22 A practical guide to the Istanbul Protocol – for lawyers cepted in international and national jurisprudence.49 If the accused complains that his or her confession has been extracted in this way, in the course of a criminal trial against him or her, the judge should order a hearing to determine the issue. As to the standard of proof, the Special Rapporteur has recommended that “where allegations of torture or ill-treatment are raised by a defendant during trial, the burden of proof should shift to the prosecution to prove beyond reasonable doubt that the confession was not obtained by unlawful means, 50 including torture and ill-treatment.” Lawyers may object to the use of confessions or statements extracted under torture in the following ways: • Object to the use of all evidence obtained under torture, including third-party evidence, including evidence obtained by security services from individuals other than the accused • Where their client alleges he/she has made a confession or statement under torture, call on the judge to put it to the prosecution to prove beyond reasonable doubt that no torture or ill-treatment took place at the time of the confession or statement • Where the prosecution is unable to discharge this burden, request the judge to refuse to allow the confession or any statement to be used as evidence. III. INTERNATIONAL STANDARDS ON EFFECTIVE INVESTIGATION OF TORTURE ALLEGATIONS The obligation on governments to carry out effective investigations is firmly established in international law. Whenever there are indications that torture might have been committed, governments are obliged to automatically undertake an effective investigation, even without a formal complaint triggering it.51 Accordingly, the Istanbul Protocol provides that, “even in the absence of an express complaint, an investigation should be undertaken if there are other indications that torture or ill-treatment might have occurred”. The obligation on governments to conduct an effective investigation is a corollary to the right of victims to an effective remedy to complain of acts of torture. This includes the right to: i. Be informed about available remedies and complaints procedures52 ii. Have access to lawyers, physicians and family members53 and, in the case of foreign nationals, consular representatives54 iii. Lodge complaints with appropriate bodies in a confidential manner55 in any form and without delay iv. Have access to external bodies, such as the judiciary56 and visiting bodies, including the right to communicate freely