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symptoms that may indicate that torture or other ill-treatment has taken place.
Where the screenings identify such symptoms, a full article 12 Convention against
Torture investigation must be conducted, including by offering the detainee an
immediate full forensic evaluation in accordance with the Istanbul Protocol. It is
essential that the detainee meet the forensic expert in a setting that is free of any
surveillance or pressure and that the evaluation takes place in full confidentiality.
The Special Rapporteur reiterates that it is of utmost importance that prison
authorities, police, military and prison health professionals provide medical reports
in a timely manner.
Resources
41. The Special Rapporteur notes that Governments often argue that a high
standard of forensic evidence is out of the reach of States with limited resources.
The Special Rapporteur agrees that good forensics are resource -intensive, but that
does not justify not investing at all resource-poor States or areas. As already noted,
many symptoms attributable to torture or other ill-treatment are not physical. In
those cases, psychological assessment displaces medical evaluation as the main
source of information. Psychological detection requires adequate training and time
but much less investment in infrastructure than medical forensics. In countries
where there is widespread physical torture, diagnosis can rely on a careful clinical
examination with special emphasis on dermatology and rheumatology, as well as
traumatology, aspects. This is conducted by interviewing, observing and touching a
victim without further technical assistance. The Special Rapporteur finds that if
there is a need for complementary tests, photographic documentation of the injuries
at different stages, as well as X-ray analysis of wounded areas, will cover
documentation of the majority of cases. Blood analysis, especially for the detection
of creatine phosphokinase (CPK), an enzyme expressed by various tissues and cell
types that signals the destruction of muscle cells, is a good indi cator of physical
torture in the period ranging from 24 to 120 hours immediately after it takes place.
The Special Rapporteur notes that those scientific tests are available in almost all
countries and are not expensive.
42. In certain selected cases it can be necessary to conduct a computerized
tomography (CT)-scan if there have been head concussions or other internal
injuries. However, a thorough neurological examination can be sufficient and body
CT-scans are only necessary in very severe cases and in connection with intensive
care or with autopsies. CT-scanning is also available in most countries and not very
costly. The only test that might not be available in some countries is
electromyography (EMG), to diagnose neurological damage in the peripheral
nervous system (e.g., paralysis secondary to trauma). The Special Rapporteur notes
that this test is also not expensive, but it requires a neurologist or neurophysiologist
to conduct and interpret the results. Properly trained personnel may be in short
supply. Finally, bone scintigraphy (bone-scan), a modified X-ray test for the
diagnosis of fractures that are invisible in traditional X -ray images, requires the
injection of contrast in the wounded bone. This test is indicated almost exclusively
in the case of the torture method known as “falanga” 21 and is neither difficult to
__________________
21
12/23
A form of corporal punishment in which the soles (specifically the arches) of a person’s bare
feet are repetitively beaten with an implement.
14-61535
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