the evidence upon which such findings were based and list the names of witnesses who testified, with the exception of those whose identities have been
withheld for their own protection. The State shall, within a reasonable period
of time, reply to the report of the investigation and, as appropriate, indicate
steps to be taken in response.
6. (a) Medical experts involved in the investigation of torture or ill-treatment
shall behave at all times in conformity with the highest ethical standards and,
in particular, shall obtain informed consent before any examination is undertaken. The examination must conform to established standards of medical
practice. In particular, examinations shall be conducted in private under the
control of the medical expert and outside the presence of security agents and
other government officials.
(b) The medical expert shall promptly prepare an accurate written report,
which shall include at least the following:
(i) Circumstances of the interview: name of the subject and name and
affiliation of those present at the examination; exact time and date; location, nature and address of the institution (including, where appropriate,
the room) where the examination is being conducted (e.g., detention
centre, clinic or house); circumstances of the subject at the time of the
examination (e.g., nature of any restraints on arrival or during the examination, presence of security forces during the examination, demeanour
of those accompanying the prisoner or threatening statements to the
examiner); and any other relevant factors;
(ii) History: detailed record of the subject’s story as given during the
interview, including alleged methods of torture or ill-treatment, times
when torture or ill-treatment is alleged to have occurred and all complaints of physical and psychological symptoms;
(iii) Physical and psychological examination: record of all physical and
psychological findings on clinical examination, including appropriate
diagnostic tests and, where possible, colour photographs of all injuries;
(iv) Opinion: interpretation as to the probable relationship of the physical
and psychological findings to possible torture or ill-treatment. A recommendation for any necessary medical and psychological treatment and/
or further examination shall be given;
(v) Authorship: the report shall clearly identify those carrying out the
examination and shall be signed.
Effective investigation of ill-treatment – Guidelines ► Page 106
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents