to take steps to ensure that all medical staff who come into contact with detainees, as well as criminal justice actors, receive training on the standards contained
in the Istanbul Protocol. This should ensure that medical staff are able to preserve and document evidence of torture if there is a delay in accessing a forensic
medical examination and to ensure that criminal justice actors are equipped to
identify and report cases where torture may have occurred. In an example from
Central Asia, the OSCE conducted training on the Istanbul Protocol for 150 judges, prosecutors and law enforcement officials in 2019, in line with the UNCAT’s
recommendations.304
Policy recommendations
In general, it is recommended that States:
1.
2.
3.
nsure that the fundamental principles of investigation, such as comE
petence, impartiality, independence, promptness and thoroughness are
enshrined in legislation and officially recognized among relevant departments and personnel, including prosecutors, defence attorneys, judges,
law enforcement personnel prison and military personnel, forensic and
health professionals, and those responsible for detainee health care;
Put in place and apply an effective process of evidence collection that
accords with the Istanbul Protocol, to comply with their obligation to investigate allegations of torture and other ill-treatment; and
Adopt and implement the Istanbul Protocol as an investigative tool and
standard.
Regarding medical examination in detention it is recommended that States:
4.
Implement a system of mandatory medical examination of detained
persons, both physical and psychological, subject to informed consent
by the individual, that 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;
304 OSCE, “OSCE trains Tajik police, prosecutors and judges on Istanbul Protocol”, (July 2019) referring to Tajikistan.
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