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specific events that were found to have occurred and
the evidence upon which such findings were based,
and list the names of witnesses who testified with the
exception of those whose identities have been withheld for their own protection. The State shall, within
a reasonable period of time, reply to the report of the
investigation, and, as appropriate, indicate steps to
be taken in response.
Medical experts involved in the investigation of
torture or ill-treatment should behave at all times in
conformity with the highest ethical standards and in
particular shall obtain informed consent before any
examination is undertaken. The examination must
follow established standards of medical practice.
In particular, examinations shall be conducted in
private under the control of the medical expert and
outside the presence of security agents and other
government officials.
The medical expert should promptly prepare an
accurate written report. This report should include at
least the following:
and psychological treatment and further examination should be given;
e. The report should clearly identify those carrying out the examination and should be
signed. The report should be confidential and
communicated to the subject or a nominated
representative. The views of the subject and
his or her representative about the examination process should be solicited and recorded
in the report. It should also be provided in
writing, where appropriate, to the authority
responsible for investigating the allegation
of torture or ill-treatment. It is the responsibility of the State to ensure that it is delivered
securely to these persons. The report should
not be made available to any other person,
except with the consent of the subject or on
the authorization of a court empowered to
enforce such transfer.
a. The name of the subject and the name and affiliation of those present at the examination;
the exact time and date, location, nature
and address of the institution (including,
where appropriate, the room) where the examination is being conducted (e.g. detention
centre, clinic, house); and the circumstances
of the subject at the time of the examination
(e.g. nature of any restraints on arrival or
during the examination, presence of security
forces during the examination, demeanour
of those accompanying the prisoner, threatening statements to the examiner) and any
other relevant factors;
b. A detailed record of the subject’s story as
given during the interview, including alleged
methods of torture or ill-treatment, the time
when torture or ill-treatment is alleged to
have occurred and all complaints of physical
and psychological symptoms;
c. A record of all physical and psychological
findings on clinical examination, including
appropriate diagnostic tests and, where possible, colour photographs of all injuries;
d. An interpretation as to the probable relationship of the physical and psychological findings to possible torture or ill-treatment. A
recommendation for any necessary medical
1
The Commission on Human Rights, in its resolution
2000/43, and the General Assembly, in its resolution 55/89, drew the attention of Governments to the
Principles and strongly encouraged Governments to
reflect up on the Principles as a useful tool in efforts
to combat torture.
2
Under certain circumstances professional ethics
may require information to be kept confidential.
These requirements should be respected.
3
See footnote above.
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