A/62/221 for the assessment of persons who allege torture and ill-treatment, for investigating such cases, and for reporting the findings to appropriate investigative bodies, adopted by the Commission on Human Rights and the General Assembly. 5 The findings contained in the reports of these experts assisted the Special Rapporteur to draw his conclusions on the practice of torture in the respective countries. 48. The Special Rapporteur notes that the United Nations has remained seized of the importance of the role forensic science plays in fighting impunity since the early 1990s. 6 He recalls that the Commission on Human Rights in resolution 2005/26 recognized that forensic investigations can play an important role in combating impunity by providing the evidentiary basis on which prosecutions can successfully be brought against persons responsible for grave violations of human rights and international humanitarian law.” 7 49. The Special Rapporteur welcomes information that there is increasing and more systematic use of forensic expertise in the context of human rights fact-finding and investigative activities by the Office of the High Commissioner for Human Rights, special procedures mandates, as well as international commissions of inquiry. 8 He notes that the Subcommittee on Prevention established under the Optional Protocol to the Convention against Torture is expected to make use of such expertise for its activities. 9 50. A general observation made on the basis of the missions carried out to date is that victims invariably are caught between requirements of the law to adduce evidence to support allegations of torture and the lack of practical possibilities to produce such evidence, especially on the part of those persons who are still being detained. For example, records of medical examinations upon arrest or transfer are often non-existent, and recourse to forensic expertise is at the discretion of the __________________ 5 6 7 8 9 10 Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Principles) annexed to General Assembly resolution 55/89 of 4 December 2000 and Commission on Human Rights resolution 2000/43 of 20 April 2000. See Official Records of the Economic and Social Council, 2000, Supplement No. 3 (E/2000/23), chap. II, sect. A. Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Professional Training Series No. 8/Rev.1 (United Nations publication, Sales No. E.04.XIV.3), 2004. See also the discussion on country visit methodology of the Special Rapporteur on the question of torture in document E/CN.4/2006/6, para. 23. Commission on Human Rights resolutions 1992/24 of 28 February 1992 (see Official Records of the Economic and Social Council, 1992, Supplement No. 3 (E/1992/22), chap. II, sect. A; 1993/33 of 5 March 1993 (ibid., 1993, Supplement No. 3 (E/1993/23), chap. II, sect. A; 1994/31 of 4 March 1994 (ibid., 1994, Supplement No. 3 (E/1994/24), chap. II, sect. A; 1996/31 of 19 April 1996 (ibid., 1996, Supplement No. 3 (E/1996/23), chap. II, sect. A; 1998/36 of 17 April 1998 (ibid., Supplement No. 3 (E/1998/23), chap. II, sect. A; 2000/32 of 20 April 2000 (ibid., 2000, Supplement No. 3 (E/2000/23), chap. II, sect. A; and 2003/33 of 23 April 2003 (ibid., 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. See Official Records of the Economic and Social Council, 2005, Supplement No. 3 (E/2005/23), chap. II, sect. A. See the updated report of the Office of the High Commissioner for Human Rights on human rights and forensic science (A/HRC/4/103), para. 28. The Office of the High Commissioner for Human Rights in Guatemala advised the Government on the elaboration of recently adopted legislation establishing the National Institute of Forensic Medicine, which is expected to play a crucial role in combating impunity of past and ongoing human rights violations; see the report of the Secretary-General on impunity (A/HRC/4/84), para. 18. Ibid. 07-45686

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