Further promotion of the Istanbul Protocol and the documentation of torture
to guide and support NGOs and independent doctors
and lawyers in their work to investigate and document
torture. In order to achieve tangible implementation of
the Protocol, however, its principles must also be endorsed and applied by relevant authorities, including
official forensic institutions. Governments are legally
obliged to promptly and effectively investigate and
document allegations of torture, for which the Istanbul
Protocol can be a useful tool. This often requires systematic change. The independence of complaint and
investigation bodies as well as internal oversight and
monitoring is critical. Many states have a sincere aim
to improve their legal procedures and set up adequate
institutions. However, engaging with and training
of government institutions that do not always have a
positive will and real wish to change abhorrent practices may have counterproductive effects. As Felicitas
Treue warns in her article, there is a risk that state institutions may misuse the Istanbul Protocol and bypass
reports by independent experts outside the state.
c. The need to have more cases of torture brought to court
versus the duty of care of medical professionals. The
work of medical and legal professionals entails different ethical allegiances. Lawyers, judges and prosecutors must essentially promote the rule of law. Medical
professionals have a duty to ensure clinical independence and produce medical records. While they also
have legal obligations, the primary responsibility of
medical professionals is to ensure the best interest
of their patients, which may not always be to pursue
legal redress on their behalf and ensure to society that
justice is done. Interviews can be highly stressful for
survivors, especially if carried out by professionals
who have not been taught specifically how to interact
with a traumatised person. On the other hand, many
survivors experience that access to justice and recognition of the harm done can have a healing effect.
Medical and legal professionals should always observe
the highest ethical standards and obtain informed
consent before any examination or interview so that
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