Prompt and independent investigation: the Serbian experience
cases. Such a provision could for instance address issues
related to conflicting evidence.
Concerning adequate and impartial medical investigation,
challenges are related also to the fact that forensic medical
experts usually provide their professional opinion based on
existing medical records, without examining the potential
torture victim. This leaves no option for assessing whether
medical evidence is being properly collected. Furthermore,
the importance of psychological evidence of torture is still undervalued in Serbia. Lots of experts, both legal and medical,
are not aware of how significant psychological evidence could
be when investigating torture allegations and psychological
evidence is often dismissed as insufficient. As torture methods
become more sophisticated every day, the problem of finding
physical evidence of torture becomes more challenging and
recognition of psychological evidence becomes more important.
Another main challenge to prompt, adequate and impartial
investigation of torture cases is the lack of awareness and expertise among all actors. Health personnel do not have access
to sufficient education and training in identifying signs of
torture and in Istanbul Protocol principles or other standardised assessment instruments or these are not used in regular
clinical practice. Lawyers and judges do not have adequate
knowledge about torture, resulting in inadequate abilities to
interview witnesses, forensic doctors or victims. Lastly, the
victims are generally not aware of their rights and the need
for prompt documentation, resulting in the loss of important
evidence. In addition, there is a general lack of capacity within
the very few independent organisations working to support
torture victims in the areas of redress and rehabilitation.
As independent non-governmental organisations should
be key players in ensuring prompt and, above all, impartial
investigation of torture allegations, more centres/NGOs with
trained and competent legal and medical staff must be established. Moreover, already existing centres should be supported to continue and improve their work related to rehabilitation
of victims and prevention of further torture cases. Financial
support as well as logistic and informational support from
different donors is necessary to obtain this goal. In addition,
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