PART B – International standards in the Istanbul Protocol
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tors to any information pertinent to
the investigation and where there
might be a possibility of sources of
evidence being overlooked, to ensure that the investigation produces
evidence that is admissible in court
Submit the victim’s statement as
well as the record on the health
condition together with the body
diagram to the investigative authorities with the consent of the victim
Request the authorities to undertake the necessary steps to investigate allegations of torture based
on the information provided in the
victim’s statement
In parallel, if possible, collect and
submit any evidence referred to by
the victim and submit it to the investigating body
Assess the thoroughness of an investigation by checking if investigators
have sought all relevant sources of
evidence before injuries disappear
or witnesses are no longer available, including medical evidence
(of both physical and psychological
damage)
If possible, promptly submit any
concerns with the thoroughness of
the investigation, such as delays in
conducting medical evaluations, in
writing and request second medical evaluations if the competence
or impartiality of the examining
health professional is called into
question- Use the record of the
health condition and the body diagram to ask for a (second) medical
report and, as appropriate, submit
it to medical chambers, universities
or other institutions for an independent report
Challenge any report issued by the
investigative mechanism that is
not sufficiently comprehensive and
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reasoned, including information on
why certain lines of enquiry were
pursued and others not and highlighting any irregularities found in
the course of the investigation; cite
international and national guidelines/rules on collecting evidence
and principles on investigations, including the Istanbul Protocol
Collect secondary documentation
(such as reports of human rights organisations, research studies, press
articles) to support a case that an
existing investigation is ineffective
or that the particular circumstances
of the case (e.g. highly political) require an independent investigation
or re-investigation of the allegations
Intervene with the relevant authorities where public officials (who may
or may not have been charged with
perpetrating torture but are implicated in the allegations) have not
been suspended from their positions
during the period of investigation
Seek safeguards for health professionals undertaking medical examinations to ensure they have
sufficient time and privacy and to
avoid any sanctions, in case their
examinations confirm that torture
was inflicted
Develop a database that fully documents all torture-related complaints
and investigations using a sound
and consistent methodology, and
undertake regular reviews and
analyses with a view to identifying
legislative and institutional shortcomings
On the basis of such findings, advocate for requisite legislative, institutional and practical changes,
including the setting up of independent complaints mechanisms.
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