Non-governmental sources: Family members of persons targeted during military operations in the Mount Elgon District remain uninformed about the whereabouts and status of their next of kin. i) Close family members of persons detained should be immediately informed of their relative's detention and be given access to them; j) The police monopoly of issuing P3 forms for medical examinations should be abandoned; - The request for the issuing of a "Medical Examination Report" (P3) had to be made to the police, who reportedly frequently refused to issue the patient or even the doctor with the P3 form and therefore prevented the bringing of a case through the resulting lack of evidence; - P3 forms were the only medical form accepted as evidence by most magistrates; In order to enhance accessibility of the P3 form, it was made available online. Non-governmental sources: Only a limited number of Kenyans have access to internet and thereby to the P3 form. Upon downloading the form, it has to be stamped by the police and referred to a government medical practitioner for filing that can charge fees. The P3 and A23 forms have several shortcomings as instruments of documenting torture. There are very few medical officers in detention facilities, and they are often inadequately trained on issues of torture and ill-treatment. - Cases if intimidation of medical personnel; k) Magistrates and judges, like prosecutors, should always ask a person brought from police custody how they have been treated and be particularly attentive to - Based upon case law, magistrates were required to hold "a trial within a trial" when the defendant claimed that he or she had been torture. According to information received by the SR, magistrates would Non-governmental sources: Magistrates and judges fail to ask persons brought before them about their treatment in custody. Research on the prevalence of torture in prisons revealed that 54 per cent of the complaints of torture by prisoners were made before magistrates and judges, and no action was taken in 81 per cent of A/HRC/13/39/Add.6 102 frequently denied access to their clients in pre-trial detention centres of in prisons.

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