Page 91 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

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

resources and powers. Finally, investigators should investigators need to be mindful, from the earliest
have the power to seek help from the international stages and throughout any investigation, of the need
community of experts in law and medicine. for co-ordination. Investigators should be equipped
with knowledge and skills on the use of consolidating
203. States are required to “ensure that the fundamental statements. Investigators and other actors should seek
principles of investigation … are … officially to avoid taking additional or duplicative statements
recognized among relevant departments and from victims and witnesses in instances in which they
personnel, including prosecutors, defence attorneys, have already been interviewed, particularly to avoid
judges, law enforcement, prison and military the risk of retraumatization and of undermining trust
personnel, forensic and health professionals and in the work and effectiveness of justice procedures.
those responsible for detainee health care”. 360 States This includes adopting a team approach involving
must provide training, and adequate guidance and legal investigators and medical examiners who also
instructions, on international standards concerning want and need to take a detailed history of events.
the investigation of torture or ill-treatment, as set
out in this manual, and on good practice to any 3. Conducting an investigation
persons involved in relevant investigations and
other legal proceedings. 361 Such measures should 206. Investigating bodies must conduct, as promptly and
include a focus on specific considerations applicable expeditiously as possible, the full range of generally
in cases of investigating sexual violence or abuse of recognized investigative measures with a view
children or other vulnerable persons, such as the to establishing a record that is as comprehensive
need for a gender- and child-sensitive approach. and accurate as possible in the circumstances
of the particular case. Such investigative steps
2. Planning and preparing an investigation include gathering: (a) testimonial evidence (i.e.
interviewing the alleged victims, witnesses and the
204. Investigating bodies must carefully plan and prepare alleged perpetrator(s)); 362 (b) physical evidence,
their investigations into torture or ill-treatment. including forensic evidence; (c) digital evidence;
Essential planning considerations include, in and (d) documentary evidence, both in relation to
particular: (a) conducting thorough and dynamic risk specific acts of torture or ill-treatment and relevant
and threat assessments; (b) selecting, training and elements of the crime, where appropriate, and
vetting members of the investigating team (including broader patterns of torture and ill-treatment.
investigators, possible interpreters, intermediaries,
analysts and support staff); (c) preparing a written (a) Interviewing alleged victims
investigation plan; (d) mapping support services and other witnesses
to which the victim can be referred as needed; (e)
considering what evidence to collect and how to safely 207. Because of the nature of torture cases and the trauma
record, store, transport, organize and analyse such individuals suffer as a result, often including a
evidence as appropriate; (f) putting in place codes of devastating sense of powerlessness, it is particularly
conduct and standard operating procedures, including important to show sensitivity to the alleged torture
appropriate self-care procedures to minimize the risk victim and other witnesses by putting in place
of secondary trauma for members of the investigating measures and procedures that reduce the risk of further
team; (g) selecting an interview location that is safe, traumatization or retraumatization. 363 The State must
private, neutral and comfortable; and (h) putting in protect alleged victims of torture and witnesses and
place protective measures for victims and witnesses. their families from violence, threats of violence or any
other form of intimidation that may arise pursuant
205. Considering that there may be multiple (national to the investigation. Investigators must inform
and international) actors with varying mandates witnesses about the consequences of their involvement
relating to the investigation of torture or ill-treatment,

360 A/69/387, para. 66.
361 Committee against Torture, general comment No. 3 (2012), para. 35; and Inter-American Court of Human Rights, Espinoza Gonzáles v Peru, paras. 323–327.
362 For guidance on effective interviewing and implementation of safeguards during questioning, see the Principles on Effective Interviewing for Investigations and Information
Gathering (2021). Available at www.apt.ch/sites/default/files/publications/apt_PoEI_EN_08.pdf.
363 Committee against Torture, general comment No. 3 (2012), para. 21. Regarding the need for “methodological training in order to prevent re-traumatization of victims of torture
or ill-treatment”, see general comment No. 3 (2012), para. 35.

50