A/54/426
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.
securely to these persons. The report should 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 transfer.
6 (b).
The medical expert should promptly prepare an
accurate written report. This report should include at least
the following:
Notes
(i) Circumstances of the interview: name of the
subject and name affiliation of those present at the
examination; the exact time and date; the location,
nature and address of the institution (including,
where appropriate, the room) where the examination
is being conducted (e.g. detention centre, clinic,
house, etc.); the 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, threatening
statements to the examiner, etc.); and any other
relevant factor;
a
Under certain circumstances, professional ethics may
require information to be kept confidential. These
requirements should be respected.
(ii) History: a detailed record of the subject’s story
as given during the interview, including alleged
methods of torture or ill-treatment, the times when
torture or ill-treatment is alleged to have occurred
and all complaints of physical and psychological
symptoms;
(iii) Physical and psychological examination: a
record of all physical and psychological findings on
clinical examination including appropriate
diagnostic tests and, where possible, colour
photographs of all injuries;
(iv) Opinion: an 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
should be given;
(v) Authorship: the report should clearly identify
those carrying out the examination and should be
signed.
6 (c). The report should 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 should be solicited and recorded in
the report. It should 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
15
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