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VIII. IMPLEMENTATION OF THE ISTANBUL PROTOCOL ISTANBUL PROTOCOL

and the right of victims to rehabilitation. This prohibited from having any role in the imposition of
should include effective procedural remedies, both disciplinary sanctions or other restrictive measures.
judicial and non-judicial, to protect the right of
victims to be free from torture and ill-treatment
in law and practice and to provide reparation and D. State forensic and health
rehabilitation for torture and ill-treatment committed profession reform
against them. Domestic law should provide for
the different forms of reparation recognized under 664. The obligations of States under international law
international law and the reparations afforded to effectively investigate allegations of torture
should reflect the gravity of the violation(s). or ill-treatment require States to ensure effective
policies, practices and capacities for the effective
662. States should ensure that all relevant personnel (law investigation and documentation of torture and
enforcement officials, prison officials, State forensic ill-treatment by State-employed forensic experts and
experts and other health professionals, prosecutors, clinicians. This State obligation also extends to the
lawyers and judges) receive training on effective legal support of non-governmental clinicians given the
and clinical investigation and documentation of torture critical importance of independence and impartiality
and ill-treatment and that law enforcement personnel in achieving accountability for State crimes, such
receive specific training on internationally accepted as torture and ill-treatment. In addition, victims of
interrogation methods and effective measures to torture have the right to have access to independent
prevent torture and ill-treatment. Training of relevant health professionals and clinical experts and may
target groups should be included in the relevant not trust or wish to avail themselves of State services
professional curricula, as well as specific training since torture is a crime committed by the State.
courses and continuing education for those already
practising in their fields. Lawyers, prosecutors and 665. State-employed forensic experts and clinicians may
judges should have specific knowledge and training on encounter victims of torture or ill-treatment in medico-
the Istanbul Protocol and its Principles, particularly legal and other clinical or institutional settings. In all
the guidance on legal investigations of torture and settings, they have a duty to effectively investigate and
ill-treatment and relevant medico-legal issues, such document clinical evidence of torture or ill-treatment
as an understanding of the content of medico-legal in accordance with Istanbul Protocol standards.
evaluations of alleged torture and ill-treatment, as State forensic institutions and health agencies need to
described in chapters IV, V and VI and annexes I review and reform policies and practices that are not
and IV, and the qualifications necessary for clinical consistent with Istanbul Protocol standards, ensure
expert witness testimony (see paras. 303–308). safeguards for effective evaluations, provide adequate
Lawyers, prosecutors and judges should also have training and support to all relevant health professionals
specific knowledge and training on the exclusionary and ensure respect for relevant ethical principles.
rule (see paras. 10 (i), 16 and 264 above) under
which evidence obtained as a result of torture or 666. One of the most significant problems in implementing
ill-treatment is excluded from use in legal proceedings. Istanbul Protocol standards is the lack of independence
In addition, government officials should be trained to of State-employed health professionals. Since
recognize and respond appropriately to allegations torture and ill-treatment are State crimes and
of torture or ill-treatment. Those who have worked State-employed forensic experts and clinicians are
to implement Istanbul Protocol standards have under the authority of State officials, these health
developed a number of general and specific training professionals may experience and/or perceive
materials for relevant legal and clinical professionals. pressure to ignore or misrepresent clinical evidence
of torture or ill-treatment. This should never be
663. States should also ensure respect for legal and tolerated by forensic institutions and health agencies
medical ethical duties as described in chapter II. as the failure to document and denounce torture
These include, among others, non-participation by and ill-treatment is considered a form of complicity
health professionals in any form of interrogation by WMA (see para. 155 above). States, particularly
practices and compulsory documentation and their forensic institutions and health agencies, are
reporting requirements when torture or ill-treatment responsible for ensuring an environment wherein all
is alleged or suspected. Health professionals are also forensic evaluations can be conducted independently,
scientifically and ethically. In order for States to meet

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