According to the CAT, the State should ensure that its “competent authorities proceed to a prompt and impartial investigation” of any torture allegations.[6] Similarly, the Istanbul Protocol asserts that the State should appoint a primary investigative authority (separately from providing access to legal services) to serve as the main liaison between the authorities and the alleged torture victim. This investigative authority must be separate from alleged torturers or any agency that employs them. [7]In doing so, the State should be sensitive to the victim's culture, language and gender. The investigator should attempt to obtain a detailed statement from the victim, color photographs of the injuries, as well as a thorough medical examination from an independent, qualified expert to produce a comprehensive evaluation of the alleged torture victim. The State should also provide the following information to the alleged torture victim during the investigation:
1. updates on the progress of the investigation; 2. information on all key hearings in the investigation and prosecution of the case; 3. updates on the suspected perpetrator (whether he/she has been identified, arrested etc.); 4. contact information for advocacy and treatment groups that might assist the victim; 5. the right to refuse questioning, to stop the investigation, or to take a break; 6. protection, not only for the victim, but also for the victim's family; 7. psychological counselors and other medical professionals trained in treating torture victims. When using any kind of formal, standardized equipment to conduct medical tests on suspected victims of torture, however doctors must be sensitive to the trauma. In fact, these instruments should only be used when absolutely necessary, such as when there is a legal case against the perpetrator and proof of torture is needed. [8]
Comments