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

225. Most torture and ill-treatment occur in places of other contact information. If torture is recent enough
detention in which preservation of physical evidence for it to be relevant, an inventory of the clothing of the
or unrestricted access may be initially difficult or even person alleging torture, bedding, sheets, blindfolds and
impossible. Investigators must be given authority by other relevant evidence should be taken and tested at
the State to obtain unrestricted access to any place or a laboratory, if available, for bodily fluids and other
premises and be able to secure the setting in which physical evidence. Information must be obtained from
torture allegedly took place. Investigative personnel anyone present on the premises or in the area under
and other investigators should coordinate their efforts investigation to determine whether they witnessed
in carrying out a thorough investigation of the place the incidents of alleged torture or ill-treatment. Any
in which torture allegedly occurred. Investigators must relevant papers, records or documents should be
have unrestricted access to the alleged scene of torture saved for evidential use and handwriting analysis.
or ill-treatment. Their access must include, but not be
limited to, open or closed areas, including buildings, (c) Medico-legal evidence
vehicles, offices, prison cells or other premises in which
torture or ill-treatment is alleged to have taken place. 228. Medico-legal documentation can take the form of
notes, medical charts (including body charts, such
226. A site of violation/crime scene, such as a place as those included in annex III, to show the location
of detention, may contain useful physical, digital of injuries), official medical certificates, computer
and documentary evidence that can corroborate files, digital mobile files, recordings, photographs,
testimonial evidence provided by the alleged victim reports or a combination thereof. Collecting
or other witnesses. Collaboration with clinical medico-legal evidence consists of the collection of:
and forensic experts is of vital importance in (a) the narrative history of the alleged torture or
retrieving and analysing evidence present in sites of ill-treatment, medical (physical and psychological)
violations and ensuring that the chain of custody examination and documentation of the findings for
is properly maintained. Any building or area under the purpose of corroboration and, where feasible,
investigation must be closed off so as not to lose or storing and processing of samples; and (b) physical
risk contamination of any possible evidence. Only evidence – forensic specimens – from the body of
appropriately trained investigators and their staff the alleged victim(s) (or other persons involved).
should be allowed to enter an area once it has been Medico-legal evidence should only be collected,
designated as under investigation. Examination of the processed and analysed by trained health and
scene for any material evidence should take place. forensic professionals. Investigators requesting
medical services to provide medical records or service
227. All evidence must be properly collected, handled, provision or patient information should only do so in
packaged, labelled and placed in safekeeping to situations in which they are duly mandated and have
prevent contamination, tampering or loss of evidence. the requisite legal powers, while fully considering
If the torture or ill-treatment has allegedly taken place confidentiality, data protection and informed consent.
recently enough for such evidence to be relevant,
any samples found of body fluids (such as blood or 229. Investigators should arrange for medical examinations
semen), hair, fibres and threads should be collected, of the alleged victims. The timeliness of such medical
labelled and properly preserved. Any implements examinations is particularly important. A medico-legal
that could be used to inflict torture, whether destined examination should be carried out regardless of the
for that purpose or used circumstantially, should be length of time since the alleged torture or ill-treatment
taken and preserved. If recent enough to be relevant, and be arranged urgently before acute signs fade.
any fingerprints located must be lifted and preserved. The examination should include an assessment
A labelled sketch of the premises or place at which of the need for treatment of injuries and illnesses,
torture allegedly took place must be made to scale, psychological help, advice and follow-up (see chap. V
showing all relevant details, such as the location of for a description of the clinical evaluation of physical
the floors in a building, rooms, entrances, windows, evidence). Medico-legal examinations should only take
furniture and surrounding terrain. Colour photographs place with the informed consent of alleged victims,
and/or video recordings must also be taken to record including with respect to their right to be examined by
the same. A record of the identity of all persons present a practitioner of the gender of their choice, in settings
at the alleged torture scene must be made, including that are private and secure. Ideally, clinical treatment
complete names, addresses and telephone numbers or and medico-legal examinations should be provided at

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