5. 6. 7. 8. 9.  rovide for the independence of medical professionals conducting such P examinations and allow for medical examinations by medical professionals of the detained person’s choice; Mandate that, if the health professional has grounds for presuming the existence of torture and other ill-treatment, they 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; In particular, ensure that, as a matter of policy, medical examinations are confidential and not conducted in the presence of law enforcement officials; Ensure that effective access to forensic medical expertise is not subject to prior authorization by an investigating authority, including access to a medical professional of the detainee’s choice for medical evaluation at any time during detention; and Ensure that all relevant personnel (law enforcement officials, prison officials, state forensic experts and other health professionals, prosecutors, defence lawyers and judges) receive training on the effective legal and clinical investigation and documentation of torture and other ill-treatment. Regarding forensic medical examination of allegations of torture, it is recommended that States:305 10. E  nsure that funding and supervision of such health professionals is separate from the criminal justice system, and that health professionals have sufficient security of status and employment to ensure their independence; 11. Establish independent forensic institutions or transfer responsibilities to existing units outside of the Ministry of Interior or the Ministry of Justice, such as the Ministry of Health; 12. Make training on the Istanbul Protocol a mandatory component of forensic medical training; 13. Remove any requirement for police or prosecutors to approve requests for forensic medical examinations; 305 For more information on the requirements for forensic medical examination of allegations of torture, see e.g. Vincent Iacopino, Rohini J.Haar, Michele Heisler, Rusudan Beriashvili, “Istanbul Protocol implementation in Central Asia: Bending the arc of the moral universe”, Journal of Forensic and Legal Medicine, Vol. 69, January 2020. 84

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