A Hydra in Detention Settings: a context-based inquiry of Corruption’s many heads
Human Rights Law Review
Oxford University Press (OUP)
Reason for embargo
To prevent torture and other ill-treatment, it is necessary at the same time, to tackle corruption. This paper seeks to conceptualize corruption in the specific context of criminal justice systems, where the majority of torture and other ill-treatment is recorded. No agreed definition of corruption exists, and due to the nebulous and context-specific nature of corruption, the paper argues for context-led understandings of corruption which, for effective prevention, should be common to interested bodies. Drawing on the empirical findings of the SPT and CPT the paper builds a picture of corrupt practices in context, identifies key elements, and highlights and addresses several conceptual problems. Significant among these is that distinguishing “corrupt practices” from “torture”, “reprisals” and “impunity” is, in many cases, not logically possible. Bringing greater clarity to the issue, the paper finishes by suggesting several ways the institutions can adjust their reporting to bolster their preventive ambition.
This is the author accepted manuscript. The final version is available from Oxford University Press via the DOI in this record.
First published online: December 23, 2016