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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