Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 19
Paragraph- Paragraph text
- All States have a clear obligation to investigate acts of torture and other cruel, inhuman or degrading treatment or punishment (other ill-treatment). This is one obligation in the much broader legal framework of the fight against torture, including prevention, accountability and redress. Forensic science has a key role to play regarding the obligation of States to investigate and prosecute allegations of torture or other ill-treatment, especially with regard to individual responsibility and the fight against impunity. Effective medical and forensic documentation can bring evidence of torture and other ill-treatment to light so that perpetrators may be held accountable. Forensic specialists provide expert analysis of whether there is a correlation between the medical evidence and the allegations and can provide the evidentiary basis on which prosecutions can successfully be brought against those directly responsible and their superiors. Medical records can be instrumental in overcoming the otherwise lack of objective evidence with which survivors of torture are so commonly confronted, given that torture mostly takes place without witnesses. The work of a forensic scientist is germane to the efforts to address impunity for acts of torture, as the expert opinion forms the evidential basis for prosecution of allegations of torture. Similarly, the corroborative effect of this professional opinion, and its role in assessing the overall credibility of alleged victims, provides a stronger basis for prosecutions. This does not only increase the chance of a successive prosecution; but also enhances the possibility to receive immediate medical and other assistance and, in the longer term, other forms of redress and reparation. Similarly, scientific evidence may help in assessing whether incriminating statements were made under torture and should therefore be excluded at trial, and assist States to fulfil their obligations towards non-refoulement, reparations and rehabilitation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Other
- Paragraph number
- 19
sorted by
Date added
78 relationships, 78 entities