It is widely acknowledged that it is during the investigatory stage of detention under the criminal justice system that persons are most at risk of being tortured. It is during this stage of detention when ‘incentives’ to torture are most prevalent e.g. to obtain confessions or information. In addition the practice of torture during pre-trial detention is facilitated by a range of systemic problems, such as criminal justice systems centred on confessions; corruption; lack of access to legal assistance; poorly trained and paid law enforcement officials who do not have access to modern criminal investigation tools; and the popularization of a “tough on crime” approach to criminal justice. Furthermore, monitoring bodies and experts often report that conditions of detention for those being held in pre-trial detention are worse than for convicted prisoners. 

To raise awareness and better understand the impact of the excessive and misuse of pre-trial detention the HRIC and OSJI have worked together to encourage the development and implementation of standards and safeguards aimed at reducing pre-trial detention and improving safeguards and conditions for pre-trial detainees worldwide. This partnership has included a range of activities such as: 

The HRIC and OSJI continue to work in collaboration with the UN SPT, the Special Rapporteur on Prisons and Conditions of Detention in Africa, the Committee for the Prevention of Torture in Africa, as well as other international and regional experts and organisations to assist efforts to improve the implementation of safeguards for persons in pre-trial detention.