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VIII. IMPLEMENTATION OF THE ISTANBUL PROTOCOL ISTANBUL PROTOCOL

training health and legal professionals together – as the conditions necessary for effective investigation
interactions among different target groups (State and documentation of torture and ill-treatment.
forensic experts, other health and mental health
professionals, prosecutors, lawyers and judges) aids 675. The organizational structure of an independent
in the development of a common understanding monitoring body may be informed by the guidelines
of investigation and documentation norms and on national preventive mechanisms. 538 Presently,
procedures, and the respective roles and challenges that existing independent bodies may already have a
each group experiences. Furthermore, the participation role in monitoring progress in using the Istanbul
of health and legal professionals from civil society in Protocol standards in domestic contexts. Regardless
the training of State officials often enriches the training of the organizational structure, the establishment
experience and enables such officials and members of an independent monitoring body should follow
of civil society to work towards common goals. the Paris Principles to ensure the independence,
legitimacy and credibility of the monitoring body.
673. Independent, non-governmental clinicians play Whether monitoring functions are conducted by or
a critical role in the effective investigation and within existing national human rights institutions
documentation of torture and ill-treatment. While (such as a national commission on human rights,
they do not act on behalf of the State, their capacity ombudsperson’s office or other similar institutions)
to independently and impartially document torture or a new and separate body, the participation of civil
and ill-treatment is often essential to the State society is essential, and the selection of civil society
in fulfilling its obligation to ensure the effective representatives should be inclusive and transparent.
investigation and documentation of torture and
ill-treatment and its prevention, accountability and 676. Monitoring functions should include but are not
redress and rehabilitation. States can and should limited to: compliance with conditions for effective
support non-governmental clinicians as much as implementation of the Istanbul Protocol (see
possible, including by ensuring training, facilitating paras. 645–653 above), development of standards,
evaluations of alleged torture and ill-treatment by procedures and structures for legal and health
non-governmental clinicians, ensuring that equal professions and training of relevant legal and
weight is given to their medico-legal evaluations health professionals. The independent monitoring
in judicial proceedings and supporting relevant body should also monitor ongoing functioning
capacity-building and networking efforts. of the national documentation system, including
overall performance of the documentation system,
individual access to prompt, independent, impartial
E. Implementation of the Istanbul and effective investigation and documentation of
Protocol: monitoring and allegations of torture or ill-treatment, and torture
accountability and ill-treatment practices based on disaggregated
data collected in a national documentation system.
674. It is essential to monitor implementation efforts An independent monitoring body may consider
and measure meaningful outcomes in order to establishing subsidiary medical and legal advisory
evaluate the effectiveness of efforts to eradicate committees composed of independent experts to
torture and ill-treatment, or the lack thereof. State provide technical assistance to the independent
monitoring of State officials’ conduct is often monitoring body in executing monitoring activities and
ineffective and, in some countries, used as a means providing opinions and recommendations for action.
of concealing torture and ill-treatment practices. For
this reason, it is essential that independent bodies 677. An independent monitoring body should seek to
monitor implementation of the Istanbul Protocol provide systematic accountability for torture and
and the findings of monitoring activities should ill-treatment in the form of recommendations and
be publicly reported to ensure accountability for guidance on specific issues of concern to professional
State crimes. States should mandate and support groups and subgroups, such as capacity-building
an independent monitoring body to monitor the and policy reforms. Such an independent monitoring
implementation of Istanbul Protocol standards and body should seek to ensure individual, professional

538 CAT/OP/12/5; and Association for the Prevention of Torture and the Inter-American Institute for Human Rights, Optional Protocol to the UN Convention against Torture:
Implementation Manual, revised ed. (Geneva, 2010), pp. 85–103.

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