ill-treated the detained person.298 This is also the case in at least one other OSCE
participating State.299 In addition to ensuring that the examinations themselves are
confidential, medical staff should also ensure that the reports of medical examinations remain confidential, including from police.
128. In a number of countries, if the victim of torture can afford an independent medical
examination, they may request one and pay for it themselves. However, in some
countries, examinations conducted independently are not permitted as evidence
or are perceived as less reliable than state medical examinations in court. In one
Eastern European OSCE participating State, for example, only medico-legal reports provided by government officials are accepted as evidence in national courts
to prove that torture occurred.300
Promising practice
129. A number of countries across the OSCE region have taken positive steps towards
training medical professionals on the standards contained in the Istanbul Protocol.
In one South-Eastern European state, CSOs facilitated training for doctors from
local medical institutions on the Istanbul Protocol during 2018 and 2019. Doctors
who completed the training received accreditation, which provided an incentive
for taking part.301 In one OSCE participating State in Central Asia, the Ministry
of Health worked with CSOs and state entities to create clinical guidance based
on the Istanbul Protocol for medical professionals, forensic experts and forensic
psychiatrists.302 More than 500 doctors and medical workers have been trained
so far, and the training has been introduced into the curriculum of the Medical
Academy.303
130. In addition to ensuring there are sufficient trained forensic medical professionals
to carry out forensic medical examinations, states should also be encouraged
298 CPT, ‘Report to the Government of Serbia on the visit to Serbia carried out by the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT) from 31 May to 7 June 2017’, 21 June 2018, CPT/Inf (2018) 21, para. 37.
299 Questionnaire response Hungarian Helsinki Committee (2019).
300 Questionnaire response Promo Lex (Moldova) (2019).
301 Questionnaire response Belgrade Human Rights Centre (Serbia) (2019).
302 Convention Against Torture Initiative, ‘PROCEDURES AND MECHANISMS TO HANDLE
COMPLAINTS OF AND INVESTIGATIONS INTO TORTURE OR OTHER ILL-TREATMENT’, UNCAT
Implementation Tool 7/2019 referring to Kyrgyzstan.
303 Questionnaire response Golos Svobody (Kyrgyzstan) (2019).
82
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