Bringing medical evidence of torture to international tribunals
an expert, the scientific reliability of the methods employed,
and the clarity of and support for the expert’s reasoning for the
inferences and opinions asserted. It is up to the medical expert
to describe facts and inferences as clearly as possible, thereby
enlightening judges on technical issues. Expert evidence, if
reliable and drawn from effective investigation and documentation, will greatly enhance a judge’s ability to make legal determinations. As the Istanbul Protocol makes clear, however,
the investigation and documentation are part of a system of
accountability, and ultimately, it is the judge who must determine whether the asserted facts support legal findings that a
crime was committed and by whom.
21
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