34 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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