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IV. GENERAL CONSIDERATIONS FOR INTERVIEWS ISTANBUL PROTOCOL

appropriate conditions. In some cases, it may be best lawyer should be present during the request for
to insist that the evaluation take place at the facility’s examination and post-examination transport of the
medical unit or off-site from the prison or jail. In detainee. Detainees have the right to obtain a second
other cases, prisoners may prefer to be examined in or alternative clinical evaluation by a qualified clinician
the relative safety of their cell, if, for example, they of their choice during and after the period of detention.
are concerned that the medical premises may be under
surveillance. However, interviewers should apply and 313. Each detainee must be examined in private. Police or
adapt these basic principles on interviewing as much other law enforcement officials should not be present
as possible. The best place will be dictated by many in the examination room. This procedural safeguard
factors, but in all cases, interviewers should ensure may be precluded only when, in the opinion of the
that interviewees are not forced into accepting a examining clinician, there is compelling evidence
place in which they do not feel comfortable or safe. that the detainee poses a serious safety risk to health
personnel. Under such circumstances, the security
311. If possible, the room should have appropriate physical personnel of the health facility, not the police or
conditions (light, ventilation, size and temperature). other law enforcement officials, should be available
There should be access to toilet facilities and upon request by the clinician. In such cases, security
refreshment opportunities. The seating arrangement personnel should remain out of earshot (i.e. be
should allow the interviewer and interviewee to be within only visual contact) of the interviewee.
equally comfortable and at an appropriate distance
to establish eye contact and see each other’s faces 314. The presence of police officers, soldiers, prison
clearly. Neither the interviewer nor the interviewee officers or other law enforcement officials in the
should sit in a position that blocks access to the examination room, for whatever reason, should be
door. Attention should be paid to arrange the noted in the clinician’s official medico-legal report.
room in a way that it is not reminiscent of official Their presence during the examination may be grounds
surroundings or the interrogation process. for disregarding a negative medico-legal report. The
identity and titles of others who are present in the
4. Procedural safeguards with respect examination room during the clinical evaluations
to detainees should be indicated in the report. Official medico-legal
evaluations of detainees by State forensic experts
312. Medico-legal evaluations of detainees should be should include the use of a standardized medical
conducted when requested by official written requests report form that is consistent with the Istanbul
by public prosecutors or other appropriate officials Protocol and its Principles, including annex IV.
and with the informed consent of the alleged victim.
Requests for medico-legal evaluations by law 315. The original, completed evaluation should be
enforcement officials are to be considered invalid unless transmitted directly to the person requesting the report,
they are requested on the written order of a public generally the public prosecutor or other appropriate
prosecutor or other appropriate official. Detainees officials, and/or their legal representative. When
themselves or their lawyers or relatives have the right detainees or lawyers acting on their behalf request
to request a clinical evaluation to assess evidence of a medico-legal report, the report must be provided.
torture or ill-treatment. The detainee should be taken Copies of all medico-legal reports should be retained
to the clinical examination by officials other than by the examining clinician. Under no circumstances
soldiers and police since torture or ill-treatment may should a copy of the medico-legal report be transferred
have occurred in their custody and, therefore, that to law enforcement officials. 406 It is mandatory that
would place unacceptable coercive pressure on the a detainee undergo a thorough medical examination
detainee or the clinician not to document torture or at the time of detention. 407 Access to a lawyer should
ill-treatment effectively. The officials who supervise the be provided at the time of the clinical evaluation.
transportation of the detainee should be responsible to An outside presence during examinations may be
the public prosecutor or other appropriate official, but impossible in most prison situations. In such cases,
not to other law enforcement officials. The detainee’s it should be stipulated that prison doctors working

406 When police officers transport detainees to clinicians for evaluations and demand to receive a copy of the report, the clinician should refuse and, instead, provide a copy to
the public prosecutor or other appropriate legal officials. The clinician’s reports may be shared with detainees, but the risk of the police accessing a copy should be discussed
with them.
407 Nelson Mandela Rules, rule 30; and Bangkok Rules, rule 6.

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