A/HRC/52/30 31. Deficient investigations in terms of quality, capacity and application of torturespecific medical and forensic documentation and investigation interfere with justice. The Istanbul Protocol, the standard guide for documentation and investigation of torture, is being used routinely by clinical experts in torture cases. It has been reported, however, that most States have not adopted or endorsed it officially, meaning that public authorities lack clear and authoritative direction on how to document and investigate torture. In many countries, State agencies hold a monopoly on the production of medical evidence in torture cases, while evidence produced by private medical practitioners or non-State experts is not widely considered by the prosecution and may not always be admitted into proceedings41 In addition, it has been reported that there is a lack of prosecutorial and judicial expertise in assessing the reliability of evidence of torture.42 When death results from torture, autopsies may be limited to the cause of death (for example, heart attack, dehydration or blunt force trauma) and may fail to document injuries caused by torture. How to establish, document and evaluate psychological torture remains one of the most complicated aspects of both the investigation and trial phases. It has been reported that records produced under the Istanbul Protocol have been dismissed by courts on immaterial (form) grounds. 32. Delays at all stages of proceedings have been widely reported, including delayed disclosure of an incident or in filing and investigating complaints, which complicates the collection of reliable evidence. Furthermore, inadequate or loose guidance as to time frames, such as “reasonable delays”, results in discretionary (lack of) action and inconsistent standards. 33. Biased investigations lacking the requisite arms’ length, independence and rigor to push investigations and prosecutions forward were cited as key challenges. Secret or closed investigations and prosecutions that fall short of transparency and accountability standards were also reported, along with many incidents of evidence tampering and witness intimidation. 34. Lack of special accommodation for vulnerable victims also hinders investigations. Regrettably, it was not possible to address the full scope of the experiences of such victims in the present report, although the Special Rapporteur has attempted to mention their particular circumstances at relevant points (see sect. E below). 35. Lack of independence in the wider administration of justice, including prosecutors and judges, corruption and coercion of witnesses and lack of rule of law, also permeate torture trials. Judicial retaliation, in which prosecutors and judges are complicit in sham trials against accusers and victims in order to dissuade them from pursuing their complaints, is among the most extreme and yet common forms of intimidation. D. Criminalizing torture 36. Research undertaken by the Special Rapporteur into national criminal legislation for the present report points to a trajectory towards the adoption of torture as an autonomous crime in a majority of countries worldwide. 43 The research carried out by the Special Rapporteur shows that legislative practice in at least 31 States in Africa,44 11 Arab States,45 41 42 43 44 45 8 Submission by the International Rehabilitation Council for Torture Victims. Submission by The Rights Practice. All efforts have been made to ensure that legislation referred to in the report is up to date. Any errors or changes can be communicated to the Special Rapporteur. Algeria, Angola, Benin, Burkina Faso, Burundi, Cabo Verde, Cameroon, Central African Republic, Chad, Democratic Republic of Congo, Djibouti, Egypt, Equatorial Guinea, Ethiopia, Gabon, Kenya, Libya, Madagascar, Mali, Mauritania, Mauritius, Morocco, Mozambique, Nigeria, Rwanda, São Tomé and Principe, Senegal, South Africa, Tunisia, Togo and Uganda. Bahrain, Iraq, Jordan, Kuwait, Lebanon, Qatar, Saudi Arabia, Syrian Arab Republic, United Arab Emirates, Yemen and State of Palestine. GE.23-03126