A/62/221 reparation for the injuries suffered; to ensure the inalienable right to know the truth about violations; and to take other necessary steps to prevent a recurrence of violations.” 45. He further recalls principle 19 on the duties of States with regard to the administration of justice: “States shall undertake prompt, thorough, independent and impartial investigations of violations of human rights and international humanitarian law and take appropriate measures in respect of the perpetrators, particularly in the area of criminal justice, by ensuring that those responsible for serious crimes under international law are prosecuted, tried and duly punished.” 46. One of the major challenges in fighting impunity for torture is for the authorities to carry out effective investigations; investigations that are independent, thorough and comprehensive. 2 In particular, in cases against alleged perpetrators, it is a major challenge to obtain sufficient evidence that a person has been tortured. As the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment has stressed in a recent update to its standards: “Adequately assessing allegations of ill-treatment will often be a far from straightforward matter. Certain types of ill-treatment (such as asphyxiation or electric shocks) do not leave obvious marks, or will not, if carried out with a degree of proficiency. Similarly, making persons stand, kneel or crouch in an uncomfortable position for hours on end, or depriving them of sleep, is unlikely to leave clearly identifiable traces. Even blows to the body may leave only slight physical marks, difficult to observe and quick to fade. Consequently, when allegations of such forms of ill-treatment come to the notice of prosecutorial or judicial authorities, they should be especially careful not to accord undue importance to the absence of physical marks. The same applies a fortiori when the ill-treatment alleged is predominantly of a psychological nature (sexual humiliation, threats to the life or physical integrity of the person detained and/or his family, etc.). Adequately assessing the veracity of allegations of ill-treatment may well require taking evidence from all persons concerned and arranging in good time for on-site inspections and/or specialist medical examinations.” 3 47. Forensic medicine is a “science which seeks to disclose the truth in as much as it exposes the facts concerning the circumstances of injury and death. In so doing it provides a foundation on which to build preventative policies and justice”. 4 The purpose of the medical evaluation is to provide expert opinion on the degree to which medical findings correlate with the alleged victim’s allegations. With this in mind, forensic expertise is an indispensable element of credible fact-finding. On his missions to Mongolia, Nepal, Jordan, Paraguay, Nigeria and Togo, the Special Rapporteur was assisted by independent medical experts qualified to document and assess injuries, in accordance with the Istanbul Protocol, the international guidelines __________________ 2 3 4 07-45686 See in European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, The CPT standards, CPT/Inf/E (2002) 1 — Rev.2006, chap. IX — Combating Impunity. Ibid., para. 29. D. J. Pounder, “International aspects of forensic medicine”, in J. Kragsstrup, J. L. Thomsen and M. Ritskes-Hoitinga (eds.), Health Scientists at Odense University (Odense University, Denmark: 1998). 9

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