PART B – International standards in the Istanbul Protocol
• A description of weapons or other physical objects used[…]
• The identity of witnesses to the event involving torture[…]”133
The interviewer should be aware that often
there will be inconsistencies and gaps in
the victim’s story. This does not necessarily mean that the story has been fabricated.
Many torture survivors have suffered forms
of torture that may result in cognitive impairment.134
(iii) Interviewing other witnesses
An investigator should identify persons who
would be in a position to provide information about the torture and related events.
This would include anyone who was with
the victim shortly before the arrest or witnessed the arrest. It also includes doctors
and others who may testify to the state of
health of the victim prior to being arrested.
Other detainees are of particular importance
as witnesses as they may have either witnessed the actual torture or may, by giving
an account of their own torture, corroborate
the victim’s testimony and other evidence.
In interviewing such witnesses, steps need
to be taken to obtain informed consent and
seek protection from adverse consequences
resulting from the interview.
Prison staff and police officers are also key
witnesses as they may have either been present at the time the torture took place or may
have otherwise come to know about the torture and/or the perpetrators. The challenge
for the investigator will be to obtain information where there is a closing of ranks by the
officials. Ideally there should be adequate
procedures in place at the suspect authority
to prevent any conflicts of loyalty hindering
an investigation, such as police officers being duty-bound to inform superiors about
any misconduct by colleagues, and being
able to do so in a confidential manner. The
investigator should conduct interviews as
soon as possible after the complaint in order
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to minimise collusion and these should be
conducted on an individual basis.
(iv) Interviewing the suspect
If investigators are in a position to interview
suspects they should be cognisant that officials who are suspects will often have a good
knowledge of the investigatory system and
seek to undermine the process. As a result,
investigators should:
• Receive adequate training and conduct
interviews in a professional manner, in
accordance with an established protocol
• Apply due process principles (e.g. the
offering of legal assistance) in line with
international standards to prevent any
later claims of procedural impropriety.
Senior officers may be responsible for the
conduct of their subordinates under command responsibility and should also be interviewed as potential suspects.
c. Considerations for governments
and specific bodies
Governments
A functioning system and adequate political will are essential requisites for a State to
fulfil its obligations to investigate effectively
allegations of torture. Where the investigating machinery is defective e.g. resulting in
widespread impunity of perpetrators, governments should order an independent and
thorough review of their legal system and
investigative institutions to identify existing
shortcomings.
Governments must ensure that there is sufficient practical training for law enforcement
personnel and judges in initiating prompt
and impartial investigations.135 Specialist
training should be given to doctors in the
examination and documentation of torture and ill-treatment and a suitable protocol (consistent with the Istanbul Protocol)
should be followed.
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