A/69/387 accountable. Forensic specialists provide expert analysis of whether there is a correlation between the medical evidence and the allegations and can provide the evidentiary basis on which prosecutions can successfully be brought against those directly responsible and their superiors. Medical records can be instrumental in overcoming the otherwise lack of objective evidence with which survivors of torture are so commonly confronted, given that torture mostly takes place without witnesses. The work of a forensic scientist is germane to the efforts to address impunity for acts of torture, as the expert opinion forms the evidential basis for prosecution of allegations of torture. Similarly, the corroborative effect of this professional opinion, and its role in assessing the overall credibility of alleged victims, provides a stronger basis for prosecutions. This does not only increase the chance of a successive prosecution; but also enhances the possibility to receive immediate medical and other assistance and, in the longer term, other forms of redress and reparation. Similarly, scientific evidence may help in assessing whether incriminating statements were made under torture and should therefore be excluded at trial, and assist States to fulfil their obligations towards non -refoulement, reparations and rehabilitation. 20. During fact-finding missions, the Special Rapporteur has observed that States are reluctant to carry out criminal investigations into torture allegations and accurate statistics on the incidence of torture are difficult to obtain. The lack of investigation, together with the lack of accountability, perpetuates the practice of torture and other ill-treatment. Scientific evidence obtained by thorough, impartial and independent forensic evaluations assists States to comply with their obligation systematically to investigate, prosecute and punish each incident of torture, and plays a major role in preventing future acts of torture by fighting impunity and holding perpetrators accountable. This report is about forensic “medical” science and its value in fulfilling the obligations attached to the prohibition of torture in international law. The Special Rapporteur is aware that forensic science encompasses also other disciplines and technologies and methods, such as ballistics, graphology, crime scene investigations, among others. Several of those other forensic sciences can also aid in the investigation and prevention of torture and its redress; medical forensics, however, are both central to the effective application of the international law on torture and sorely lacking or neglected in many parts of the world. Enhancement of all forensic capabilities — but especially legal medicine — would result in much better and more humane ways to fight crime of any sort, and would go a long way to abolishing torture. The focus of this report is to urge improvements in the quality of investigations through effective documentation of evidence of torture, to establish standards for the effective use of expert forensic evidence in legal investigations, including procedural safeguards, and to urge sharing of scientific knowledge and technological advances. B. Legal framework 1. Key provisions of international human rights law 21. International law provides for absolute and non-derogable prohibition of torture and other ill-treatment. 2 The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment envisages three main __________________ 2 14-61535 See, for example, Universal Declaration of Human Rights, art. 5; International Covenant on Civil and Political Rights, art. 7; and Convention against Torture, art. 1. 5/23

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