and/or his family, etc.). Adequately assessing the veracity of allegations of
ill-treatment may well require taking evidence from all persons concerned
and arranging in good time for on-site inspections and/or specialist medical
examinations.
Whenever criminal suspects brought before prosecutorial or judicial authorities
allege ill-treatment, those allegations should be recorded in writing, a forensic medical examination (including, if appropriate, by a forensic psychiatrist)
should be immediately ordered, and the necessary steps taken to ensure
that the allegations are properly investigated. Such an approach should be
followed whether or not the person concerned bears visible external injuries.
Even in the absence of an express allegation of ill-treatment, a forensic medical examination should be requested whenever there are other grounds to
believe that a person could have been the victim of ill-treatment.
30. It is also important that no barriers should be placed between persons
who allege ill-treatment (who may well have been released without being
brought before a prosecutor or judge) and doctors who can provide forensic
reports recognised by the prosecutorial and judicial authorities. For example,
access to such a doctor should not be made subject to prior authorisation by
an investigating authority.
31. The CPT has had occasion, in a number of its visit reports, to assess the
activities of the authorities empowered to conduct official investigations
and bring criminal or disciplinary charges in cases involving allegations of
ill-treatment. In so doing, the Committee takes account of the case law of
the European Court of Human Rights as well as the standards contained in
a panoply of international instruments. It is now a well-established principle
that effective investigations, capable of leading to the identification and
punishment of those responsible for ill-treatment, are essential to give practical
meaning to the prohibition of torture and inhuman or degrading treatment
or punishment.
Complying with this principle implies that the authorities responsible for
investigations are provided with all the necessary resources, both human and
material. Further, investigations must meet certain basic criteria.
32. For an investigation into possible ill-treatment to be effective, it is essential
that the persons responsible for carrying it out are independent from those
implicated in the events. In certain jurisdictions, all complaints of ill-treatment
against the police or other public officials must be submitted to a prosecutor,
and it is the latter – not the police – who determines whether a preliminary
Effective investigation of ill-treatment – Guidelines ► Page 76
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