14. E
nsure national law and practice provide that courts accept and give
equal consideration to forensic evidence presented by both governmental and independent forensic or medical experts, including international
forensic experts;
15. Establish an investigative authority with guarantees of independence,
efficiency and effectiveness and with powers to investigate allegations of
torture, on its own, without formal prompting from another party, in accordance with the Istanbul Protocol; and
16. Ensure that powers of the “investigative authority” are enshrined in
legislation.
Practical recommendations
Regarding safeguards for effective medical evaluations of alleged torture and
other ill-treatment in detention, it is recommended that States:
17.
nsure that all medical examinations and interviews with detainees in
E
detention facilities are performed using audio and photographic equipment; and
18. Prohibit the transfer of medical reports to law enforcement officials
except by order of and under the supervision of a judge, and with the
consent of the victim.
Regarding the effective investigation of allegations of torture or other ill-treatment, it is recommended that states:
19. E
nsure that all suspicions and allegations of torture and other ill-treatment are investigated and documented in a prompt, independent and
transparent manner by qualified governmental and non-governmental
experts, and that they are conducted with victim participation at all
phases of the investigation, including access to such investigations;
20. Ensure that alleged victims of torture and other ill-treatment, their lawyers and/or families are able to request access to a prompt independent
forensic examination;
21. 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;
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