A/HRC/34/54/Add.2 relies on investigations conducted by police officers, which does not guarantee independence. 6. Lack of effective investigations of torture allegations 94. The Special Rapporteur is extremely alarmed that investigations into allegations of torture and ill-treatment are not investigated. He discerned a worrying lack of will within the Office of the Attorney-General and the judiciary to investigate and prosecute allegations. He was informed repeatedly by various interlocutors that there had been no complaints of torture or ill-treatment and, consequently, no investigations. 95. There are a vast number of documented cases, and the failure to prosecute them clearly indicates a lack of will on the part of the judiciary. Impunity is directly attributable to the entire criminal justice system, and particularly to the judiciary. 96. Under the State’s international obligation to prevent torture, it is the responsibility of prosecutors and judges to establish whether anyone has been mistreated, even in the absence of a complaint. The State must actively prosecute officials who, in abuse of their authority, order, condone or cover up torture, including in situations where they knew or ought to have known that torture was about to be, was being, or had been committed. 7. Forensic and medical examinations 97. The Code of Criminal Procedure Act provides that, if an officer in charge of a police station deems it necessary for an investigation, police may order a medical examination of a detainee by a government medical officer (art. 122). In addition, detainees can complain directly to the magistrate about their treatment and request such an examination (art. 137). 98. The Special Rapporteur was informed by the Ministry of Health that the Police Ordinance requires all persons in police detention to be examined by a judicial medical officer, a specially trained medical doctor belonging to the Department of Forensic Medicine, before they are brought before a magistrate and prior to their release. However, this only occurs in about 20 per cent of cases. 99. Forensic procedures and forensic medical expertise seem adequate regarding deaths in custody and autopsies, but clinical forensic examination of victims of torture are seriously lacking. A specific medical report model for the forensic examination of survivors of torture and ill-treatment has been put in place by the forensic services, but still leaves a large margin for improvement. Specific training in forensic medical investigation and documentation of torture and ill-treatment is needed, as well as training for judges, prosecutors, lawyers and the police on how to interpret reports. 100. Medical examinations need to be done in a timely manner to be meaningful; the current practice results in the loss of important evidence of physical and psychological trauma. 101. The Special Rapporteur is concerned about the procedure followed for the medical examinations of detainees. It is worrying that the detainee is often accompanied to the judicial medical officer by the same police officer accused of abuse and that the judicial medical officer reports the results to the same officer. There is therefore a need to reform the legal framework to guarantee the independence of judicial medical officers. 102. Legal professionals and detainees who were interviewed indicated that it is very difficult for a victim to obtain a copy of the judicial medical officer’s report, as it must be requested through the courts, in violation of the Istanbul Protocol. Reports should be directly and unconditionally available to the accused. 16