Philippines: access to and content of medical reports set out in law
Section 12 of the 2009 Anti-torture Act establishes the right of person detained to a medical examination.
Drawing on the Istanbul Protocol, the law also sets out the process for preparing for a medical examination and
the content of medical reports. The law states that the physical examination and/or psychological evaluation of
the victim shall be contained in a medical report, duly signed by the attending physician, which shall include in
detail the person’s medical history and findings, and which shall be attached to the custodial investigation report.
Reasoned report and publication of findings
National investigative bodies in many countries have developed procedures on how to prepare and publish
findings. Some bodies publish thematic reports based on their findings which can include recommendations and
data to assist in structural reforms or in developing strategies to address the causes of torture and other illtreatment.
Reports that set out the methodology, evidence and findings of an investigation and the reasons why the particular
conclusions were reached are useful for a number of purposes: to inform the parties involved of the outcome,
the next steps, if any, that will be taken, and the body with responsibility for any further action. Even when a
complaint of torture or ill-treatment is not upheld by an investigation, a report is still important, not least to help
to explain the reasons why the complaint was not further pursued, and to demonstrate that the investigation has
been properly conducted. Such transparency helps to strengthen confidence in the investigatory body and State
institutions, and in turn, reduces the number of onward complaints of irregularities in investigations.
Argentina: producing thematic reports and recommendations
In 2013, the Office of the Prosecutor for Institutional Violence (PROCUVIN) was established to launch criminal
proceedings, lead investigations and prosecute crimes involving the use of institutional violence. The Office is
mandated to receive complaints and can refer them to the relevant prosecutor; to carry out its own preliminary
investigations; and collaborate in the investigation of acts of institutional violence, among other functions. As well
as reports on the conclusion of its own investigations, PROCUVIN has also published various thematic reports
based on its investigative and other work in order to inform strategies for institutional reform including for the
prevention of torture and other ill-treatment.
England and Wales: a comprehensive reporting process
In England and Wales, at the end of an investigation by the Independent Office for Police Conduct (IOPC), the
investigator will produce a final report setting out their findings which is sent to the police force and given to
interested parties; reports are also published on the IOPC website. Where appropriate, the reports also explain
any outcomes for those involved – for example, what happened if there was a disciplinary hearing. Reports may
also include ‘learning recommendations’ setting out whether particular action could be taken to help prevent a
similar matter happening again. Legally the force or organisation the recommendation is directed towards must
provide a response to the IOPC on the learning recommendations within 56 days. An extension can be requested.
If the investigation considers that a criminal offence may have been committed, the IOPC will pass the report to
the Crown Prosecution Service (CPS). The CPS is then responsible for deciding whether the person should be
prosecuted. Where an inquest will be held, the IOPC provides the report and evidence to the Coroner.
TOOL: Complaints and investigations
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