The form is expected to be introduced in the near future which will allow medical workers to document cases of torture effectively and will become yet another possibly effective mechanism in the area of torture prevention. The UN Special Rapporteur on Torture pointed out that it is difficult to prove that torture was used unless a medical examination is carried out immediately. In this light, the Special Rapporteur recommended that Kyrgyzstan set, in its national legislation, a minimum timeline within which a medical examination should be conducted without delay in conformity with the Istanbul protocol. 110 He also advised that the number of qualified medical workers in temporary and pre-trial detention facilities should be increased, while medical personnel should be guaranteed independence in places of detention by transferring them from the MoI and SSEP to the Ministry of Health. Forensic medical services on medical investigation of torture and other forms of ill treatment should receive adequate training.111 6.3. DOCUMENTING CASES OF TORTURE. PROVIDING LEGAL ASSISTANCE TO VICTIMS OF TORTURE On the basis of the 2011 monitoring findings (but also taking into account the experience of nongovernmental organizations involved in the monitoring of places of detention in 2012) persons subjected to torture and ill treatment oftentimes are not in a position to adequately protect their rights. The following were the most important tasks within this monitoring study: documentation of cases of torture and cruel treatment identified in the course of the monitoring study; providing emergency legal assistance to: – victims of torture or other cruel and inhuman treatment and punishment; – victims of other illegal actions by law enforcement officers; – persons in places of detention who are not provided with effective legal assistance in court (no defence lawyer); – juveniles in places of detention who are not provided with effective legal assistance in court (no defence lawyer); – women in places of detention who are not provided with effective legal assistance in court (no defence lawyer). Unfortunately the situation concerning compliance with minimum fair trial standards did not significantly improve throughout 2012. One of the most egregious violations remains the limited access by those suspected, charged or defendants to legal assistance by a defence lawyer of their own choosing to protect their rights at all stages of criminal proceedings and more generally the right to access a lawyer for all those arrested or detained, either with or without charges brought against them. As mentioned above, the majority of persons subjected to torture and ill treatment (as well as their relatives) due to financial restraints are not able to choose a lawyer independently. According to the CPC KR, in such cases the investigation bodies invite defence lawyers themselves to provide free 110 111 Report of the Special Rapporteur on Torture, para. 81 (c). Report of the Special Rapporteur on Torture, para. 81 (e). 73