A/HRC/13/39/Add.5
of the allegations received as well as of the explanations of detainees’ traumata provided by
authorities. In an impressing high number of cases, it was possible for a medical layperson
to conclusively demonstrate that the officials’ account was incompatible with the victim’s
injuries. In some cases, it was even possible to establish that a specific instrument, for
example a wooden stick in the office of a warden, was used for the abuse since the injuries
matched the instrument’s shape and form. This ability to secure evidence and ultimately use
it in criminal proceedings is a crucial empowerment for the victims and the overall strive to
fight impunity.
126. In addition to its evidence-establishing role for purposes of prosecution, forensic
medicine can also potentially play a transforming role in terms of prevention. As already
requested in the Body of Principles and later further expanded in the standard-setting
Istanbul Protocol, routine forensic medical examinations of detainees after admission to
every place of detention would create a system of “checkpoints” which would minimize the
number of unaccounted cases of torture and render a shifting of blame and accountability
among the various detention facilities and authorities impossible.
127. However, while much progress has undoubtedly been made in this field in the last
few years, both in terms of medical standards and legal norm-setting, the impact of forensic
medical science seems to be undermined by a lack of rigorous implementation, sufficient
training and institutional dependencies. While almost all large detention facilities employ
medical staff, they often lack the required expertise in order to conduct proper forensic
examinations. In many cases, the physicians have an almost exclusively therapeutic role or
only have a basic medical training as paramedics;71 their focus is on curing sick detainees
and examining new arrivals for contagious diseases or obvious wounds. Since traumata
caused by torture are not necessarily visible, their examinations are likely to miss a
considerable number of torture cases.
128. When it comes to reporting traces of torture, physicians often find themselves caught
in a conflict between their loyalty (and economic dependency) towards their employer and
their actual professional obligation to report. Most of the medical staff is employed by the
authority which is also in charge of holding detainees and whose officials are responsible
for the ill-treatment. By raising cases of ill-treatment, medical staff may run the risk of
jeopardizing their employment. In order to rectify such a lack of independence, doctors
should be employed by the Ministry of Health and not by the Ministries tasked with
holding detainees.
129. Examinations must be a routine practice after every transfer and every allegation or
suspicion of torture. It is essential that the detainee meets the forensic expert in a setting
which is free of any surveillance or pressure and that the examination takes place in full
confidentiality. Unfortunately, this is almost never the case. During my mission to Georgia,
for example, I was informed that transfers of detainees to non-resident medical experts
were conducted by the police. Since a number of allegations concerned the police, this may
raise possibilities for undue influence. In other cases, such as in Togo, detainees had to
request the authorization for the examination from the prosecutor, who at the same time led
the investigation against the suspected criminal and torture victim. Since the establishment
of any torture could weaken their case, prosecutors may be tempted to disapprove any
request for medical examinations.
130. Medical examinations completely miss their point if they are not carried out with a
view to protect the victim and initiate proceedings to hold the perpetrators accountable. In
Moldova and Indonesia, I was told that in some cases detainees were returned to the police
71
34
A/HRC/10/44/Add.3.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents