Further promotion of the Istanbul Protocol and the documentation of torture 67 Further promotion of the Istanbul Protocol and the documentation of torture In the preceding pages a broad range of experts and practitioners from an equally broad range of countries have outlined the Istanbul Protocol’s role as a unique guide enabling legal and medical professionals to methodically investigate, document and report cases of alleged torture. Crucially, the Protocol introduces internationally recognised common standards for the assessment of such cases – including methods to facilitate interviews with survivors – and enables a credible scientifically based interpretation of individual stories of torture and ill-treatment. The Istanbul Protocol is neither a treaty nor a resolution, nor was it intended as such. However, as Claudio Grossmann argues in his article, the Protocol has developed into an enforceable legal instrument, setting forth obligations that states must incorporate into their domestic legislation, and which international supervisory organs must apply in their decisionmaking. International law establishes a clear obligation to prosecute perpetrators of torture and grants survivors the right to reparation. For this to be realised, the act of torture must be proven beyond reasonable doubt. Here, the burden of proof initially falls on the victim. However, obtaining evidence to support legal action is often extremely challenging due to the simple fact that torture is a covert crime. Torture methods are often selected for maximum impact and minimum detectable physical signs, and victims are often detained until (most of) their injuries have healed. This poses a particular challenge since physical and psychological injuries typically constitute a survivor’s only means of evidence, because he or she often will have no access to official files, no witnesses and a police force reluctant or unwilling to investigate. In addition, doctors and lawyers commonly lack the specialised knowledge and skills needed to document torture and to use the resulting evidence By Susanne Kjær, Alice Verghese and Miriam Wernicke Susanne Kjær is project manager at the IRCT, Alice Verghese is IRCT Programme Coordinator for Asia & Pacific, and Miriam Wernicke is IRCT Legal Adviser