A/69/387
conflicting expert opinions. 28 The process of analysis and the conclusions must be
clear and logical and the expert must possess certain qualifications ensuring t he
rendering of an informed and reasoned conclusion. 29 As a legal principle, an expert
report on torture, its relevance and reliability should be weighed and assessed in the
same manner as any other evidence. Where the expertise of a witness is not in
doubt, there must be clear grounds for rejecting the expert’s testimony or report.
However, an expert’s opinion is only as relevant and reliable as the circumstances
surrounding its development and the information upon which it is based. For
instance, if the underlying medical and psychological documentation on which the
expert’s opinion is based do not appear credible, the expert’s report may be given no
weight. Therefore, objective supporting evidence (for example, X -rays) can be
crucial in determining the reliability of the expert opinion. If an expert report is
available it must be taken into account and, if rejected, reasons must be given.
2.
Judicial consideration of medical evidence
51. During country visits, the Special Rapporteur observed that, in add ition to the
lack of competent forensic experts and health professionals, the legal profession
often lacks capacity and knowledge to apply such evidence adequately. One reason
for the low impact of forensic reports on torture is the gap between scientists and
judicial authorities. Prosecutors and judges are often unable to evaluate adequately
forensic evidence because of its complexity or often substitute their own reasoning
for that of the expert’s. This constitutes a major limitation to the effectiveness of
forensic evidence and can only be eliminated through the training of judges and
prosecutors on the effective forensic documentation of torture and other
ill-treatment and on evidence that can be used in legal proceedings. Specifically,
prosecutors and judges, as well as health professionals, must be trained on the
Istanbul Protocol and other relevant materials. In addition, it is key to bring together
authorities and civil society representatives with established forensic experts to
promote forensic capacity-building and professional development.
3.
Consideration of psychological evidence
52. Collection and forensic evaluation of psychological evidence involves the
assessment of an individual’s psychological condition and the causes thereof. The
process of forensic psychological evaluation parallels the analytical process for the
forensic evaluation of physical evidence: determining the consistency of allegations
with the victim’s experience and existing sequelae. A rigorous, extensive and
intensive psychometric and psychiatric assessment can have high probative value.
Moreover, the Istanbul Protocol emphasizes a comprehensive physical and
psychological evaluation considered together as the forensic cornerstone to
verifying a victim’s allegations of torture. This comprehensive forensic evaluation
and verification of allegations includes knowledge of human rights and political
context, the personal biographical history, previous health records, description of the
acts of torture, consistency between verbal and non-verbal communication,
coherence in the events described, consistency between the events described and the
emotion and resonance with which they are expressed, acute symptoms, social life
__________________
28
29
16/23
See Asger Kjaerum, “Desk study: combating torture with medical evidence”, TORTURE Journal
on Rehabilitation of Torture Victims and Prevention of Torture, vol. 20, no. 3, 2010.
See European Court of Human Rights, Muradova v. Azerbaijan (app. no. 22684/05), 2 April
2009, paras. 116-119.
14-61535
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents