A/69/387
68. Recommendations regarding the effective investigation of allegations of
torture or other ill-treatment:
(a) Ensure that all suspicions and allegations of torture and other
ill-treatment are investigated and documented in a prompt (within 24 hours),
independent and transparent manner by qualified governmental and
non-governmental experts; that they are conducted with victim participation at
all phases of the investigation, including access to such investigations;
(b) Ensure that all forensic evaluations, including compulsory medical
examinations in pretrial detention and the penitentiary system, are independent
of law enforcement, prosecution and/or military authority; funding and
supervision of such health professionals should be separate from the criminal
justice system, and health professionals should have sufficient security of stat us
and employment to ensure independence; and forensic medical services should
be under the highest judicial or health services authority, not under the same
governmental authority as the police and the penitentiary system;
(c) Ensure forensic and medical reports are of sufficient quality, thereby
requiring the use of standardized medico-legal evaluation report forms that
comply with Istanbul Protocol guidelines; health professionals must be
guaranteed full access to all relevant documentation that may pertain to the
case, including medical records, legal documents, the crime scene, witnesses
and interrogation records;
(d) Ensure the application of the Istanbul and Minnesota Protocols when
performing forensic autopsies.
69. Recommendations regarding safeguard for effective medical evaluations
of alleged torture and other ill-treatment in detention:
(a) Implement a system of mandatory medical examination of detained
persons, which is capable of detecting physical and psychological signs of
torture and other ill-treatment at entry, transfer and exit from places of
detention, including judicial remand, as well as periodically during incarceration
and upon request;
(b) Mandate that, if the health professional has grounds for presuming
the existence of torture and other ill-treatment, he or she must notify the
competent authorities with the victim’s consent; and refer the case for a full
investigation, including full forensic evaluation in accordance with article 12 of
the Convention against Torture;
(c) Ensure that effective access to forensic medical expertise is not
subject to prior authorization by an investigating authority; this must include
access to a medical professional of the detainee’s choice for medical evaluation
at any time during detention;
(d) Establish an individual’s right to be evaluated by non-governmental
medical experts of his or her choosing anytime during and after being in
custody, including in places of detention that require security clearance;
(e) Ensure that prior and informed consent, be obtained from the
alleged victim and include: the purpose of the evaluation, explanation of the
process, how the information will be used, the right to refuse the evaluation, the
14-61535
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