5.
6.
7.
8.
9.
rovide for the independence of medical professionals conducting such
P
examinations and allow for medical examinations by medical professionals of the detained person’s choice;
Mandate that, if the health professional has grounds for presuming the
existence of torture and other ill-treatment, they must notify the competent authorities, with the victim’s consent, and refer the case for a full
investigation, including full forensic evaluation, in accordance with Article
12 of the Convention against Torture;
In particular, ensure that, as a matter of policy, medical examinations
are confidential and not conducted in the presence of law enforcement
officials;
Ensure that effective access to forensic medical expertise is not subject
to prior authorization by an investigating authority, including access to a
medical professional of the detainee’s choice for medical evaluation at
any time during detention; and
Ensure that all relevant personnel (law enforcement officials, prison officials, state forensic experts and other health professionals, prosecutors,
defence lawyers and judges) receive training on the effective legal and
clinical investigation and documentation of torture and other ill-treatment.
Regarding forensic medical examination of allegations of torture, it is recommended that States:305
10. E
nsure that funding and supervision of such health professionals is
separate from the criminal justice system, and that health professionals have sufficient security of status and employment to ensure their
independence;
11. Establish independent forensic institutions or transfer responsibilities to
existing units outside of the Ministry of Interior or the Ministry of Justice,
such as the Ministry of Health;
12. Make training on the Istanbul Protocol a mandatory component of forensic medical training;
13. Remove any requirement for police or prosecutors to approve requests
for forensic medical examinations;
305 For more information on the requirements for forensic medical examination of allegations of torture, see e.g. Vincent Iacopino, Rohini J.Haar, Michele Heisler, Rusudan Beriashvili, “Istanbul
Protocol implementation in Central Asia: Bending the arc of the moral universe”, Journal of
Forensic and Legal Medicine, Vol. 69, January 2020.
84
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