National Preventive Mechanism 5.2.8 The unknown Istanbul Protocol The Istanbul Protocol (Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) is the standard of the United Nations for the assessment of persons who allege torture or ill-treatment, for investigating cases of alleged torture and for reporting findings to the judiciary or any other investigative bodies. The purpose of the Istanbul Protocol as an internationally recognised mechanism for safeguarding human rights is thus the effective investigation of every suspicion or allegation of torture or ill-treatment by persons employed in the public service. Documentation by medical personnel of evidence of abuse It provides guidelines and suggestions for doctors investigating allegations of torture and documenting evidence of torture on how to effectively investigate torture and abuse allegations, and especially how to document and properly secure evidence. The guarantee that evidence is secured quickly and independently is of central importance for the rest of the investigation procedure. Accordingly, abuse that occurs in connection with a police operation must be carefully documented by a hospital and without delay. The Federal Ministry of Health and Women’s Affairs shares the view of the NPM that medical facilities and doctors have a critical role in the investigation of assaults by police officers. Upon recommendation of the NPM, the Ministry has thus informed all hospital operators about the Istanbul Protocol through the respective competent regional government. They also pointed out that implementation of this protocol must be ensured (see NPM Report 2015, p. 51 et seq.). Ignorance in Rudolfstiftung Hospital Due to a concrete case Commission 4 examined whether this recommendation is observed at the Rudolfstiftung hospital. The patient was admitted to the psychiatric ward of the hospital because a public medical officer prescribed this hospitalisation. During admission the patient complained about the conduct of the police and claimed that she had severe pain in her right shoulder and a large bruise. The examination conducted by Commission 4 revealed that the commensurability of the use of coercive measures (physical strength, foot restraint) on the part of the police officers was questionable at least. However, the personnel were not aware of the recommendation by the Federal Ministry to use the Istanbul Protocol in hospitals. Documentation of the consequences of the injury was therefore only documented at a later stage. The City of Vienna used this case as an opportunity to explain the documentation required by the Istanbul Protocol in a special guideline. The Federal Minister for Health and Women’s Affairs has assured the NPM that the 134