Content of the Istanbul Protocol
The Istanbul Protocol is composed of six chapters and four annexes:
- Relevant International Legal Standards
- Relevant Ethical Codes
- Legal Investigation of Torture
- General Considerations for Interviews
- Physical Evidence of Torture
- Psychological Evidence of Torture
- Annex 1: ‘Istanbul Principles’
- Annex 2: Diagnostic Tests
- Annex 3: Anatomical drawings
- Annex 4: Guidelines for the medical evaluation
Some of the chapters are specifically addressed at legal professionals (e.g. chapter 3), while others provide guidance to health professionals in particular (e.g. chapters 5 and 6). Chapter 4 “General Considerations for Interviews” is relevant for both legal and health professionals and can be considered of special importance.
Interviews can be carried out for judicial or medical purposes as well as for documentation, however, the “broad purpose of the investigation is to establish the facts related to alleged incidents of torture”.
The general results of any interview in the context of alleged torture are:
1) identifying the perpetrators of torture and bringing them to justice
2) support for political asylum applications
3) determining conditions under which false confessions may have been obtained by State officials
4) determining regional practices of torture. Medical evaluations may also be used to identify the therapeutic needs of survivors, and as testimony in human rights investigations.
At first sight it may appear as if it is mainly medical investigations and interviews that provide useful evidence for legal processes. However, interviews at the legal level also provide various findings of use to the medical sphere. It is possible for legal professionals to have contact with and to interview alleged victims in custody more than once. The intervention of medical and legal professionals in the process provides crucial opportunities for interaction and mutual support.
Experts are required to pay special attention to the following issues during interviews: “Techniques of Questioning”, “Taking the History”, “Psychosocial History, Pre-arrest”, “Summary of Detention(s) and Abuse”, “Circumstances of Detention(s)”, “Prison/Detention Place Conditions”, “Methods of Torture and Ill Treatment”, “History Assessment”, “Review of Torture Methods”, “Risk of Retraumatisation by the Interviewer”, “Use of Interpreters”, and “Gender Issues”.
Another important issue concerning legal matters is “Procedural safeguards with respect to detainees” outlined under “General Considerations for Interview”.
While it may appear that the safeguards only cover medical issues, the guidelines also concern public prosecutors and other relevant officials (i.e. law enforcement officials, soldiers, prison officers). The issues of concern include: transportation of a detainee, authorization of requests, requests for medical evaluations, evidence seeking, documentation of torture and ill treatment incidents, supervision of responsible officers, physical conditions for medical examination, falsification of a report, transmission of a report, requesting a medical report, access to a lawyer and access to a doctor.
Annex 1 in the Istanbul Protocol also deserves special mentioning. The annex contains “the Istanbul Principles” (click here to download this annex) which are minimum standards for States who wish to carry out investigations of alleged torture. The principles state the purposes of effective investigation and documentation of alleged torture include:
- clarification of the facts and establishment of individual and State responsibility
- identification of measures to prevent recurrence
- facilitation of prosecution and/or, as appropriate, disciplinary sanctions, and the demonstration of the need for full reparation and redress from the State
Furthermore, the principles recall that States must ensure that complaints and reports of torture are promptly and effectively investigated by a competent and impartial body.
To read the text of the Istanbul Protocol in its entirety, please click here.
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