Independent medical examination
As an effective safeguard against abuse including torture in police detention, a person should have the right of
access to a doctor, including the right to be examined, if the person detained so wishes, by a doctor of his or her
own choice (in addition to any medical examination carried out by a doctor called by the police authorities). When
realised, this safeguard provides an independent and objective witness to a person’s injuries which serves to deter
torture and ill-treatment and provides a way to report, record and end abuse.
States should remove obstacles that reduce the potential for this safeguard to prevent torture and ill-treatment
in practice. In particular, States should make facilities available that allow medical examinations to be conducted
out of the hearing, and preferably out of the sight, of police officers. Training for health professionals should also
build capacity to detect and document injuries of torture and ill-treatment. The Istanbul Protocol on Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
has served to increase the efficacy of medical examinations.
India: female doctors for female detainees
The Indian Criminal Procedure Code provides that any arrested person has the right to an examination by a
medical practitioner both when he or she is produced before a magistrate or at any time during their police
detention. Additionally, whenever a woman is arrested, she may only be examined by, or under the supervision of,
a female registered medical practitioner.
Lebanon: establishing a specialised forensic unit
In June 2017 a Forensic and Psychological Examination Unit was opened at the Palace of Justice in the city of
Tripoli in northern Lebanon, to ensure that all persons arrested receive a physical and psychological examination
as a means to prevent and prohibit torture. This is a pilot project and delivers the first specialised centre of this
type in Lebanon; it is anticipated that more forensic units will be established in other parts of the country.
Turkey: obligatory medical examinations
During the 1990s when abuse in police detention was frequently reported, Turkey responded by putting in place
a system of multiple obligatory medical examinations, as soon as possible after arrest and again after a period
in custody, as well as at the end of detention. The success of the system of medical examinations was credited
with the reduction in widespread ill-treatment in Turkey during this period, such that the European Committee
for the Prevention of Torture considered in 2009 that Turkey no longer needed a system of multiple compulsory
examinations and the system was subsequently simplified.
Communicate with a family member or third party
The right to notify and, in some cases, directly communicate with a family member or another person of the
individual’s choice promptly after arrest is a human right frequently protected in law. Beyond the psychological
comfort from being able to notify family of the situation of detention, it also enables the family to contact a lawyer
(if not already done) and monitor their treatment in detention. Notifying family members of the detention ends
the period a person is held incommunicado and thereby reduces the risk that a person will be disappeared.
When contact with the outside world could prejudice an ongoing investigation, States can temporarily place
reasonable limits on how and when a detainee may communicate with a family member or third party. Due to the
importance of the safeguard, however, any limits on notification to the family or third party should be justified on
legal grounds and strictly limited in time. The delay might also be rebalanced with other safeguards, such as a clear
written record of the delay and early judicial supervision.
TOOL: Safeguards in the first hours of police detention
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