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 31 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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