A/69/387
focus is on curing sick detainees and examining new arrivals for contagious
diseases or obvious wounds. Since traumata caused by torture are not
necessarily visible, their examinations likely miss a considerable number of
torture cases. 36 The Special Rapporteur observes that there is a lack of proper
in-take and exit examinations, which would detect suspected cases of torture.
62. The lack of independence and impartiality of many forensic medical
services and health professionals is a key obstacle to combating impunity for
perpetrators and ensuring reparations to victims. Health professionals tasked
with the medico-legal evaluation of alleged victims of torture, with
investigations into deaths in custody and with providing forensic evidence in
criminal proceedings must enjoy organizational, institutional and functional
independence from the police, judiciary, military and prison services. The law
and practice must ensure that they act in full impartiality.
63. States are responsible for seeking forms of cooperation, including sharing
of best practices among other similarly resource-challenged countries, to
breach the gap as much as possible. States and national institutions responsible
for investigating allegations of torture must be allocated sufficient resources to
conduct their duties, including adequate premises, medical equipment,
photographic and video equipment and access to medical investigations and
imaging. In addition, there should be an adequate number of qualified health
personnel (State and private).
64. The Special Rapporteur emphasizes that the evaluation of medical and
psychological documentary evidence and expert opinions, including psychiatric
and psychological evidence, must move towards a more systematic approach.
The role of psychiatric and psychological expertise, in identification and
verification of allegations, must be strengthened. The CPT and the Istanbul
Protocol standards serve as a standard for evaluation of medical evidence, as a
reference tool for experts delivering expert opinions, as a benchmark for
assessing the effectiveness of the domestic fact-finding and as a means of
redress for victims. These or similar standards must be implemented in
domestic frameworks for torture investigation. Courts must accept and
evaluate independently collected evidence on their merits.
65. Close collaboration between the health and legal professions is crucial in
the effective investigation of alleged cases of torture and in establishing
procedures on how to recognize and document symptoms of torture so that the
documentation may serve as valid evidence in court. 28
Recommendations
66. Ensure that the fundamental principles of investigation, such as
competence, impartiality, independence, promptness and thoroughness are
enshrined in legislation and officially recognized among relevant departments
and personnel, including prosecutors, defence attorneys, judges, law
enforcement, prison and military personnel, forensic and health professionals
and those responsible for detainee health care.
67. Adopt and implement the Istanbul Protocol as an investigative tool and
standard.
__________________
36
20/23
Ibid., para. 127.
14-61535
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