A/69/387
IV. Conclusions and recommendations
Conclusions
58. Following from the State’s obligation to investigate torture and other
ill-treatment, the effective medical and legal investigation and documentation
of torture and other ill-treatment are essential for the prevention of and
accountability and redress for these crimes, as well as for the general operation
of international law regarding torture. The Special Rapporteur finds that for
every single right the victim has — from being free from torture in the first
place to the rights after having survived torture, and even for the families of
those torture victims who do not survive — documentation and evidence is the
most fundamental prerequisite, and, unfortunately, one the attainments of
which is too often frustrated.
59. States have an obligation to put in place and apply an effective process of
evidence collection that accords with the Istanbul Protocol to comply with their
obligation to investigate allegations of torture and other ill-treatment. The
Special Rapporteur notes that adequate, extensive forensic evaluation in
accordance with the Istanbul Protocol, and the effective training of health, legal
and other professionals involved in documenting and investigations of torture
and other ill-treatment, will positively impact the detection and prevention of
torture. Properly supported cases with good quality forensic reports are
revolutionizing the investigation of torture and improving outcomes. Good
reports include analysis and interpretation of findings in terms of consistency
with alleged events. They make clear that the absence of outward signs does not
exclude the events from having happened.
60. There is a pressing need to step up the overall involvement of forensic
medical science across the various sectors of the criminal justice cycle, and
where persons are at particular risk, including administrative, pretrial and
juvenile detention and psychiatric institutions. If police officers, prison
wardens, hospital administrators, prosecutors and judges were under a legal
obligation to request proper forensic medical examinations as a standard
procedure whenever there are suspicions or allegations of torture or other
ill-treatment, victims would be in a considerably stronger position. In addition
to their role in prosecution, forensic medical services can also play a
transforming role in prevention. As required in the Body of Principles and
expanded in the standard-setting Istanbul Protocol, routine medical
examinations of detainees after admission to every place of detention create a
system of “checkpoints” that minimizes the number of unaccounted cases of
torture and renders impossible a shifting of blame and accountability among
various detention facilities and authorities. 35
61. While much progress has undoubtedly been made in the past few years, in
scientific advances, in medical standards and in legal norm-setting, the impact
of forensic medical science is undermined by a lack of institutional
independence, rigorous implementation and sufficient training. In many cases,
health professionals in detention facilities have an almost exclusively
therapeutic role or other staff have only basic training as paramedics; their
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35
14-61535
See A/HRC/13/39/Add.5, para. 126.
19/23
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