CAT/C/42/2 page 32 Annex VII ANALYSIS OF THE ISTANBUL PROTOCOL Introduction 1. The Istanbul Protocol is a United Nations manual on medical and psychological documentation of torture and other cruel, inhuman and degrading treatment or punishment and its application in the process of investigation and legal proceedings in the context of the struggle against impunity and the prevention of torture and ill-treatment. The following presentation proceeds from the medical perspective. 2. Considering the validity and usefulness of the Istanbul Protocol as a soft law instrument, the SPT is of the view that States should promote, disseminate and implement the Protocol as a legal instrument to document torture cases of people deprived of their liberty through medical and psychological reports drafted under adequate technical standards. These reports can not only constitute important evidence in torture cases but, most importantly, they can contribute to the prevention of cruel, inhuman and degrading treatment. The Subcommittee on Prevention of Torture notes that it is crucial that doctors and other health professionals be effectively independent from police and penitentiary institutions, both in their structure - human and financial resources - and function - appointment, promotion and remuneration. 3. The SPT is of the opinion that since the Istanbul Protocol is a United Nations document, the provisions in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment must be a minimum standard for the definition of torture. Article 1 of the Convention states that “torture means any act by which severe pain or suffering, whether physical or mental, is inflicted intentionally …”. 4. Thus, extension of the definition by e.g. adding that the victim’s life or function of vital organs must have been endangered is inappropriate. 5. The Istanbul Protocol gives detailed guidance for medical/psychological professionals for the best standard of the examination of a person who alleges to have been tortured or ill-treated. 6. The basic principle in the appraisal of the veracity of allegations of torture and ill-treatment is to inquire into: (a) The medical history and the history of torture; (b) The subjective state of health/presence of symptoms during torture and in the ensuing period of time; and (c) Perform a profound medical and psychological examination, and if necessary refer the person to specialised examinations like various kinds of scans; (d) In conclusion, the degree of concordance/agreement between those elements is determined.