Page 204 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ISTANBUL PROTOCOL ANNEXES

1. The purposes of effective investigation and violence or any other form of intimidation that may
documentation of torture and other cruel, inhuman arise pursuant to the investigation. Those potentially
or degrading treatment or punishment (hereinafter implicated in torture or ill-treatment shall be removed
“torture or other ill-treatment”) include the following: from any position of control or power, whether direct
or indirect, over complainants, witnesses and their
(a) Clarification of the facts and establishment and families, as well as those conducting the investigation.
acknowledgement of individual and State responsibility
for victims and their families; 4. Alleged victims of torture or ill-treatment and
their legal representatives shall be informed of,
(b) Identification of measures needed to prevent and have access to, any hearing, as well as to all
recurrence; information relevant to the investigation, and
shall be entitled to present other evidence.
(c) Facilitation of prosecution and/or, as appropriate,
disciplinary sanctions for those indicated by the 5. (a) In cases in which the established investigative
investigation as being responsible and demonstration procedures are inadequate because of insufficient
of the need for full reparation and redress from expertise or suspected bias, or because of the apparent
the State, including fair and adequate financial existence of a pattern of abuse or for other substantial
compensation and provision of the means for medical reasons, States shall ensure that investigations are
care and rehabilitation. undertaken through an independent commission
of inquiry or similar procedure. Members of such
2. States shall ensure that complaints and reports of a commission shall be chosen for their recognized
torture or ill-treatment are promptly and effectively impartiality, competence and independence as
investigated. Even in the absence of an express individuals. In particular, they shall be independent
complaint, an investigation shall be undertaken if of any suspected perpetrators and the institutions
there are other indications that torture or ill-treatment or agencies they may serve. The commission
might have occurred. The investigators, who shall shall have the authority to obtain all information
be independent of the suspected perpetrators and the necessary to the inquiry and shall conduct the
3
agency they serve, shall be competent and impartial. inquiry as provided for under these Principles.
They shall have access to, or be empowered to
commission investigations by, impartial clinical or (b) A written report, made within a reasonable time,
other experts. The methods used to carry out such shall include the scope of the inquiry, procedures
investigations shall meet the highest professional and methods used to evaluate evidence as well as
standards and the findings shall be made public. conclusions and recommendations based on findings
of fact and on applicable law. Upon completion, the
3. (a) The investigative authority shall have the power and report shall be made public. It shall also describe in
obligation to obtain all the information necessary to detail specific events that were found to have occurred
the inquiry. The persons conducting the investigation and the evidence upon which such findings were based
2
shall have at their disposal all the necessary budgetary and list the names of witnesses who testified, with the
and technical resources for effective investigation. They exception of those whose identities have been withheld
shall also have the authority to oblige all those acting for their own protection. The State shall, within a
in an official capacity allegedly involved in torture reasonable period of time, reply to the report of the
or ill-treatment to appear and testify. The same shall investigation and, as appropriate, indicate steps to be
apply to any witness. To this end, the investigative taken in response.
authority shall be entitled to issue summonses to
witnesses, including any officials allegedly involved, 6. (a) Clinical experts involved in the investigation
and to demand the production of evidence. of torture or ill-treatment shall behave at all times
in conformity with the highest ethical standards
(b) Alleged victims of torture or ill-treatment, and, in particular, shall obtain informed consent
witnesses, those conducting the investigation and their before any examination is undertaken. The
families shall be protected from violence, threats of examination must conform to established standards

2 Under certain circumstances, professional ethics may require information to be kept confidential. These requirements should be respected.
3 Under certain circumstances, professional ethics may require information to be kept confidential. These requirements should be respected.

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