A/69/387
(a) Ensure that prosecutors utilize and process medical evidence in
accordance with national standards and procedures, and that prosecutors and
judges order independent forensic evaluation where appropriate;
(b) Ensure that all evidence in court proceedings is evaluated on merits,
with a specific focus on the independence and impartiality of the body
collecting the evidence;
(c) Ensure that the Istanbul Protocol is used for verifying all allegations
of torture and other ill-treatment and that the medico-legal reports undertaken
in compliance with the standards and principles of the Istanbul Protocol,
including independence and impartiality, are considered as reliable evidence on
the issue of whether torture has or has not been perpetrated;
(d) Ensure that rules of evidence provide for the admission of medical
and psychological reports of independent health practitioners into evidence i n
criminal, civil and administrative cases and that such reports are evaluated on
their merits and assigned persuasive weight in that measure;
(e) Encourage independent health experts to review State examinations
and to conduct their own independent assessments;
(f) Ensure that public forensic medical services do not have a monopoly
on expert forensic evidence for judicial purposes;
(g) Institute safeguards and mechanisms to enable health professionals
to report allegations and evidence of torture and other ill-treatment in an
environment free from any harassment, intimidation or retaliation and in a
manner compliant with their duties of confidentiality.
74. Recommendations regarding promoting medical documentation and the
application of the Istanbul Protocol as a standard:
(a) Endorse and support the Istanbul Protocol Plan of Action for the
effective implementation of the Istanbul Protocol;
(b) Establish an “investigative authority” with guarantees of
independence, efficiency and effectiveness and with powers to investigate
sua sponte allegations of torture in accordance with the Istanbul Protocol;
(c) Ensure that powers of the “investigative authority” are enshrined in
legislation;
(d) Allocate sufficient budgetary and technical resources to the
“investigative authority”;
(e) For signatories of the Optional Protocol to the Convention against
Torture, the National Preventive Mechanism has to include forensic expertise
under the conditions mentioned in this report.
14-61535
23/23
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents