A/HRC/22/53/Add.1 that it is difficult to prove torture when medical examinations by independent and impartial forensic experts are not promptly conducted. Even when such examinations are conducted, defendants should not have to bear the burden of proof of coercion to exclude selfincriminating statements. 55. Furthermore, since independent medical examinations must be authorized by investigators, prosecutors or penitentiary authorities (Code of Criminal Procedure, art. 208), there is ample opportunity to delay authorization. The evidence suggests that detainees are often held for longer periods until the signs of torture have disappeared, then transferred to a pretrial detention facility. As a result, a forensic examination might identify bruises, but fail to establish the time of mistreatment or its cause. 56. Following the visit to the Republican centre for forensic-medical expertise under the Ministry of Health, the Special Rapporteur learned that forensic services are not adequately equipped or even staffed with personnel trained in documenting and investigating torture in accordance with the provisions of the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol). Those services also lack independence. The Special Rapporteur was informed that, although the graduates of the State medical university are provided with basic training and some have been trained in neighbouring countries, specialized training in forensic examination is lacking. There is no legal minimum time within which medical examination is to be provided. Moreover, although the conduct of the forensic expertise is the competence of the Ministry of Health, in practice, forensic experts are beholden to the authorities of the Ministry of Health and the Ministry of Justice and come under pressure from the Ministry of the Interior. In most of the testimonies the Special Rapporteur heard, the examination of traumas or bruises is conducted in the presence of a law enforcement agent, who then reports the case to the investigator or prosecutor. 4. Investigation of torture allegations 57. According to the office of the Prosecutor General, in 2010 and the first eight months of 2011, of 70 complaints of torture, beating and abuse of power filed against Tajik law enforcement and security personnel, 16 resulted in conviction and one case was subject to amnesty. Disciplinary measures were applied in all these cases, including those that were dismissed. At May 2012, 14 allegation letters had been received and criminal proceedings had been brought against three police officers on charges of exceeding official powers resulting in the death of the victim. Two police officers were sentenced to eight years of imprisonment, which were subsequently reduced to six years under an amnesty. The third police officer was charged with “negligence” and was later released under an amnesty. Following an appeal by defence counsel, the court referred the case for further investigation. Since the introduction of article 143-1 in the Criminal Code in March 2012, one case of torture has been prosecuted, one case of an alleged beating by a lawenforcement officer is before the court of first instance and two cases involving allegations of torture against police officers in the regional department of the Ministry of the Interior are under investigation. 58. The Special Rapporteur notes that there is an apparent lack of convictions under article 117 of the Criminal Code providing for responsibility for torture of public officials or others acting in an official capacity. In addition, perpetrators of acts of torture and illtreatment committed between 1995 and 1996 during the civil war and following the peace agreement have been granted amnesties and exempted from criminal responsibility. 59. The Special Rapporteur welcomes the 2011 order of the General Prosecutor on strengthening prosecutorial oversight during the inquiry and preliminary investigation. He notes, however, that prosecutorial oversight, although regularly exercised, does not focus 12