A/69/387 68. Recommendations regarding the effective investigation of allegations of torture or other ill-treatment: (a) Ensure that all suspicions and allegations of torture and other ill-treatment are investigated and documented in a prompt (within 24 hours), independent and transparent manner by qualified governmental and non-governmental experts; that they are conducted with victim participation at all phases of the investigation, including access to such investigations; (b) Ensure that all forensic evaluations, including compulsory medical examinations in pretrial detention and the penitentiary system, are independent of law enforcement, prosecution and/or military authority; funding and supervision of such health professionals should be separate from the criminal justice system, and health professionals should have sufficient security of stat us and employment to ensure independence; and forensic medical services should be under the highest judicial or health services authority, not under the same governmental authority as the police and the penitentiary system; (c) Ensure forensic and medical reports are of sufficient quality, thereby requiring the use of standardized medico-legal evaluation report forms that comply with Istanbul Protocol guidelines; health professionals must be guaranteed full access to all relevant documentation that may pertain to the case, including medical records, legal documents, the crime scene, witnesses and interrogation records; (d) Ensure the application of the Istanbul and Minnesota Protocols when performing forensic autopsies. 69. Recommendations regarding safeguard for effective medical evaluations of alleged torture and other ill-treatment in detention: (a) Implement a system of mandatory medical examination of detained persons, which is capable of detecting physical and psychological signs of torture and other ill-treatment at entry, transfer and exit from places of detention, including judicial remand, as well as periodically during incarceration and upon request; (b) Mandate that, if the health professional has grounds for presuming the existence of torture and other ill-treatment, he or she must notify the competent authorities with the victim’s consent; and refer the case for a full investigation, including full forensic evaluation in accordance with article 12 of the Convention against Torture; (c) Ensure that effective access to forensic medical expertise is not subject to prior authorization by an investigating authority; this must include access to a medical professional of the detainee’s choice for medical evaluation at any time during detention; (d) Establish an individual’s right to be evaluated by non-governmental medical experts of his or her choosing anytime during and after being in custody, including in places of detention that require security clearance; (e) Ensure that prior and informed consent, be obtained from the alleged victim and include: the purpose of the evaluation, explanation of the process, how the information will be used, the right to refuse the evaluation, the 14-61535 21/23

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