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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