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investigations undertaken. Lawyers must assess whether the official investigation
undertaken by police or other competent body took into account proper medical
evidence or arrangements for independent medical examinations to attest to the
victim’s version of the events are needed. Understanding the physical and
psychological effects of torture is vital when lawyers interview victims with a view
to submitting criminal, civil or administrative claims, as well as when defending a
victim of torture who was forced to incriminate him or herself under torture. Failure
to raise such issues when there is prima facie evidence of ill-treatment is a breach of
professional ethics and competency. Securing the services of experts to examine
evidence, to advise counsel and to testify at trial is critical.
6.
Protection against harassment
55. Too often the victim’s participation in legal proceedings only generates
additional distress for the torture survivor and to witnesses, lawyers and health
professionals subjected to threats. Safeguards and mechanisms should be in place to
enable victims, health and legal 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. Courts are responsible for their protection against any threat or
intimidation, since such acts compromise the integrity of the judicial pr ocess as a
whole. 33
E.
Promoting medical documentation and the application of the
Istanbul Protocol
56. To promote the value and use of medical documentation of torture and broaden
the level of implementation of the international standards contained in the Istanbul
Protocol, a new initiative has been launched. The Istanbul Protocol Plan of Action is
spear-headed by civil society organizations (the International Rehabilitation Council
for Torture Victims, Physicians for Human Rights, Redress and Human Ri ghts
Foundation Turkey). 34 The Special Rapporteur supports this initiative, which seeks
formal State recognition of the Istanbul Protocol so that administrative, legislative,
judicial and independent human rights authorities adopt and apply the Protocol.
57. In order to ensure independence, efficiency and effectiveness of investigations
and to include specialized independent institutions and national and international
experts, the Istanbul Protocol refers to an “investigative authority” to investigate
torture claims. Some States have specially designated divisions or departments to
investigate specific crimes that have contributed to a more efficient and effective
investigation.
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34
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See the World Medical Association Hamburg Declaration.
See www.irct.org/ipactionplan.
14-61535
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