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BACKGROUND NOTE






                        This is an updated edition of the  Manual on the Effective Investigation and
                        Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
                        Punishment (Istanbul Protocol). The Istanbul Protocol sets out international standards
                        on how effective legal and medico-legal investigations into allegations of torture or
                        ill-treatment should be conducted. The Istanbul Protocol was developed by 75 experts
                        in law, health and human rights from 40 organizations in 15 countries. It was officially
                        endorsed by the former United Nations High Commissioner for Human Rights, Mary
                        Robinson, on 9 August 1999 and included in the Professional Training Series of the
                        Office of the United Nations High Commissioner for Human Rights in 2001 and later
                        updated in 2004. The Istanbul Protocol contains a series of “Istanbul Principles”,
                        which articulate minimum standards for State adherence to ensure the effective
                        investigation and documentation of torture and ill-treatment, which are further
                        elaborated in the manual. The Istanbul Principles were promoted in resolutions of
                        the General Assembly  and the former Commission on Human Rights in 2000  and
                                                                                             2
                                           1
                        States were called upon to disseminate the Principles widely and use them in efforts to
                        combat torture.

                        The Istanbul Protocol and its Principles are routinely used as a point of reference for
                        measuring the effectiveness of investigations into torture by the Committee against
                        Torture, the Special Rapporteur on torture and other cruel, inhuman or degrading
                        treatment or punishment and the Subcommittee on Prevention of Torture and Other
                        Cruel, Inhuman or Degrading Treatment or Punishment. In addition, the standards
                        laid out in the Istanbul Protocol have been applied by regional human rights bodies,
                        including the Inter-American Commission on Human Rights, the Inter-American Court
                        of Human Rights, the African Commission on Human and Peoples’ Rights and the
                        European Court of Human Rights, as well as many national institutions. In his annual
                        report to the General Assembly in October 2014, the Special Rapporteur on torture,
                        Juan E. Méndez, recognized the critical role of forensic and medical sciences in the
                        investigation and prevention of torture and other ill-treatment. He stated that “The
                        Istanbul Protocol standards serve as a standard for evaluation of medical evidence, as
                        a reference tool for experts delivering expert opinions, as a benchmark for assessing
                        the effectiveness of the domestic fact-finding and as a means of redress for victims” and
                        that: “Quality forensic reports are revolutionizing the investigation of torture.”  Such
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                        recognition by United Nations human rights bodies, regional human rights courts and
                        United Nations Special Rapporteurs has facilitated the widespread use and acceptance
                        of the Istanbul Protocol in medico-legal and other contexts worldwide. During the
                        past 20 years, the Istanbul Protocol and its Principles have been increasingly used by
                        State and non-State actors to guide their investigations into torture and ill-treatment.













            1   General Assembly resolution 55/89.
            2   Commission on Human Rights resolution 2000/43.
            3   A/69/387, paras. 59 and 64.


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