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A practical guide to the Istanbul Protocol – for lawyers
steps in accordance with review
procedures) when an allegation
of torture has been brought to the
attention of the relevant national
authority without an investigation being formally opened
• Apply to the competent authority
for an order to take the necessary
steps to preserve the evidence.
What action can be taken where
an investigative body is negligent
or does not follow procedural requirements?
• Throughout the process challenge any decision of the investigative judge that does not comply
with procedural requirements, or
where there has been a failure to
act, apply to the relevant court
for a decision ordering the investigative judge to proceed with the
inquiry
• Determine whether it may be
The following are some practical steps that
may be taken by lawyers to enhance the ef-
• Obtain a detailed statement of
the victim, which includes information regarding the facts possible evidence in relation to the act
of torture and any proceedings
• Record any complaints made by
the victim about his or her health
condition; view injured parts of
the body with the consent of the
victim and indicate injuries on
the body diagram contained in
the Istanbul Protocol
• Examine the medical report for
possible to transfer the matter to
another investigative body
• Advise the competent judicial
supervisory body, such as the Judicial Council, of the matter and
where appropriate, lodge a complaint.
What action can be taken to challenge the decision of a national
authority to close or suspend an
investigation?
• Request a copy of a written decision closing or suspending an
investigation
• Apply to the superior prosecutorial body and/or for judicial review to challenge the legality of
the grounds on which the decision was taken
• Seek to present ‘new facts’ or arguments that may justify the reopening of the investigation.
fectiveness of investigations at the national
level:
any inconsistencies. Compare
the following: medical reports if
there are more than one; medical report(s) with the records of
relevant health units; all the existing documents/reports with
victim’s statement. If you note
any inconsistencies, inform the
judges about your findings and
any possible misconduct. Having sought prior instruction from
the client (to avoid putting him/
her at any risk), alert investiga-
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