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

the same time to reduce the number of procedures a out in accordance with the Istanbul Protocol and
victim must undergo. A psychological appraisal of the its Principles, including on account of concerns that
alleged torture victim is always necessary and may be the status of the clinical evaluator as a government
part of the physical examination or, in situations in employee might have influenced the evaluation, the
which there are no physical signs, may be carried out investigator should arrange for a second clinical
as a psychological assessment only (see chap. VI for a evaluation by a competent, independent health
description of the clinical evaluation of psychological professional. The investigator should respect the
evidence). In situations in which a person is alleged to right of alleged victims of torture or ill-treatment
have died as a result of torture or ill-treatment, or after and their family members to request an independent
having been subjected to such abuse, the investigator clinical evaluation and report at any time. 369
shall arrange for an autopsy to be carried out in In situations in which an earlier evaluation was
accordance with recognized international standards. 367 conducted without complying with these standards,
a clinical evaluator should approach a possible
230. The Istanbul Principles indicate that clinicians second examination with additional care and put in
should provide an “interpretation as to the probable place mitigation measures concerning duplication
relationship of the physical and psychological findings risks, including retraumatization and inconsistencies
to possible torture or ill-treatment”. 368 In their from second interviews. Clinical evaluations by
interpretation of findings, clinicians should assess the foreign experts should be allowed with the consent
level of consistency between physical and psychological or upon the request of alleged victims or their family
findings and the allegations of torture or ill-treatment. members if the alleged victims are not in a position
Additional guidance on the interpretation of physical to provide their consent or make such a request.
and psychological evidence of torture and ill-treatment
is provided in chapters IV, V and VI (see paras. 379– (d) Digital evidence and digital open source
381, 417–423 and 540–545) and annexes I and IV. If investigations
the clinician considers that there are clinical reasons
for an inconsistent finding, this should be discussed 232. The investigator must seek to secure any probative
(see paras. 268, 342–353 and 386 below). The information that is stored on, received or transmitted
Istanbul Principles also require clinicians to provide by an electronic device. Digital evidence may in
a clinical opinion on the overall possibility of torture particular be acquired when electronic devices, such
or ill-treatment. In formulating a clinical opinion on as computers and mobile phones, are seized and by
the possibility of torture or ill-treatment, clinicians browsing the Internet for open source information.
should consider all relevant clinical evidence, including If digital evidence is retrieved from seized electronic
“physical and psychological findings, historical devices, such devices need to be preserved as physical
information, photographic findings, diagnostic test evidence and the digital expert who extracted the
results, knowledge of regional practices of torture, data should prepare a report or affidavit that can be
consultation reports etc.”, as stated in annex IV. In used in court. Digital evidence includes: (a) electronic
addition to providing a conclusion on the possibility health records; (b) videos recorded by closed-circuit
of torture or ill-treatment, clinicians should reiterate cameras; (c) pictures and videos, for instance of sites
current symptoms and disabilities and likely effects on of violations and physical injuries, taken with mobile
social functioning and provide any recommendations devices, such as digital cameras or smartphones; (d)
for further evaluations and care for the individual. pictures, videos or other information posted on social
media; (e) information stored on computer hard drives
231. The investigator should ensure that any clinical and other peripheral equipment, such as memory
evaluation is of the highest standard and in accordance cards, USB drives and CD-ROMs; (f) emails, texts
with the Istanbul Protocol and its Principles to avoid and instant messages; (g) aerial photos and satellite
the need for a second clinical evaluation. In situations imagery, for instance of a secret detention centre or
in which a clinical evaluation previously carried other site of violation; (h) location information stored
out or arranged by the investigator was not carried on a cell phone or social media; and (i) metadata,

367 The Minnesota Protocol on the Investigation of Potentially Unlawful Death: the Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions (United Nations publication, 2017).
368 General Assembly resolution 55/89, annex, para. 6 (b) (iv).
369 A/69/387, para. 39; and Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 25.

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