PART B – International standards in the Istanbul Protocol that complainants must follow, and statistics on the number of complaints and how they have been dealt with. 2. ACTION AT THE NATIONAL LEVEL TO OFFSET DEFICIENCIES IN PROSECUTIONS Flaws in the investigative procedures may lead to deficiencies in the prosecution of alleged perpetrators. There are a range of reasons for low successful prosecution rates. These include ineffective investigations, and overly short deadlines for bringing criminal proceedings against alleged perpetrators. The above procedural flaws differ from barriers which impede prosecutions altogether, such as amnesty laws.158 Supporting evidence is vital to a successful prosecution, otherwise it is usually a case of one person’s word against another. Medical evidence (both physical and psychological) is probably the most important type of evidence that can be obtained and will usually add strong support to witness testimony. The Istanbul Protocol contains detailed guidelines on obtaining physical medical evidence in Chapter V and psychological medical evidence in Chapter VI. It outlines the type of evidence that investigators should try to obtain from different sources, including through interviews. Where possible, lawyers and doctors should interview the alleged victims and obtain medical evidence (physical and psychological), in particular but by no means confined to, medical reports, circumstantial evidence, and witness statements (ensuring safeguards and techniques for the safety of witnesses).159 It is rare, however, for a medical report to be conclusive (proof with certainty that torture occurred), because: 37 • Many forms of torture leave very few traces, and even fewer leave long-term physical signs • It is often difficult to prove beyond question that injuries or marks resulted from torture and not from other causes. What a medical report can do is demonstrate that the recorded injuries or behavioural patterns are consistent with (could have been caused by) the torture described. Where there is a combination of physical and psychological evidence consistent with an allegation, this will strengthen the overall value of the allegation. Lawyers therefore, must recognise the importance of checking injuries sustained by detainees as well as signals of psychological abuse and that such indications must be examined by an independent, qualified doctor as quickly as possible (so that these injuries can be documented as evidence in the greatest possible detail). To play an active role in investigations, it is essential for lawyers to know how to document the state of health, both psychological and physical, of the client, so as to be able to submit relevant information to the responsible authorities and institutions. This may include requesting an independent medical examination and medical report where necessary. While medical evidence is important to show that torture has occurred; further evidence is needed to identify the perpetrators and establish their criminal responsibility. To this end, it is vital to draw on all available sources of information that may constitute evidence, such as statements by victim and witnesses, custody records and the list of officers on duty.