A/HRC/34/54/Add.2
relies on investigations conducted by police officers, which does not guarantee
independence.
6.
Lack of effective investigations of torture allegations
94.
The Special Rapporteur is extremely alarmed that investigations into allegations of
torture and ill-treatment are not investigated. He discerned a worrying lack of will within
the Office of the Attorney-General and the judiciary to investigate and prosecute
allegations. He was informed repeatedly by various interlocutors that there had been no
complaints of torture or ill-treatment and, consequently, no investigations.
95.
There are a vast number of documented cases, and the failure to prosecute them
clearly indicates a lack of will on the part of the judiciary. Impunity is directly attributable
to the entire criminal justice system, and particularly to the judiciary.
96.
Under the State’s international obligation to prevent torture, it is the responsibility of
prosecutors and judges to establish whether anyone has been mistreated, even in the
absence of a complaint. The State must actively prosecute officials who, in abuse of their
authority, order, condone or cover up torture, including in situations where they knew or
ought to have known that torture was about to be, was being, or had been committed.
7.
Forensic and medical examinations
97.
The Code of Criminal Procedure Act provides that, if an officer in charge of a police
station deems it necessary for an investigation, police may order a medical examination of a
detainee by a government medical officer (art. 122). In addition, detainees can complain
directly to the magistrate about their treatment and request such an examination (art. 137).
98.
The Special Rapporteur was informed by the Ministry of Health that the Police
Ordinance requires all persons in police detention to be examined by a judicial medical
officer, a specially trained medical doctor belonging to the Department of Forensic
Medicine, before they are brought before a magistrate and prior to their release. However,
this only occurs in about 20 per cent of cases.
99.
Forensic procedures and forensic medical expertise seem adequate regarding deaths
in custody and autopsies, but clinical forensic examination of victims of torture are
seriously lacking. A specific medical report model for the forensic examination of survivors
of torture and ill-treatment has been put in place by the forensic services, but still leaves a
large margin for improvement. Specific training in forensic medical investigation and
documentation of torture and ill-treatment is needed, as well as training for judges,
prosecutors, lawyers and the police on how to interpret reports.
100. Medical examinations need to be done in a timely manner to be meaningful; the
current practice results in the loss of important evidence of physical and psychological
trauma.
101. The Special Rapporteur is concerned about the procedure followed for the medical
examinations of detainees. It is worrying that the detainee is often accompanied to the
judicial medical officer by the same police officer accused of abuse and that the judicial
medical officer reports the results to the same officer. There is therefore a need to reform
the legal framework to guarantee the independence of judicial medical officers.
102. Legal professionals and detainees who were interviewed indicated that it is very
difficult for a victim to obtain a copy of the judicial medical officer’s report, as it must be
requested through the courts, in violation of the Istanbul Protocol. Reports should be
directly and unconditionally available to the accused.
16
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