Rest of Europe: There was some disparity in the rest of Europe. The centre in Moldova indicated that three types of organisations are able to produce MLRs, whereas centres in Kosovo and Turkey reported only two organisations. In Kosovo, medical reports are issued only by public health institutions, while IRCT member centre KRCT only issues psychological reports. In Turkey, MLRs are produced by either the public hospital/health centre or government institution. This means it is of paramount importance that the Istanbul Protocol guidelines are followed to ensure that the MLR is of a high quality, and that an impartial and independent doctor produces the report. North America and the Pacific There is some disparity between the types of organisations accepted to produce MLRs in the USA and Canada. Centres in the USA indicated that all four categories of organisation are accepted, whereas in Canada only the public hospital/health centre or a private doctor is accepted as being able to produce an MLR. In New Zealand, MLRs are accepted from either NGOs or a private doctor. As with Ireland, this indicates that it is very much up to the VoT to seek this help of his or her own volition. The member centre in Australia reported that there is no specific type of organisation that is accepted by the national asylum authorities as having expertise to produce MLRs. It is up to the Tribunal to determine whether the expertise is accepted and what weight should be given to an MLR in asylum proceedings. This is reflected in the Tribunal’s Guidance, which states that, “Experts are persons who are appropriately qualified to provide informed comment and opinions on a relevant matter, whether by formal qualifications or by practical experience in a particular area.” In addition, “The tribunal will have due regard to expert opinion and the basis upon which an expert has reached an opinion, including the use of clinical diagnostic criteria, the number and frequency of consultations and relevant experience.” Finally, the guidance makes clear that, “It is the tribunal’s task, as the decision-maker, to weigh each piece of evidence and make appropriate findings of fact. The tribunal should not substitute its own lay opinion for that of a reliable expert.”70 In addition, the Tribunal’s Guidance on Vulnerable Persons makes is clear that a hearing should be adjourned in order to enable, “the assistance of a medical or other expert report to be obtained”, if a member of the Tribunal considers, at the hearing, that it is appropriate that a vulnerable person be given the opportunity to obtain assistance to be medically assessed.71 This is particularly relevant to ensure that any asylum-seeker who claims to be a VoT, but who has not managed to access proper assistance, is given an opportunity to do so before the Tribunal makes a decision on the asylum application. QUESTION 9 “” Who bears the costs of producing an MLR? Swedish Red Cross, Malmö “Best practice occurs when the Migration Board acknowledges that a person has been subjected to torture, and they ask for and pay for a MLR to be done in the early stage of the asylum proceedings.” Member centres were asked which categories of funding are used to pay for an MLR: (a) public funds, e.g. legal aid, the courts, public health insurance; (b) the individual victim; (c) private funds, including NGOs’ core funds; (d) other sources. 36 / Recognising victims of torture in national asylum procedures