Page 191 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ISTANBUL PROTOCOL VIII. IMPLEMENTATION OF THE ISTANBUL PROTOCOL

642. The Istanbul Protocol was developed to establish and documentation practices regarding torture
specific United Nations standards on how effective and ill-treatment. The guidance included in this
legal and clinical investigations into allegations chapter is based on the core elements of the Istanbul
of torture or ill-treatment should be conducted. Protocol Plan of Action as well as the global,
While the Istanbul Protocol served to bridge the gap practical experience of those who have prepared
between the treaty-based duties of States to investigate and drafted the present edition of the Istanbul
torture and ill-treatment and the lack of normative Protocol. 531 Such guidance is intended to aid
guidance, particularly on medico-legal investigation States to implement Istanbul Protocol standards
and documentation of torture and ill-treatment, it and strengthen the conditions necessary for
did not provide detailed, specific guidance on how effective legal and medico-legal investigation and
States should implement these standards. This chapter documentation of torture and ill-treatment. This
seeks to provide guidance to States and members of guidance is also intended to serve as a framework
civil society on the implementation of the Istanbul for accountability for State implementation of
Protocol based on the extensive practical experience effective investigation and documentation practices.
of Istanbul Protocol stakeholders. As human rights
duty bearers, States have the obligation to ensure
effective torture and ill-treatment prevention, A. Conditions for effective
accountability and redress. While the guidance in implementation of the Istanbul
this chapter is aimed primarily at States in order to Protocol
fulfil their human rights obligations, it is also relevant
to members of civil society for use as a framework 645. During the past 20 years, those who have worked to
for State accountability for effective torture and implement Istanbul Protocol standards have learned
ill-treatment investigation and documentation that the effective legal and clinical investigation and
practices and to identify specific implementation documentation of torture and ill-treatment depends
activities in which civil society may participate. on a number of interdependent conditions that
require progressive implementation. States should
643. Since 1999, a number of legal and health professionals, take steps to realize the conditions described below.
and other human rights defenders have worked
to implement Istanbul Protocol standards in 1. Official recognition of Istanbul Protocol
approximately 40 countries. This extensive practical standards
experience has provided insight into the needs and
challenges associated with State implementation 646. Torture and ill-treatment are violations committed
of the Istanbul Protocol. 528 In 2012, four partner by or at the instigation of or with the acquiescence
organizations (Physicians for Human Rights, the of State officials. In order to achieve consistent
International Rehabilitation Council for Torture accountability within relevant branches of government,
Victims, the Human Rights Foundation of Turkey it is essential that States, through legislative and
and the Redress Trust) developed a series of practical administrative actions, officially recognize and
guidelines – known as the “Istanbul Protocol Plan of institutionalize Istanbul Protocol standards among
Action” – for State implementation of the Istanbul relevant departments and personnel, such as,
Protocol. The Istanbul Protocol Plan of Action was prosecutors, lawyers, including court-appointed
recognized and supported by the United Nations lawyers, judges, law enforcement, prison and
High Commissioner for Human Rights in 2012 529 military personnel, forensic and health professionals,
and the Special Rapporteur on torture in 2014. 530 and those responsible for detainee health care.

644. The guidelines of the Istanbul Protocol Plan of Action
have been applied in a number of countries and
have been instrumental in improving investigation

528 Haar and others, “The Istanbul Protocol: a stakeholder survey” (see footnote 7 in the introduction above), which provides the findings of a survey of 220 Istanbul Protocol
stakeholders from 30 countries on the country conditions in which they work and reports of the challenges that they face.
529 Statement by the United Nations High Commissioner for Human Rights, Navanethem Pillay, on 24 February 2012.
530 A/69/387, paras. 56 and 74.
531 Vincent Iacopino and others, “Istanbul Protocol implementation in Central Asia: bending the arc of the moral universe”, Journal of Forensic and Legal Medicine, vol. 69
(2020).

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