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Part I: Recognition and usage
least one case there was strong evidence consistent with use of
psychopharmacological drugs as a form of torture.
The experts who examined the eleven ex-detainees, using
the recommendations of the Istanbul Protocol, concluded that
in view of the clinical history and examinations, and of the
diagnostic test results, there was sufficient evidence to corroborate the claims that torture was used in US detention facilities.
The experience of the investigation is a model example of
effective co-operation between human rights organisations
and the different relevant professions as envisaged in the
Istanbul Protocol. Based on the findings of the report, the
eleven ex-detainees should be given immediate access to comprehensive medical and psychological care and legal redress.
The investigation also demonstrated the importance of independent medical experts with the capacity and expertise to
collect and assess evidence of torture. These experts hold the
key to bringing perpetrators to justice and ensuring reparation for survivors. For future investigations to be successful,
it is important that proper judicial procedures are in place at
the domestic, regional and international level. This includes
the admissibility of independent medical reports and medical
expert testimony in courts and the utilisation of such information by investigation authorities. These reports and testimonies should be assessed on the basis of their consistency
with Istanbul Protocol recommendations and not according to
whether they are presented by formally authorised persons.
The PHR-coordinated examinations are the first medical
reports assessing and documenting allegations of torture in
US custody during the Bush administration. It is essential for
the full and effective rehabilitation of all survivors of US-inflicted torture that the evidence locker is opened to scrutiny by
professionals qualified to assess the evidence and determine
whether torture took place. Only then will the truth be told,
which can form the basis of compensation and redress claims
by the victims and of prosecution of perpetrators all along the
chain of command.
1
Physicians for Human Rights. 2008. Broken Laws, Broken Lives.
Available at: http://brokenlives.info
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