PART B – International standards in the Istanbul Protocol
or practice that may have brought about
the torture.”123
The evidence will fall into three main categories; that obtained at the “scene of the
crime”, medical evidence and witness testimony:
i. Scene of the crime evidence
The scene of the crime should be identified
and secured as soon as possible in order to
preserve any evidence located there. Once
sealed off, the investigator should:
Collect and record all material evidence in
accordance with established procedures.
This includes, according to the Istanbul Protocol, the taking, labelling and preserving
of:
• “[…]any samples found of body fluid
(such as blood or semen), hair, fibres
and threads[…]
• […]any implements that could be used to
inflict torture[…]
• […]any fingerprints located[…]
• […]a labelled sketch of the premises or
place where torture has allegedly taken
place must be made to scale, showing all
relevant details[…]
• […]colour photographs[…]
• […]a record of the identity of all persons
at the alleged scene[…]
• […]an inventory of the clothing of the
person alleging torture should be taken
and tested at a laboratory[…]
• […]determine whether [anyone present
on the premises or in the area under
investigation] were witness to the incidents of alleged torture
• […][Save] any relevant papers, records
or documents[…]for evidential use and
124
handwriting analysis.”
ii. Medical evidence
Medical evidence is important in the documentation of torture as it can add strong
support to a victim’s statement and may
even provide confirmatory evidence that a
29
person has been tortured. It is also critical
to assess any treatment needs of the victim.
It is therefore necessary for an investigator
to arrange for a timely medical examination
of the victim. This will often lead to the writing of a medical report containing the health
professional’s findings, which may eventually be put before an administrative or judicial body.
The health professional’s duty is to the court
to provide an independent opinion on the
allegations together with any corroborat125
ing medical evidence. They should not be
employed by the detaining authority and
should follow an established protocol when
compiling their report. The report should include at least the following:
• Circumstances of the interview: name
of the subject and those present at the
interview; exact time and date; location
and nature of the institution where the
examination is being conducted; any
relevant factors at the time of the examination (e.g. nature of any restraints on
arrival or during the examination, presence of security forces)
• History: detailed record of the subject’s
story as given during the interview, including alleged methods of torture or
ill-treatment, times when torture or illtreatment is alleged to have occurred
and all complaints of physical and psychological symptoms
• Physical and psychological examination: record of all physical and psychological findings on clinical examination,
including appropriate diagnostic tests
and, where possible, colour photographs
of all injuries
• Opinion: interpretation as to the probable relationship of the physical and psychological findings to possible torture or
ill-treatment. A recommendation for any
necessary medical and psychological
treatment and/or further examination
shall be given
• Authorship: the report should clearly
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