CAT/C/VEN/CO/3-4 Application of the Istanbul Protocol in investigations 11. The Committee takes note of the State party’s explanations that forensic physicians abide by the provisions of the Istanbul Protocol. Nevertheless, the Committee is concerned by reports that forensic medical evaluations often fail to provide a detailed description of injuries or interpretation of the findings. The Committee is also concerned about reports that such evaluations have not been made in all cases, or were made after several days had passed, or in the presence of law enforcement officers or prosecutors. The Committee also notes with concern that consistent reports indicate that in many cases the detainee was not given a copy of the medical evaluation (arts. 12 and 13). The State party should: (a) Ensure that forensic medical evaluations are carried out in a thorough manner and in accordance with the principles of confidentiality and privacy; (b) Ensure that forensic medical evaluations are conducted using forms that are modelled on annex IV of the Istanbul Protocol and that include an interpretation of the findings; (c) Adopt the legislative amendments required in order to accord full evidentiary value to the reports of independent medical experts; (d) Ensure that all detained persons who ask to be examined by an independent physician or an official forensic physician receive copies of their request and of the medical report; (e) Strengthen training concerning the Convention and the Istanbul Protocol not only for forensic physicians, but also for other medical personnel, police officers, prosecutors and prison and immigration officials involved in investigations or in the treatment of detainees. Excessive use of force when containing demonstrations 12. The Committee notes with concern that 43 persons died in the course of the demonstrations that took place from February to June 2014 and that 878 persons were injured, of whom 68 per cent were civilians. According to statistics provided by the State party’s delegation, 242 complaints were lodged concerning acts by State security officers, and charges have been filed against 15 of them. However, the Committee is concerned by the discrepancy between these figures and those provided by the Ombudsman’s Office in the replies to the list of issues, which cited 558 investigations into suspicions that individuals were victims of excessive use of force by the police. The Committee is also concerned about consistent reports of unwarranted use of firearms and riot control equipment against protesters and in residential areas. The Committee also notes with concern that military units such as the Bolivarian National Guard were involved in controlling the demonstrations, although maintaining public order is not part of their duties and no state of emergency had been declared. The Committee further notes that there were 121 complaints of excessive use of force by members of this force in the exercise of their functions during this period (arts. 12, 13 and 16). The State party should: (a) Expedite the investigation and prosecution of such cases, impose appropriate penalties upon officials found guilty of such offences and afford the victims appropriate redress; (b) Strengthen ongoing training for all law enforcement officers on the absolute prohibition of torture and on international standards on the use of force, as well as on their liability in the event of excessive use of force; GE.14-24172 5

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