The CPT’s requirements in this area go further than the following restrictive
and somewhat ambiguous provisions of the Istanbul Protocol:
“123. Forensic medical evaluation of detainees should be conducted in response
to official written requests by public prosecutors or other appropriate officials.
Requests for medical evaluations by law enforcement officials are to be considered invalid unless they are requested by written orders of a public prosecutor.
Detainees themselves, their lawyers or relatives, however, have the right to
request a medical evaluation to seek evidence of torture and ill-treatment.”54
2.2.6 The individual should be expressly and promptly informed of these
fundamental safeguards and their corollary rights.
Effective implementation of these safeguards relies upon detainees being
informed of their rights. According to the CPT, it is “imperative” that this obligation is fulfilled without delay. It states that a standard form containing these
rights should be given to everyone who enters custody, and that detainees
should be asked to sign a form confirming that they have been informed of
their rights.55
2.3 Other arrangements
2.3.1 Comprehensive custody records are essential to providing for
the communication of information and evidence relating to ill-
treatment.
Comprehensive and accurate record-keeping is indispensable in securing both
the right to liberty and security and the prohibition of ill-treatment. The CPT
puts particular emphasis on this guarantee.
“The CPT considers that the fundamental safeguards granted to persons in
police custody would be reinforced (and the work of police officers quite possibly facilitated) if a single and comprehensive custody record were to exist for
each person detained, on which would be recorded all aspects of his custody
and action taken regarding them (when deprived of liberty and reasons for that
measure; when told of rights; signs of injury, mental illness, etc.; when next of
kin/consulate and lawyer contacted and when visited by them; when offered
food; when interrogated; when transferred or released, etc.). For various matters
(for example, items in the person’s possession, the fact of being told of one’s
rights and of invoking or waiving them), the signature of the detainee should
54. Para. 123 of the Istanbul Protocol.
55. 12th General Report on the CPT’s activities, CPT/Inf (2002) 15, para. 44.
Effective investigation of ill-treatment – Guidelines ► Page 30
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