A/HRC/34/54 inhuman or degrading treatment or punishment” as a whole, or of its separate elements. A former Special Rapporteur has argued that “the distinguishing factor is not the intensity of the suffering inflicted, but rather the purpose of the conduct, the intention of the perpetrator and the powerlessness of the victim” (see A/HRC/13/39, para. 60). Thus, based on the work undertaken by his predecessors, the Special Rapporteur will aim to further illuminate and interpret the exact parameters and obligations surrounding the absolute prohibition of torture. With a view to contributing to the doctrine on the prohibition of cruel, inhuman or degrading treatment or punishment, the Special Rapporteur will also endeavour to further clarify the criteria and thresholds rendering a particular treatment or punishment “cruel”, “inhuman” or “degrading”. In doing so, the Special Rapporteur will aim to ensure that the protection space offered to victims of torture and other ill-treatment remains adequate in the light of the fast-evolving challenges marking the contemporary international environment. 2. Promoting treaty participation and soft law standards 21. In all his endeavours, the Special Rapporteur will promote adherence to, and ratification of, core relevant human rights treaties. At the same time, the Special Rapporteur will also promote so-called soft-law standards such as, but not limited to, the Nelson Mandela Rules, the Body of Principles for the Protection of all Persons under Any Form of Detention or Imprisonment, the Bangkok Rules, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the Code of Conduct for Law Enforcement Officials, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and other relevant instruments. Ultimately, the Special Rapporteur will prioritize results-based pragmatism rather than formalism without, however, compromising on applicable norms, terms and standards. Therefore, the primary focus of the Special Rapporteur will not necessarily be to achieve universal ratification of relevant treaties, but rather to advocate for the implementation, in actual practice, of norms, procedures and mechanisms for the effective prevention of torture or other cruel, inhuman or degrading treatment or punishment. 3. Strengthening the Istanbul Protocol 22. The Istanbul Protocol is the first set of international guidelines for the forensic investigation and documentation of torture. It sets standards and procedures for the assessment of persons who allege to have been subjected to torture and other forms of illtreatment, for investigation of alleged torture cases and for reporting such findings to the judiciary and other investigative bodies. 23. The Istanbul Protocol was developed in the span of three years of analysis, research and drafting undertaken by more than 75 forensic physicians, psychologists, human rights monitors and lawyers representing 40 organizations and institutions from 15 countries. It became an official United Nations publication in 1999. 24. The Istanbul Protocol is a uniquely and fundamentally important tool for the prevention of torture and other ill-treatment around the world. Discussions have started in recent years about how to strengthen and enhance the Protocol to better support torture victims’ pursuit of justice. 25. An initial stocktaking and risk-assessment process was thus launched in 2016 by several civil society organizations that have been working with the Istanbul Protocol in practice. The Special Rapporteur on torture, as one of the four core United Nations mechanisms dedicated to eradicating torture, will actively contribute to this review process in the coming years. The stocktaking exercise aims to assess the current global experience with using and implementing the Istanbul Protocol and to identify obstacles and possibilities for strengthening its use. 7

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