A/69/387
by police services. If medical staff, including forensic doctors, serve under law
enforcement or security agencies or the prison sector, they are under the same
employer as the officers in charge of interrogating and holding detainees. They may
have conflicted loyalty between their employer and their professional obligation to
report torture or ill-treatment, out of fear of jeopardizing their employment or other
reprisals. In the context of allegations of torture or other ill-treatment, the provision
of forensic services from within the police force and lack of independent oversight
has been criticised by the Special Rapporteur on previous occasions and the
mandate has recommended that systems be reorganised to ensure independence from
the police. In addition, in those cases, it should be mandatory to submit the person
to an independent assessment, external from prison medical services.
2.
Implications for effective implementation
Basic requirements
38. An effective forensic evaluation must include both medical documentati on of
all findings and an expert opinion on the specific nature of the symptoms, their
origin and consistency with concrete allegations. The health care professional ’s duty
is to provide an independent opinion on the allegations together with any
corroborating medical evidence. Reports should include the circumstances of the
interview, a detailed record of the subject’s story given during the interview, all
reported physical and psychological symptoms, records of physical and
psychological examination, findings on clinical examination, appropriate diagnostic
tests and, where possible, colour photographs of all injuries. The opinion part of the
report should point to the probable relationship between the physical and
psychological findings and possible torture or other ill-treatment. Authorship of the
report must be noted.
39. Therefore, where a detainee or any other person alleges torture or other
ill-treatment or where there is reason to believe that torture or other ill-treatment has
happened, alleged victims should be given an immediate examination by a doctor
who can make an accurate report without interference by the authorities. Forensic
evaluation must conform to established standards of medical practice, be undertaken
only with prior informed consent, conducted in private and take full account of the
victim’s statements. The undertaking of such evaluation should not be dependent on
the initiation of an official investigation or subject to prior authorization by an
investigating authority. 20 Furthermore, the right to request an independent medical
evaluation should also extend to members of the detainee ’s family and other bodies
designated to receive complaints. In cases of death in custody, the deceased ’s family
and, in their absence, other interested parties, must have the right to request an
autopsy to be performed by an independent health professional of their choice.
Detention screening and documentation system
40. In order to effectively detect and document torture and other ill-treatment in
places of detention, there must be a system of routine medical screenings at entry,
periodically during incarceration, at exit, at all transfers and upon request. Such
screenings must be capable of identifying both physical and psychological
__________________
20
14-61535
See European Court of Human Rights, Mammadov (Jalaloglu) v. Azerbaijan, 2000, para. 74; see
also CPT standards, para. 30.
11/23
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