22. E
nsure that non-state legal and clinical actors have access to all relevant
information, such as case files and investigations, in medico-legal cases
of alleged torture or other ill-treatment, as well as of deaths in custody;
23. Ensure that prosecutors utilize and process medical evidence in accordance with national standards and procedures, and that prosecutors and
judges order independent forensic evaluation, where appropriate; and
24. Encourage independent health experts to review state examinations and
to conduct their own independent assessments.
Regarding medical ethics, it is recommended that states:
25. E
nsure that all health professionals working with detainees are made
aware of their ethical obligations, including the need to report torture and
other ill-treatment, to maintain confidentiality and to seek the consent of
victims prior to examination, and ensure that national legislation is clear
that health professionals must abide by their ethical obligations at all
times.
Regarding capacity-building and training, it is recommended that states:
26. E
nsure that there is a sufficient number of forensic experts trained in the
documentation of torture (Istanbul Protocol) and available to carry out
examinations in line with demand;
27. Bring together key professionals, comprising both officials and civil
society actors with established forensic expertise, to promote forensic
capacity-building and to develop strategies and practices on how best
to document and investigate torture cases, with a view to ensuring accountability and reparation;
28. Enhance the skills of health and legal professionals on the effective medical documentation of torture and other ill-treatment, through training on
the use of the Istanbul Protocol and other relevant materials for forensic
pathologists, medico-legal officers, general practitioners, psychiatrists,
psychologists, Ministry of Health officials and social workers, as well
as for lawyers, state investigators, prosecutors, judges, prison officials,
police officers, immigration officers, CSO activists, members of national
human rights commissions and similar bodies, and representatives of
the Ministry of Justice, the Ministry of Defence and the Ministry of the
Interior;
86
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