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police, prison guard, prosecutor or judge and is usually denied or simply unavailable
for detainees because of lack of money or lack of independent specialists or
facilities.
51. The end result is that many of the alleged victims, who are found by the
Special Rapporteur to have made credible allegations of torture on the basis of
evidence corroborated by forensic evaluations, are left with no recourse in having
their complaints effectively investigated. Indeed, in the course of country visits, the
Special Rapporteur has alerted the authorities of the need to immediately investigate
and prosecute such cases and has sought information on follow-up measures taken
by Governments. Likewise, in transmitting to Governments urgent appeals and
allegation letters concerning alleged torture and ill-treatment, the Special
Rapporteur regularly inquires into the details and results of medical examinations
carried out pursuant to investigations. Regrettably, very little follow-up information
in this regard is ever provided and Governments usually dismiss complaints of
torture because of alleged “lack of credibility of criminals”, without having made
any serious attempt to investigate such complaints.
52. Effective documentation aims to bring evidence of torture and ill-treatment to
light so that perpetrators may be held accountable. In the view of the Special
Rapporteur, lack of investigation together with impunity is the principal cause of the
perpetuation of torture and ill-treatment. The inability to tackle it effectively will
continue to encourage its practice. If States are serious about combating impunity
for torture, they will improve the quality of their criminal investigations through
effective documentation of evidence of torture.
53. In line with Commission on Human Rights resolution 2005/26, the Special
Rapporteur encourages Governments to establish thorough, prompt and
impartial investigation and documentation procedures as reflected in the
Istanbul Protocol. In particular, he recommends the following:
(a) Complaints about torture should be recorded in writing, and a
forensic medical examination (including, if appropriate, by a forensic
psychiatrist) should be immediately ordered. Such an approach should be
followed whether or not the person concerned bears visible external injuries.
Even in the absence of an express allegation of ill-treatment, a forensic medical
examination should be requested whenever there are other grounds to believe
that a person could have been the victim of ill-treatment;
(b) Access to forensic expertise should not be subject to prior
authorization by an investigating authority;
(c) Forensic medical services should be under judicial or another
independent authority, not under the same governmental authority as the police
and the penitentiary system;
(d) Public forensic medical services should not have a monopoly on
expert forensic evidence for judicial purposes;
(e) An independent forensic expert should be part of any credible factfinding or prevention mechanism.
54. In addition, the Special Rapporteur encourages the Office of the High
Commissioner for Human Rights, as well as other relevant international and
non-governmental organizations and Governments with established forensic
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