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ISTANBUL PROTOCOL III. LEGAL INVESTIGATION OF TORTURE OR ILL-TREATMENT

foreign nationals 350 and for refugees and stateless inquiry or similar procedure. Members of such a
persons); 351 (c) to lodge complaints in a timely commission should be chosen for their recognized
and confidential manner; 352 and (d) to have access impartiality, competence and independence as
to external judicial and monitoring bodies. 353 individuals. In particular, they must be independent
“Complaints about torture should be recorded in of any suspected perpetrators and the institutions or
writing, and a forensic medical examination (including, agencies that they may serve. The commission must
if appropriate, by a forensic psychiatrist) should have the authority to obtain all information necessary
be immediately ordered.” 354 It is also in the public to the inquiry and should conduct the inquiry as
interest that any person is able to raise allegations provided for under these principles. 358 A written
of torture or ill-treatment, or report torture or report, made within a reasonable time, must include
ill-treatment, without the risk that such persons and the scope of the inquiry, procedures and methods
their relatives and legal representatives and human used to evaluate evidence as well as the conclusions
rights defenders are exposed to adverse consequences and recommendations based on findings of fact and
as a result of making and pursuing a complaint. 355 on applicable law. The publication of findings should
be in accordance with the victims’ best interests.
197. Alleged victims of torture or ill-treatment and their Therefore, it should take into account the duty of
legal representatives must be informed of, and have confidentiality in examinations and the risk for the
access to, any hearing, as well as to all information victims’ integrity as a result of the findings being
relevant to the investigation, and must be entitled made public. It must also describe in detail specific
to present other evidence. Moreover, they must be events that were found to have occurred and the
able to challenge investigative measures, or the lack evidence upon which such findings were based and
thereof, before an independent body and, where list the names of witnesses who testified with the
necessary, be provided with legal aid. 356 Authorities exception of those whose identities have been withheld
must ensure the rights of victims to security, privacy for their own protection. The State must, within a
and physical and mental integrity, and take measures reasonable period of time, reply to the report of the
to minimize the risk of traumatization throughout investigation and, as appropriate, indicate the steps
the course of investigations and other relevant legal to be taken in response (see paras. 238–251 below).
proceedings. 357 In cases of investigating sexual violence
or abuse of children or other vulnerable persons, 7. Medical expert’s report
the authorities should pursue an approach that fully
takes into consideration the characteristics of victims 199. Medical experts involved in the investigation of
and the impact of the particular form of torture. torture or ill-treatment should behave at all times
in conformity with the highest ethical standards
6. Independent commission of inquiry and, in particular, must obtain informed consent
before any examination is carried out. The
198. In cases in which the established investigative examination must conform to established standards
procedures are inadequate because of insufficient of medical practice. In particular, examinations
expertise or suspected bias, or because of the apparent must be conducted in private under the control
existence of a pattern of abuse, or for other substantial of the medical expert and outside the presence of
reasons, States must ensure that investigations are security agents and other government officials.
carried out through an independent commission of The medical expert should promptly prepare

350 Nelson Mandela Rules, rule 62 (1); Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 16 (2); and Vienna Convention
on Consular Relations, art. 36 (1).
351 Nelson Mandela Rules, rule 62 (2).
352 Ibid., rules 56–57; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 33 (1)–(3); and Svandize, Effective Investigations
of Ill-Treatment, pp. 35–37.
353 Nelson Mandela Rules, rule 56 (3); and Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principles 29 and 33 (4). See also
Inter-American Commission on Human Rights, Report on the Human Rights of Persons Deprived of Liberty in the Americas (2011), para. 254.
354 A/62/221, para. 53 (a). See also Committee against Torture, general comment No. 3 (2012), para. 25.
355 A/69/387, para. 55.
356 Svandize, Effective Investigation of Ill-Treatment, p. 58, para. 4.5.1.
357 Committee against Torture, general comment No. 3 (2012), para. 21; and Sara Ferro Ribeiro and Danaé van der Straten Ponthoz, International Protocol on the Documentation
and Investigation of Sexual Violence in Conflict – Best Practice on the Documentation of Sexual Violence as a Crime or Violation of International Law, 2nd ed. (London,
2017), p. 239, which lists the following strategies to mitigate retraumatization: (a) ensuring physical and emotional safety before, during and after interview; (b) promoting
trustworthiness; (c) choice; (d) collaboration and participation; and (e) empowerment.
358 Under certain circumstances professional ethics may require information to be kept confidential. These requirements should be respected.

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