Recommendations for the Medical Examination and Report
a practical guide for non professional
forensic photography” (on CD-ROM).
d. Audio recording
Recording the interview can be very
helpful, but may also present security
concerns. Furthermore, there may be
the risk of reminding the victim of the
interrogations. A recorder may only be
used when the objectives of the interview/
examination are clear to, and have the
informed consent of, the torture survivor
(Annex 5).
e. Recommendations regarding visits
to places of detention
The first challenge is to get access to the
place of detention. This should in principle
be arranged before the team arrives. The
detainee should be met in private. In some
cases it may be possible to examine the
person outside the detention centre. There
are several international declarations,
standards and principles stating ‘the
right to be examined by a doctor of own
choice’ that can be used to obtain access
(see CD-ROM), but these arguments may
be ignored by the relevant authorities,
especially in states that disregard the
UNCAT. Sometimes, formal authorization
will be required and should be sought
prior to the mission.
It is extremely difficult to carry out
an examination in a prison setting.
Conditions for a state-of-the-art
examination may be restricted, while
the outcome may still be valuable. Time
available in detention settings may be
very limited and there may be no access
to additional diagnostic tests. Possible
restrictions and limitations should be
clarified prior to the mission, as well
as the influence they may have on the
outcome of the examination. Importantly,
there is a risk of reprisals for the detained
person, and - if no appropriate follow-up
measures are guaranteed - it should be
carefully considered whether to go ahead
with the planned examination.
There are many manuals and guidelines
regarding visits to places of detention.
The purpose of these manuals is often
to facilitate the monitoring of the human
rights situation, such as under the OPCAT
and visits of the European Committee
for the Prevention of Torture (CPT); the
monitoring is based on collaboration
rather than on confrontation (see Annex
6).
f. Medico-legal report
It is important to clarify any legal
requirements relating to the format and
submission of the report. There may be
a demand that the report carries original
signatures of the examiners or that the
report must be notarised or certified prior
to submission. Sometimes reports by
foreign experts are only accepted by the
court if the experts have had their medical
licence authorised by relevant local
medical authorities.
Since team members will often be resident
in different countries, it is recommended
to agree and arrange for the process of
finalisation and submission of the report
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