Preventing torture through documentation International law obliges states to properly investigate all allegations of torture and to punish those responsible. States also need to provide reparations for victims of torture, including fair and adequate compensation, restitution and rehabilitation to the fullest extent possible. Yet, torture often takes place in secret, and many torture methods are designed to be as painful as possible without leaving physical marks. A key purpose of documentation is thus to make it impossible for perpetrators to deny their crimes. One of the major challenges in proving torture, and thus fighting impunity is to obtain sufficient evidence in cases against alleged perpetrators. If there is no proof that torture took place, a climate of impunity can come to exist. In such a climate, perpetrators can continue to torture without risking arrest, prosecution or punishment. The perpetrators need not fear that they will have to face justice systems because of their crimes. However, through the use of documentation, torture can be proved. Specialised health professionals can, through careful and thorough examination of physical and psychological sequelae, establish crucial medical findings and evidence that can be communi- cated to the judiciary and other appropriate bodies. Where documentation is carried out, it puts pressure on states to fulfil their obligations under international law to fully, promptly, impartially and thoroughly investigate allegations of torture and provide reparation to victims. However, often the required forensic expertise1 is not available to produce medico-legal reports of sufficient quality or the reports are not taken into account in legal proceedings due to flawed regulations or practice. Other constraints relate to limited awareness among relevant stakeholders, especially at the national level, on the important role that medical documentation can play in establishing evidence, and the frequent intimidation and harassment of victims and professionals involved in trials against alleged perpetrators. For this reason, the IRCT has, for a number of years, worked to promote the value and use of medical documentation of torture according to the international standards contained in the Istanbul Protocol, 1. The term “forensic expertise” embraces medical expertise as well as psychiatric/psychological expertise and expertise provided by forensic anthropologists. Documentation is essential because of the obligations of the state with regards to torture. The state has many obligations, but each one of them is dependent on being able to document and prove that torture has happened. Unfortunately, torturers know of the difficulty of proving torture and therefore find ways of avoiding accountability. — Juan Mendez, UN Special Rapporteur on Torture I think it’s very important to bring survivors of torture to speak out about how they have been able to go through these processes. What they say is not only incredibly powerful, but is what the torturers would like to never hear. — Mostafa Hussein, El Nadim Center for Psychological Treatment and Rehabilitation of Victims of Violence, Egypt Getting the evidence: Countering torture through medico-legal documentation 1