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

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