tions are undertaken through an independent commission of inquiry or similar
procedure. Members of such a commission shall be chosen for their recognized
impartiality, competence and independence as individuals. In particular, they shall be
independent of any suspected perpetrators and the institutions or agencies they may
serve. The commission shall have the authority to obtain all information necessary to
the inquiry and shall conduct the inquiry as provided for under these Principles.b
(b) A written report, made within a reasonable time, shall include the scope of
the inquiry, procedures and methods used to evaluate evidence as well as conclusions
and recommendations based on findings of fact and on applicable law. Upon completion, the report shall be made public. It shall also describe in detail specific events that
were found to have occurred and 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 illtreatment 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.
(c) The report shall be confidential and communicated to the subject or his or
her nominated representative. The views of the subject and his or her representative
about the examination process shall be solicited and recorded in the report. It shall also
be provided in writing, where appropriate, to the authority responsible for investigating
the allegation of torture or ill-treatment. It is the responsibility of the State to ensure
that it is delivered securely to these persons. The report shall not be made available to
any other person, except with the consent of the subject or on the authorization of a
court empowered to enforce such a transfer.
b
See footnote (a) above.
60
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