A/RES/55/89
medical expert and outside the presence of security agents and other government
officials.
(b) The medical expert shall promptly prepare an accurate written report,
which shall include at least the following:
(i) Circumstances of the interview: name of the subject and name and
affiliation of those present at the examination; exact time and date; location,
nature and address of the institution (including, where appropriate, the room)
where the examination is being conducted (e.g., detention centre, clinic or
house); circumstances of the subject at the time of the examination (e.g.,
nature of any restraints on arrival or during the examination, presence of
security forces during the examination, demeanour of those accompanying the
prisoner or threatening statements to the examiner); and any other relevant
factors;
(ii) History: detailed record of the subject’s story as given during the
interview, including alleged methods of torture or ill-treatment, times when
torture or ill-treatment is alleged to have occurred and all complaints of
physical and psychological symptoms;
(iii) Physical and psychological examination: record of all physical and
psychological findings on clinical examination, including appropriate
diagnostic tests and, where possible, colour photographs of all injuries;
(iv) Opinion: interpretation as to the probable relationship of the physical and
psychological findings to possible torture or ill-treatment. A recommendation
for any necessary medical and psychological treatment and/or further
examination shall be given;
(v) Authorship: the report shall clearly identify those carrying out the
examination and shall be signed.
(c) The report shall be confidential and communicated to the subject or his
or her nominated representative. The views of the subject and his or her
representative about the examination process shall be solicited and recorded in the
report. It shall also be provided in writing, where appropriate, to the authority
responsible for investigating the allegation of torture or ill-treatment. It is the
responsibility of the State to ensure that it is delivered securely to these persons. The
report shall not be made available to any other person, except with the consent of
the subject or on the authorization of a court empowered to enforce such a transfer.
7
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