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STANDARDS IN FOCUS
For cases of alleged or suspected torture or other ill-treatment, the
Manual on the Effective Investigation and Documentation of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
(‘Istanbul Protocol’) provides key guidance on documentation and
investigation.
The CPT has similarly given concrete recommendations on how to
ensure appropriate recording, especially of traumatic injuries in
prisons (e.g. use of a special assessment forms with body charts for
marking traumatic injuries that will be kept in the medical file of
the prisoner, photographs, the keeping of a special trauma register).57
The CPT also recommends that the health care service compile
periodic statistics concerning injuries observed for review by prison
managements, the Ministries of Justice, etc.58
To avoid putting individuals at further risk of ill-treatment, it is
particularly important to put in place effective measures to protect them
against reprisals. The CAT requires specific protection for torture victims
as a corollary of the right to complain under Art 13 CAT. To this end,
it recommends suspending the suspected officials from duty, ensuring
they have no involvement with the investigations and no contact with
witnesses, the victim or the victim’s family, moving the person to an
alternative accommodation as well as assigning special personnel to
victims and/or arranging for regular examinations by doctors.59 Victim
protection is also required under international standards as well as EU
law. The latter regulates the rights of victims of crimes under two specific
instruments: the Directive 2012/29/EU establishing minimum standards on the
of Police Custody: Extract from the 12th General Report of the CPT published in 2002’ (2002) CPT/
Inf(2002)15-part, § 42; CPT/Inf(2001)16-part; SPT, ‘Report on the Visit to Macedonia’ (2019) CAT/OP/
MKD/1/Add.1, § 21; SPT, ‘Report on the Visit to Gabon’ (2015) CAT/OP/GAB/1, § 41.
57.CPT, ‘Documenting and Reporting Medical Evidence of Ill-Treatment: Extract from the 23rd General
Report of the CPT’ (2013) CPT/Inf(2013)29-part, § 73.
58. CPT/Inf (93) 12, § 62.
59. e.g. CAT Committee, Observations of the Committee against Torture on the revision of the Standard
Minimum Rules for the Treatment of Prisoners (2014) CAT/C/51/4, § 55; CAT Committee, Concluding
Observations: Bosnia and Herzegovina (2011) CAT/C/BIH/CO/2-5, § 17. But see also Mandela Rules, Rule
71(3); CPT/Inf (93) 12, § 62.
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