Union, countries should provide a medical examination to all juveniles who are
deprived of their liberty, under the Children’s Rights Directive.281
121. The UN Special Rapporteur on Torture has noted the significant importance of
forensic medical examinations in detecting torture, both for forming the basis of investigations of and prosecutions for torture, as well as for the exclusion of evidence
obtained by torture and to aid in proceedings to obtain reparations for torture.282 He
also noted that governments often argue that a high standard of forensic evidence
is out of the reach of states with limited resources. However, additional scientific
tests such as X-ray analysis of wounded areas or blood analysis are available
in almost every country and are not expensive.283 In addition, many symptoms
attributable to torture or other ill-treatment are not physical. In such cases, psychological assessment displaces medical evaluation as the main source of information.
Psychological detection requires adequate training and time but much less investment in infrastructure than medical forensics.
122. The Istanbul Protocol284 sets out standards for legal and health professionals on
how to recognize and document cases of torture so that their findings can be used
as evidence in proceedings.285 A lack of trained experts was noted as a significant
issue in many of the countries surveyed. In one Eastern European state surveyed,
training on the Istanbul Protocol is not required for medical workers and other
public officials dealing with persons deprived of liberty.286 In a Central Asian OSCE
participating State it was noted that although the government has taken legal steps
to ensure that medical examinations are conducted in compliance with the Istanbul
Protocol, practical constraints still exist, including a lack of trained medical staff
and a lack of equipment and appropriate facilities in which to conduct medical
examinations.287
123. In the majority of the countries surveyed, there was no requirement for medical
personnel working at police stations or detention centres (as opposed to forensic
281 Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings, OJ
L 132, 21.5.2016, pp. 1–20, Article 8.
282 Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Sixty-ninth session, Agenda item 68 (a) (2014) A/69/387, paras. 19–20.
283 Ibid., p.12, para 41.
284 Office of the United Nations High Commissioner for Human Rights, Professional Training Series
No. 8/Rev.1 (United Nations, sales publication No. E.04.XIV.3).
285 Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, op. cit., note 282, para 23.
286 Questionnaire response Public Verdict Foundation (Russia) (2019).
287 Questionnaire response Nota Bene (Tajikistan) (2019).
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