Page 205 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ANNEXES ISTANBUL PROTOCOL

of clinical practice. In particular, examinations (iii) Physical and psychological examination:
shall be conducted in private under the control record of all physical and psychological findings
of the clinical expert and outside the presence of on clinical examination, including appropriate
security agents and other government officials. diagnostic tests and, where possible, colour
photographs of all injuries;
(b) The clinical expert shall promptly prepare an
accurate written report, which shall include at least the (iv) Opinion: interpretation as to the probable
following: relationship of the physical and psychological
findings to possible torture or ill-treatment.
(i) Circumstances of the interview: name of A recommendation for any necessary medical
the subject and name and affiliation of those and psychological treatment and/or further
present at the examination; exact time and date; examination shall be given;
location, nature and address of the institution
(including, where appropriate, the room) (v) Authorship: the report shall clearly identify
where the examination is being conducted (e.g., those carrying out the examination and shall
detention centre, clinic or house); circumstances be signed.
of the subject at the time of the examination
(e.g., nature of any restraints on arrival or (c) The report shall be confidential and communicated
during the examination, presence of security to the subject or his or her nominated representative.
forces during the examination, demeanour of The views of the subject and his or her representative
those accompanying the prisoner or threatening about the examination process shall be solicited
statements to the examiner); and any other and recorded in the report. It shall also be provided
relevant factors; in writing, where appropriate, to the authority
responsible for investigating the allegation of torture
(ii) History: detailed record of the subject’s or ill-treatment. It is the responsibility of the State to
account of events as given during the interview, ensure that it is delivered securely to these persons.
including alleged methods of torture or The report shall not be made available to any other
ill-treatment, times when torture or ill-treatment person, except with the consent of the subject or on the
is alleged to have occurred and all complaints of authorization of a court empowered to enforce such a
physical and psychological symptoms; transfer.

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