international non-governmental organisations, are an essential part of building this fabric of a torture-free society. They are often the frontline providers of support. They involve human rights defenders, medical practitioners and others. And certainly, I'll be collaborating with those groups, to hear from them about what really makes a difference for them on the ground, where their priorities are, and trying to balance that with the agenda I've set forth for the mandate.

Certainly, I will hope to meet with many such actors during my country visits, as organisations that are on the ground and have the pulse of the country. Of course, I hope that civil society groups of all kinds will contribute to my reports, so that those reports can be reflective of good practices and challenges, and that they will also resonate beyond their own borders, that there will be results from what they’re doing.

Almudena Garcia

You are the first woman to occupy the post after 37 years and six prior male incumbents. What does it mean to you to be the first woman to hold the role of UN Special Rapporteur on Torture?

Dr Alice Edwards
For me, personally, this appointment is a great honour. I've been working for the rights of victims of human rights violations and torture for over 25 years, with a particular focus on women and girls, especially in the context of war and armed conflict. So, I think my appointment as the first woman is symbolically powerful to let other women know that even in male dominated domains, and the area of the prevention of torture, given that it confronts mostly military, security, police and other such actors, has and is and remains a male dominated field. So, I hope that it gives inspiration to others considering a journey in this area.

And then substantively, I think it’s significant that my past work focused on women’s rights and I will be ensuring that I look at the issues of women's rights and other minority and disadvantaged groups throughout my tenure, making sure that we consider at every turn what the implications of particular laws, policies or practices would be for women and girls and other disadvantaged or marginalised groups.

Almudena Garcia

Dr Alice Edwards is the new UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

We hope you enjoyed this episode of Perspectives. We’ll be back soon with another episode. And if you have an idea for us to cover on Perspectives, we’d love to hear from you. Contact us via email on apt@apt.ch. Or find us on our social media: Facebook, Twitter and LinkedIn.

Thanks for listening and we look forward to your company next time.