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III. LEGAL INVESTIGATION OF TORTURE OR ILL-TREATMENT ISTANBUL PROTOCOL

secure the right of victims to an effective remedy subjected to torture (or other human rights violations
and reparation; 397 (c) truth commissions and other amounting to persecution) – and adequately consider
procedures established in the context of a transition available evidence, particularly clinical evidence, in
from repressive regimes and/or conflict; 398 and (d) their decision-making. In particular, decision makers
applications for asylum or non-refoulement. 399 In must not adopt opinions on clinical matters for which
situations in which no full investigation has been they are not qualified and must not dismiss clinical
carried out, any evidence submitted in relevant evidence on the basis of having made a prior negative
legal proceedings should be obtained by adhering credibility finding. Clinical evidence of past torture
to the Istanbul Protocol and its Principles. or ill-treatment is typically a strong indicator of a
real risk of persecution or torture upon return. 400
265. Decision makers, particularly in asylum and The lack of clinical evidence does not establish that
refoulement cases, must apply the correct standard of a person has not been tortured or that the claim
proof – of a reasonable likelihood or real risk of being of a person alleging torture lacks credibility.

397 Committee against Torture, general comment No. 3 (2012), inter alia, para. 30: “States parties shall also make readily available to the victims all evidence concerning acts
of torture or ill-treatment upon the request of victims, their legal counsel, or judge. A State party’s failure to provide evidence and information, such as records of medical
evaluations or treatment, can unduly impair victims’ ability to lodge complaints and to seek redress, compensation and rehabilitation.”
398 A/HRC/24/42.
399 Committee against Torture, general comment No. 4 (2017), para. 18 (e).
400 Ibid., para. 28.

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