The normative value of the Istanbul Protocol 11 The normative value of the Istanbul Protocol The Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol or Protocol) is the first comprehensive document to provide the medical and legal professions with tools for investigating, assessing and reporting allegations of torture, thereby making a vital contribution to addressing the inherent difficulties in proving claims of torture. Adopted in August 1999, the Protocol has since been applied by various United Nations supervisory bodies, regional organisations and practitioners before those organs, as well as in domestic proceedings. Due to the application of classical international law, the Protocol has become an enforceable legal instrument, setting forth obligations that states must incorporate into the domestic legal realm, and that international supervisory organs must apply in their decision-making. The Protocol identifies the specific obligations of the prohibition of torture and elaborates on the steps necessary to meet those obligations. In addition, the Protocol increases access to justice by stipulating safeguards intended to protect citizens against torture. A state’s non-compliance with these safeguards creates a presumption of validity of a plaintiff’s claim, thus shifting the burden of proof from the plaintiff to the state. The Protocol’s framework for medical documentation Proof of torture is highly elusive. Torture traces may disappear by the time a victim receives medical attention, medical personnel may not be properly trained to detect less obvious traces of torture, and torturers may employ methods that do not leave physical evidence. By developing standards for examination and a blueprint for action regarding medical documentation of torture, the documentation aspect has key consequences: it increases By Claudio Grossman Chairman of the UN Committee Against Torture and Dean of American University Washington College of Law