42 A practical guide to the Istanbul Protocol – for psychologists I. BY WHOM CAN MEDICAL EVALUATION BE REQUESTED IN THE CASE OF TORTURE ALLEGATIONS? In some countries, two faulty/wrong practices are often encountered concerning requests for medical investigation: • Medical evaluation is generally requested by law enforcement • The request expressed by the alleged torture victim or his/her lawyers is not taken into consideration and is not granted. However, in the Istanbul Protocol it is underlined that: • Requests for medical evaluations by law enforcement officials are to be considered invalid unless they are requested by written orders of a public prosecutor • Medico-legal evaluation of torture allegations should be conducted in response to official written requests by public prosecutors or other appropriate officials • Alleged torture victims themselves, their lawyers or relatives have the right to request a medical evaluation to seek evidence of torture and ill-treatment • Alleged torture victims also have the right to obtain a second or alternative medical evaluation by a qualified physician during and after the period of detention. (See § 123 in the Istanbul Protocol.) II. WHO CAN OBTAIN THE MEDICAL REPORT? “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.[…]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” (Istanbul Principle, 6, c). “The original, completed evaluation should be transmitted directly to the person requesting the report, generally the public prosecutor. When a detainee or a lawyer acting on his or her behalf requests a medical report, the report must be provided. Copies of all medical reports should be retained by the examining physician.[…]. Under no circumstances should a copy of the medical report be transferred to law enforcement officials[...]“ (Istanbul Protocol, § 126).