A/69/387
order or upon admission to prison, as required in the Body of Principles and
expanded upon in the Istanbul Protocol. 19 He also observed that records of medical
examinations upon arrest or transfer are often non-existent and recourse to forensic
expertise is at the discretion of the police, prison guard, prosecutor or judge and is
usually denied. Private forensic examinations are simp ly unavailable to most
detainees for lack of resources or because competent private expertise is
non-existent in the community. In addition, modern forensic tests that could
corroborate the victims’ reports and secure evidence are almost never available. Fear
of reprisals against themselves or their families often leads victims of torture to
deny or hide this reality. It is therefore important to address the disadvantage in
which torture victims find themselves, in the light of the traumatizing experience of
torture and the isolation experienced in police custody or prison settings.
33. When medical examinations are legally permitted by investigators, prosecutors
or penitentiary authorities, these authorities have ample opportunity to delay action
so that any injuries have healed by the time such an examination is conducted.
During country visits the Special Rapporteur observed that the practice of judges or
prosecutors promptly ordering a medical examination on their own initiative or in
response to indications of abuse is rare.
34. On many occasions, torture may result in the death of the victim. The Special
Rapporteur observed that in autopsy reports forensic doctors often only refer to the
cause of death. The application of the Istanbul and Minnesota Prot ocols when
performing forensic autopsies would contribute to proper documentation and
detection of torture and other ill-treatment. He encourages the use of the Istanbul
and Minnesota Protocols and the adoption of medico -legal documentation as routine
practice in all circumstances where the events indicate torture or other ill-treatment.
35. As observed by the Special Rapporteur, unaccountability is often the result of
there being available only very basic levels of expertise in forensic services, and
sometimes their non-existence, which means that medical examinations, if carried
out at all, are conducted by poorly trained doctors or nurses. In general, there is a
shortage of qualified forensic experts regarding torture or other ill-treatment. In
some countries, the education and specialization of forensic professionals includes
training in the examination of alleged torture victims, but if the violations are
widespread, these experts cannot adequately address the needs.
36. During country visits, the Special Rapporteur has reviewed samples of medical
certificates by State health experts and forensic assessments and found the majority
of those reviewed of very poor quality and accuracy, not performed in accordance
with the minimum international standards for clinical forensic assessment of
victims, and unacceptable as forensic evidence. The Special Rapporteur emphasizes
that the description and documentation is important, not only the initial medical
examination itself. Thus, the interpretation of the initial findings can be done by a
more qualified expert as long as an appropriate medical examination has been
conducted. Examinations made under less than optimal adherence to standards
should still be considered in evidence, as long as they are conducted in good faith
and under conditions of independence, and are impartial and thorough.
37. In many jurisdictions, the forensic services are closely linked with law
enforcement agencies and criminal forensic investigations are undertaken in -house
__________________
19
10/23
See A/HRC/22/53/Add.2, para. 34.
14-61535
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