THEMATIC REPORT 2017 REDRESS AND REPARATIONS who work for the same state institutions that are involved either in the investigation or perpetration of the torture. Therefore, the majority of these examinations are far from impartial or independent and usually reach a negative conclusion about the allegations of torture. Municipal police officers patrol the city of Guanajuato, Mexico. © Takamex / Shutterstock.com Where a negative conclusion is reached, the burden is placed on the torture victim to produce their own evidence supporting the allegation they were tortured. In these cases the victims rely on non-governmental organisations that provide rehabilitation services - such as CCTI - to find independent experts to carry out a medical or psychological examination that complies with the standards of the Istanbul Protocol. Unfortunately, even where independent medico-legal reports are relied on in proceedings, the victim still has to contend with the undue weight that the court gives to government medical reports, over those submitted by independent experts. Investigations of torture allegations are not conducted promptly, effectively, or independently in Mexico. The mechanism which is mandated to ensure that investigations and documentation of torture are carried out independently is in fact closely linked to the Procuraduría General de la República, PGR (Office of the General Prosecutor). The recent reforms to the Ley General de Víctimas clarify that the same probative value should be given to expert reports produced by independent experts as to reports produced by experts employed by the state. It is hoped that this amendment will guarantee that the investigation and prosecution of torture is conducted more effectively and with a greater degree of independence in the future. In Kenya, the National Police Service Act stipulates that every police station must have “a facility to receive, record and report complaints against police misconduct”. This procedure is known as filing a ‘P3 Form’ which is the main avenue used by victims to make a complaint alleging torture or ill-treatment by police officers. State-employed doctors are available at police stations to carry out medical examinations but the process is problematic for a number of reasons. Firstly, the medical examinations carried out by state-employed medical professionals fall well below the standards in the Istanbul Protocol. The impartiality and independence of the reports is questionable, given that the doctors are employed by the state. Secondly, many charge a fee which prohibits many torture victims from undergoing an examination. Finally, they have limited page 33 In addition to the problems associated with the quality of the medical evidence documenting the allegations of torture, the complaint about torture is filed at the police station, placing the victim at risk of intimidation or harassment and leaving room for the complaint to be altered or simply not recorded.