E/CN.4/1999/61/Add.1
page 17
have any expertise or knowledge about diagnosis of torture, or how to carry
out forensic examinations and prepare reports. The President of the FA
suggested that a starting point would be to provide general practitioners with
standard checklist forms, to ensure that no areas of examination are missed.
The Special Rapporteur was subsequently informed by the President of the CFM
that a pilot scheme, providing doctors with standard forms for guidance as to
examination methods, was to be implemented in Istanbul city centre, Izmir and
Ankara. It is to be hoped that such a scheme will be rapidly extended to the
rural areas where, according to both official and non-official sources, the
problem of lack of expertise is particularly acute. Other relevant
developments of which the Special Rapporteur was informed, as being in their
initial stages, include an overall increase in the number of forensic doctors
and the issuance of government guidelines as to how physicians should deal
with victims of torture.
59.
Also worthy of note is the shortage of specialized techniques available
to doctors for the diagnosis of torture. The prison doctor of Diyarbakir
E-type prison indicated that when he receives allegations of torture not
leaving marks susceptible to visual confirmation, such as electric shocks, the
facilities to permit the detection of subcutaneous trauma are not available to
him.
2.
Issuing of medical certificates
60.
According to several public prosecutors with whom the Special Rapporteur
met during his visit, in order for an investigation into an allegation of
torture to be opened, the alleged victim must be able to support his claim
with either a medical certificate or an eyewitness. Clearly, the very nature
of torture makes it difficult to provide eyewitness testimony and,
consequently, the accuracy of medical certificates takes on decisive
significance in the context of potential impunity of perpetrators. New
regulations in force since 1 October 1998 (see above, para. 34) provide that
all persons in police custody or making statements must be given medical
examinations immediately upon arrival and prior to departure from custody, as
well as during the custody period if transferred for any reason. According to
the Minister of State in charge of Human Rights, a draft amendment to
article 345 of the Penal Code incriminates the issuing of false medical
reports that conceal torture and ill-treatment, and punishes perpetrators with
from four to eight years of imprisonment. With respect to the punishment of
officials who exert pressure on doctors to issue such reports, the Minister of
State explained that they would be prosecuted for abuse of power. The
Minister of Health also emphasized that physicians are fully independent and
would not prepare false certificates. Nevertheless, the Special Rapporteur
received consistent information from a range of sources both before and during
his visit to the effect that the circumstances in which medical examinations
take place make false reports a common occurrence, while those doctors who
refuse to issue such reports are often subject to a variety of pressures as a
result.
61.
According to the information received, various factors influence the
production of false medical certificates, but the central reason is the direct
involvement of the alleged perpetrators of torture in the process of obtaining
the certificates. According to one report, they have occasionally gone so far
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