1
Introduction
Torture has been consistently prohibited
in international human rights and
humanitarian law for more than half a
century and has been condemned in a
number of international conventions.* The
prohibition is absolute and no exceptions,
including situations of public emergency
and war, may be evoked to legitimise the
use of torture. Despite this, occurrences
of torture and other forms of ill treatment
are still widespread and continue to be
practiced in over 100 countries.
International law obliges states to
investigate allegations of torture and
to punish those responsible. It also
requires that victims of acts of torture
are able to obtain reparation and have an
enforceable remedy to fair and adequate
compensation, restitution of their rights
and as full a rehabilitation as possible.
Nevertheless, torturers are seldom
brought to court and torture survivors
rarely receive any kind of redress as
compensation for their suffering. One of
the major challenges in fighting impunity
is to obtain sufficient evidence in cases
against alleged perpetrators.
Medical1 examination of alleged victims
*Throughout the Manual the term ‘torture’ is used for
brevity. It does, however, also include other forms of
cruel, inhuman and degrading treatment as defined in
Article 3 in the UN Convention against Torture.
and documentation of torture can play a
crucial role in bringing evidence of torture
and ill treatment to light.
In order to support investigations into
torture allegations, forensic examination
teams often have to travel abroad and
may have to work in sometimes politically
sensitive climates, or in conflict or postconflict situations. The missions may
contribute to legal investigations into
allegations of torture, investigations
of human rights violations, the work of
international commissions and ‘truth
commissions’, and assessments of needs
for treatment.
During the missions teams may face
challenges related to local rules and
regulations, the availability of diagnostic
equipment and facilities, safety and
security, language, and confidentiality
issues. The teams should consist of
resourceful people used to finding
solutions; however, finding solutions
on the spot is time-consuming and
may compromise the quality of the
investigation and the time spent with the
alleged torture victim.
The Manual on the Effective Investigation
and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment
or Punishment – known as the Istanbul
Protocol2 – provides internationally
recognised standards on how to identify,
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