ff examination of the scene for material evidence, including
implements used in ill-treatment, fingerprints, body fluids and
fibres. Examination should involve the use of forensic and other
specialists able to secure and examine the evidence, create
appropriate sketches, and/or reconstruct the relevant events; and
Scene of crime evidence plays a crucial role in establishing the circumstances
surrounding any incident and is of particular importance in cases of ill-treatment,
as underlined by the Strasbourg Court128 and the CPT.129 The Guideline relating
to the evidence of crime scenes also draws upon the (non-exhaustive) provisions of the Istanbul Protocol:
“All evidence must be properly collected, handled, packaged, labelled and
placed in safekeeping to prevent contamination, tampering or loss of evidence.
If the torture has allegedly taken place recently enough for such evidence to
be relevant, any samples found of body fluids (such as blood or semen), hair,
fibres and threads should be collected, labelled and properly preserved. Any
implements that could be used to inflict torture, whether they be destined for
that purpose or used circumstantially, should be taken and preserved. If recent
enough to be relevant, any fingerprints located must be lifted and preserved.
A labelled sketch of the premises or place where torture has allegedly taken
place must be made to scale, showing all relevant details, such as the location
of the floors in a building, rooms, entrances, windows, furniture and surrounding
terrain. Colour photographs must also be taken to record the same. A record of
the identity of all persons at the alleged torture scene must be made, including
complete names, addresses and telephone numbers or other contact information.
If torture is recent enough for it to be relevant, an inventory of the clothing of the
person alleging torture should be taken and tested at a laboratory, if available,
for bodily fluids and other physical evidence.”130
ff examination of custody records, decisions, case files and
other documentation related to the relevant incident.
The duty to maintain custodial records, case files and other documentation
related to the detention, use of force or other actions is accompanied by the
need to use such material during an investigation.131 Accordingly, the Istanbul
Protocol provides that:
128. Altun v. Turkey, Judgment of 1 June 2004, application no. 24561/94, para. 73. See also
Mikheev v. Russia, Judgment of 26 January 2006, application no. 77617/01, para. 112.
129. Appendix I to the CPT’s Public Statement of 13 March 2007 concerning the Chechen
Republic of the Russian Federation, CPT/Inf (2007) 17, para. 49.
130. Istanbul Protocol, para. 103.
131. See also Guideline 2.3.1 and comments above.
Effective investigation of ill-treatment – Guidelines ► Page 50
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