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ISTANBUL PROTOCOL VIII. IMPLEMENTATION OF THE ISTANBUL PROTOCOL

659. Torture and ill-treatment often occur in custody in detention, whether in civil or military settings, in
when States fail to ensure safeguards for persons accordance with Istanbul Protocol standards;
deprived of their liberty and fail to have effective
complaint mechanisms to address alleged abuses. (n) Ensuring appropriate safeguards for special
States should take the necessary steps to ensure categories of detainees (women, juveniles, older
effective complaint mechanisms for individuals who persons, foreign nationals, ethnic minorities, lesbian,
allege torture or ill-treatment and protection from gay, bisexual, transgender and intersex persons,
reprisals and/or intimidation. They should also ensure persons who are ill, persons with disabilities, persons
safeguards for persons deprived of their liberty by: with mental health problems or learning disabilities
and other groups or individuals who may be
(a) Abiding by the Nelson Mandela Rules and other particularly vulnerable during detention).
relevant United Nations standards;
660. As described in paragraph 186 above, States have
(b) Informing people deprived of their liberty of their a duty to conduct prompt, impartial, independent,
rights in a language that they understand; effective and thorough investigations of all allegations
of torture or ill-treatment with the participation of
(c) Guaranteeing prompt access to a lawyer of victims during all phases of the investigations. Given
one’s choice during all interrogations and judicial the critical importance of medico-legal evidence
proceedings; of torture, States should implement a system of
mandatory health evaluations of detained persons,
(d) Allowing prompt contact and visits by relatives including an initial health examination at the time
and/or friends; of detention and every 24 hours thereafter; at the
request of the detainee; and before transfers to other
(e) Allowing regular visits by monitoring bodies; places of detention, including judicial remand. 535 Since
torture and ill-treatment are crimes committed by or
(f) Guaranteeing prompt access to a judge ex officio in with the acquiescence of State officials, it is essential
criminal proceedings and the right to habeas corpus in that States ensure the right of alleged victims to one
all proceedings; or more health professionals of the detainee’s choice
for clinical evaluation at any time during or after
(g) Allowing prompt consular access for those detained being in custody, including in places of detention that
in a foreign State (a State that is not their State of require security clearance. Such evaluations by non-
nationality); governmental clinicians must be admissible in court
and given consideration equal to that of governmental
(h) Ensuring that no one is detained in any medical experts. 536 Clinicians, both governmental
unrecognized or secret detention facility; and non-governmental, should have prompt access
(within less than 24 hours) to alleged victims of torture
(i) Maintaining effective and accurate custody records; or ill-treatment to assess physical and psychological
evidence in accordance with Istanbul Protocol
(j) Prohibiting incommunicado and indefinite standards whether or not the individuals are in
detention, including in unofficial places of detention; custody. States should ensure that all Istanbul Protocol
procedural safeguards for medico-legal evaluations
(k) Prohibiting the use in any proceedings of evidence of alleged torture or ill-treatment are codified into
obtained as a result of torture or ill-treatment; national law, including codes of criminal procedure and
forensic and health law (see paras. 312–315 above).
(l) Ensuring that interrogations are consistent with
internationally recognized law enforcement practices; 661. States should develop a strong legal framework to
provide reparation for torture and ill-treatment,
(m) Adopting standard operating procedures for including civil proceedings that are independent
evaluating and reporting alleged torture or ill-treatment of the outcome of any criminal proceedings,

535 As such evaluations are an obligation of States, the cost of mandatory health evaluations should be borne by them.
536 While NGOs, clinicians and health professionals are not obliged under international law to produce evaluations in accordance with the Istanbul Protocol, they are greatly
encouraged to do so. In addition, alleged victims reserve the right to decide whether to submit evidence and the types thereof.

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