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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
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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.
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