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curriculum and
programmes. 24
offered
as
part
of
continuing
professional
development
Professional standards
45. Forensic and medical reports of sufficient quality require standardized medico legal evaluation report forms in accordance with Istanbul Protocol guidelines. They
include standardized screening formats and formats for full Istanbul Protocol
evaluations. Forensic experts must have unrestricted access to relevant evidence,
including crime scenes, material evidence, witnesses and relevant documents,
including interrogation logs and medical records. 25 In detention facilities it is
important that all medical examinations are performed with audio, video and
photographic equipment. Medical and psychological reports should record the
identity of the health professional and the findings of the exami nation. The
provision of forensic science services across the criminal justice system is regulated
by professional and ethical standards. Associations organizing the relevant
professional groups on the international and national levels can play an importan t
role in recommending a universal model and holding their members to such
standards.
46. In some countries, the Special Rapporteur has observed the use of
accreditation or certification schemes. While these cannot be excluded, they should
only be used as a means of initial verification that persons executing the State ’s
obligation to investigate are qualified to undertake this responsibility. They should
not be used to grant exclusive access to collect and present evidence to certain
professionals, nor to evaluate expertise in relation to specific court cases. Expertise
and expert evidence, including that presented by independent or non -state actors,
should be assessed on the basis of their merits in cases.
D.
Role of forensic evidence in legal proceedings
47. Specialized health professionals can, through careful and thorough evaluation
of physical and psychological sequelae, provide crucial medical and psychological
findings and evidence that can be communicated to the judiciary and other bodies
adjudicating civil, administrative and criminal matters, including claims made under
the exclusionary and non-refoulement rules, and victims’ claims for reparation. 26 In
__________________
24
25
26
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See C. Foley, “Combating Torture: A Manual for Judges and Prosecutors” (Human Rights
Centre, University of Essex 2003)); International Rehabilitation Council for Torture Victims,
“Action against torture. A practical guide to the Istanbul Protocol — for lawyers” (Copenhagen,
2009); Petur Hauksson, “Psychological evidence of torture: how to conduct an interview with a
detainee to document mental health consequences of torture or ill-treatment” (Strasbourg, 2003);
Redress, “Reparations before the International Criminal Court: Issues and Challenges” ( London,
2011).
See International Forensic Expert Group, “Statement on access to relevant medical and other
health records and relevant legal records for forensic medical evaluations of alleged torture and
other cruel, inhuman or degrading treatment or punishment”, TORTURE Journal on
Rehabilitation of Torture Victims and Prevention of Torture, vol. 22, supp. 1 (2012).
In the United Kingdom the Medical Foundation has produced a study entitled “Body of
Evidence”, detailing the treatment of forensic evidence, and specifically Medico -Legal Reports,
by the Upper Tribunal of the Immigration and Asylum Chamber. The report shows the
correlation between favourable decisions and expert medical evidence. The weight given to
expert medical evidence will depend to a great extent on the expert’s expertise, experience and
opportunity to investigate.
14-61535
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