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Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 16
- Paragraph text
- It should be noted that the above-mentioned principles govern the use of force, not only in extra-custodial settings, but also where riots, unrest or other violent incidents occur within places of detention. 20 Depending on the circumstances, they may also be relevant in determining the permissibility of invasive health and security procedures, such as the taking of bodily samples or a strip search. 21 In their relations with persons deprived of their liberty, law enforcement officials may not use force, except when strictly necessary for the maintenance of security and order within the institution or when personal safety is threatened, and they may not use firearms, except in self-defence or in the defence of others against the immediate threat of death or serious injury or when strictly necessary to prevent the escape of an inmate presenting a threat of death or serious injury.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 51
- Paragraph text
- The revision of the Rules offers a good opportunity to insist on the obligation of authorities to ensure free, fair and transparent access to a facility's medical services by providing a sufficient number of qualified, independent physicians in all facilities. The Rules should insist on the obligation to guarantee the availability of prompt, impartial, adequate and consensual medical and psychological examination upon the admission of each detainee. Medical examinations should also be provided when an inmate is taken out of the place of detention for any investigative activity, upon transfer or release and in response to allegations or suspicion of torture or other ill-treatment. Likewise, medical examinations must take place if a victim makes a complaint or upon his or her lawyer's motion, subject to judicial review in the event of delay or refusal. It is essential that medical examinations be conducted in a setting that is free of any surveillance and in full confidentiality, except for when the presence of prison staff is requested by the medical personnel. Health personnel must be free from any interference, pressure, intimidation or orders from detention authorities.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 29
- Paragraph text
- According to medical ethical standards, health professionals have the obligation not to participate actively or passively in torture or other ill-treatment. No obligation to a third party can override the duty to protect the individual from torture or other ill-treatment and to report such cases. The World Medical Association has held that health professionals should be made aware of their ethical obligations, including the need to report torture and other ill-treatment, to maintain confidentiality and to seek the consent of victims prior to examination. Victims must be fully informed, in words they can understand, about the risks and benefits of reporting allegations of torture and other ill-treatment to the relevant authorities and consent to it. The Association has consistently reiterated its policy on the responsibility of physicians to denounce acts of torture or cruel, inhuman or degrading treatment or punishment of which they are aware. It urges national medical associations to speak out in support of these fundamental principles of medical ethics and to investigate any breach of these principles by their members.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 6e
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Safeguard free and informed consent on an equal basis for all individuals without any exception, through legal framework and judicial and administrative mechanisms, including through policies and practices to protect against abuses. Any legal provisions to the contrary, such as provisions allowing confinement or compulsory treatment in mental health settings, including through guardianship and other substituted decision-making, must be revised. Adopt policies and protocols that uphold autonomy, self-determination and human dignity. Ensure that information on health is fully available, acceptable, accessible and of good quality; and that it is imparted and comprehended by means of supportive and protective measures such as a wide range of community-based services and supports (A/64/272, para. 93). Instances of treatment without informed consent should be investigated; redress to victims of such treatment should be provided;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 73
- Paragraph text
- A particular form of ill-treatment and possibly torture of drug users is the denial of opiate substitution treatment, including as a way of eliciting criminal confessions through inducing painful withdrawal symptoms (A/HRC/10/44 and Corr.1, para. 57). The denial of methadone treatment in custodial settings has been declared to be a violation of the right to be free from torture and ill-treatment in certain circumstances (ibid., para. 71). Similar reasoning should apply to the non-custodial context, particularly in instances where Governments impose a complete ban on substitution treatment and harm reduction measures. The common practice of withholding anti-retroviral treatment from HIV-positive people who use drugs, on the assumption that they will not be capable of adhering to treatment, amounts to cruel and inhuman treatment, given the physical and psychological suffering as the disease progresses; it also constitutes abusive treatment based on unjustified discrimination solely related to health status.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 42
- Paragraph text
- Compulsory treatment programmes that consist primarily of physical disciplinary exercises, often including military-style drills, disregard medical evidence (A/65/255, paras. 31, 34). According to the World Health Organization (WHO) and the United Nations Office on Drugs and Crime (UNODC), "neither detention nor forced labour have been recognized by science as treatment for drug use disorders". Such detention - frequently without medical evaluation, judicial review or right of appeal - offers no evidence-based or effective treatment. Detention and forced labour programmes therefore violate international human rights law and are illegitimate substitutes for evidence-based measures, such as substitution therapy, psychological interventions and other forms of treatment given with full, informed consent (A/65/255, para. 31). The evidence shows that this arbitrary and unjustified detention is frequently accompanied by - and is the setting for - egregious physical and mental abuse.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 54
- Paragraph text
- In principle, the current trend towards replacing firearms with “less lethal” incapacitating weapons is positive in that it promotes a differentiated use of force and aims to minimize harm. At the same time, the widespread availability of incapacitating weapons also tends to lower the threshold for the use of force and entails a significant risk of “overuse” in situations in which the desired purpose could reasonably have been achieved through less coercive, less dangerous and less harmful means. Moreover, although “less lethal” weapons are designed to incapacitate while avoiding lethal outcomes, they are also specifically designed to inflict pain or suffering as a means of repelling or otherwise coercing the targeted persons. For example, several bodies and specialized organizations have specifically highlighted the risk of cruel, inhuman or degrading treatment or punishment associated with the extra-custodial use of electrical discharge weapons delivering electric shocks through projectiles (for example, tasers), or upon direct physical contact (for example, batons, shields or helmets).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72h
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Adopt transparent and accessible legal gender recognition procedures and abolish requirements for sterilization and other harmful procedures as preconditions;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 74d
- Paragraph text
- [Recommendations regarding promoting medical documentation and the application of the Istanbul Protocol as a standard:] Allocate sufficient budgetary and technical resources to the "investigative authority";
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 74b
- Paragraph text
- [Recommendations regarding promoting medical documentation and the application of the Istanbul Protocol as a standard:] Establish an "investigative authority" with guarantees of independence, efficiency and effectiveness and with powers to investigate sua sponte allegations of torture in accordance with the Istanbul Protocol;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 73g
- Paragraph text
- [Recommendations regarding judicial recognition and evaluation of forensic evidence in cases involving torture:] Institute safeguards and mechanisms to enable health professionals to report allegations and evidence of torture and other ill-treatment in an environment free from any harassment, intimidation or retaliation and in a manner compliant with their duties of confidentiality.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 73e
- Paragraph text
- [Recommendations regarding judicial recognition and evaluation of forensic evidence in cases involving torture:] Encourage independent health experts to review State examinations and to conduct their own independent assessments;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 70
- Paragraph text
- Recommendation regarding cases of sexual assaults: Ensure that in cases of alleged sexual assault showing no or limited physical evidence, because of passage of time or other reasons, a comprehensive physical and mental health evaluation should still be performed with special attention to behavioural and psychological evidence (see FCO sexual violence protocol).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 69h
- Paragraph text
- [Recommendations regarding safeguard for effective medical evaluations of alleged torture and other ill-treatment in detention:] Prohibit the transfer of medical reports to law enforcement officials except by order of and under the supervision of a judge and with the consent of the victim;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 53
- Paragraph text
- Prosecutors and courts should not be limited to evaluating reports from officially accredited experts, irrespective of their institutional affiliation. Criminal procedure must ensure that reports of a non-government health professional may be accepted as evidence of torture or other ill-treatment in Court. In addition, non-State health experts should be encouraged to review State examinations and to conduct their own independent assessments; these assessments should be given the weight they deserve on their merits. Courts should neither rule out non-State experts nor award State expert testimony more weight based solely on their "official" status. Regarding required expertise, it must be determined on its merits. In that regard, independence and objectivity are a primary concern. The State will usually have more resources and be in a privileged position to examine victims. Those facts must be considered alongside the degree of independence and impartiality such experts enjoy, as well as the obstacles that non-State experts might face in gaining access to and procuring evidence. The presumption must be that the State has to account for its own action or inaction and its inability to protect the rights of persons in custody. It is the State's obligation to rebut allegations, and to show that it has conducted truly effective investigations.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 50
- Paragraph text
- In addition, criterion for considering an expert opinion as evidence is that the person providing the opinion is in fact an expert. If the author is accepted as an expert, the probative value of the opinion will depend on the degree of certainty that the court attaches to the opinion in comparison to the existence of supporting or conflicting expert opinions. The process of analysis and the conclusions must be clear and logical and the expert must possess certain qualifications ensuring the rendering of an informed and reasoned conclusion. As a legal principle, an expert report on torture, its relevance and reliability should be weighed and assessed in the same manner as any other evidence. Where the expertise of a witness is not in doubt, there must be clear grounds for rejecting the expert's testimony or report. However, an expert's opinion is only as relevant and reliable as the circumstances surrounding its development and the information upon which it is based. For instance, if the underlying medical and psychological documentation on which the expert's opinion is based do not appear credible, the expert's report may be given no weight. Therefore, objective supporting evidence (for example, X-rays) can be crucial in determining the reliability of the expert opinion. If an expert report is available it must be taken into account and, if rejected, reasons must be given.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 49
- Paragraph text
- Regarding the probative value of documentary evidence, a judicial body typically examines its relevance and reliability. Once a minimum threshold of expertise is established, the expert testimony is admissible and the Court will assess whether the evidence is persuasive. The European Court of Human Rights has specifically focused on the promptness of the examination, its level of detail, and whether it could be relied on as being collected independently. This entails the promptness and the surrounding circumstances of the examination, free access to medical records, and no interference by police or other State officials with the work or the independence of the medical examiner. The Special Rapporteur notes that it is the exception that victims are examined shortly after the torture actually happened. More commonly, while the victim is in custody, the State often is the only one in a position to undertake examinations and in these circumstances, examinations are frequently conducted that are neither independent nor impartial or victims are examined only after alleged victims manage to get released from detention and some even flee the country, in which case the lesions have healed, leaving no scars or only a few. Therefore, it is important for the courts to consider in assessing the reliability and relevance of documentary evidence the circumstances in which procurement of that evidence may have been affected or delayed.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 23
- Paragraph text
- The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment has held that, for an investigation to be "effective", it must be prompt, impartial, independent and thorough (comprehensive). Since 1999, the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) has become a crucial instrument and important source for investigating allegation of torture and other ill-treatment, as it both reflects existing obligations of States under international treaty and customary international law and sets out specific guidelines on how effective legal and medical investigations into allegations of torture and other ill-treatment should be conducted. It is the first set of international standards and guidelines for health and legal professionals on how to recognize and document symptoms of torture for use as evidence in court cases. The Protocol provides for verification of allegations of torture and other ill-treatment. It also contains a series of "Istanbul Principles" that contain minimum standards for State adherence to ensure effective investigation and documentation of torture and other ill-treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 7c
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Develop and integrate palliative care into the public health system by including it in all national health plans and policies, curricula and training programmes and developing the necessary standards, guidelines and clinical protocols.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 6b
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Promote accountability for torture and ill-treatment in health-care settings by identifying laws, policies and practices that lead to abuse; and enable national preventive mechanisms to systematically monitor, receive complaints and initiate prosecutions;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 4
- Paragraph text
- system inadequacies, lack of resources or services will not justify ill-treatment. Although resource constraints may justify only partial fulfilment of some aspects of the right to health, a State cannot justify its non-compliance with core obligations, such as the absolute prohibition of torture, under any circumstances.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 19
- Paragraph text
- The application of the criteria of severe pain or suffering, intent, and involvement of a public official or other person acting in an official capacity, by consent or acquiescence to abuses in health-care settings, is relatively straightforward. The criterion of the specific purpose warrants some analysis.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 77
- Paragraph text
- Death by stoning or gas asphyxiation is already clearly prohibited under international law. Furthermore, there is no categorical evidence that any method in use today can be said to comply with the prohibition of torture and cruel, inhuman or degrading treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 97
- Paragraph text
- There shall be no limitations imposed on the request or complaint, such as requiring evidence of both mental or emotional suffering and physical suffering. Prison officials have an obligation to address all requests or complaints promptly, informing the detained person of the outcome. All internal administrative findings must be subject to external appeal through judicial processes.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 70
- Paragraph text
- Because of the absence of witnesses, solitary confinement increases the risk of acts of torture and other cruel, inhuman or degrading treatment or punishment. Given its severe adverse health effects, the use of solitary confinement itself can amount to acts prohibited by article 7 of the International Covenant on Civil and Political Rights, torture as defined in article 1 of the Convention against Torture or cruel, inhuman or degrading punishment as defined in article 16 of the Convention.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 63
- Paragraph text
- Some individuals experience discrete symptoms while others experience a "severe exacerbation of a previously existing mental condition or the appearance of a mental illness where none had been observed before". Still, a significant number of individuals will experience serious health problems regardless of the specific conditions, regardless of time and place, and regardless of pre-existing personal factors.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72f
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Effectively monitor and regulate practices by public and private actors in health-care and educational settings to ensure the eradication of prohibited practices including, inter alia, the denial of maternal health care and compulsory medical examinations such as forced pregnancy and virginity testing, and investigate, prosecute and punish perpetrators;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 68
- Paragraph text
- The Special Rapporteur calls upon all States to implement safeguards to protect persons within their jurisdiction extraterritorially from torture and other ill-treatment. Such safeguards include, but are not limited to, the rights to independent legal and medical assistance; notification of detention and communication with the outside world; and to challenge the arbitrariness or lawfulness of detention and obtain remedies without delay.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 65
- Paragraph text
- The quality of medical and forensic reports needs to be improved and courts should enhance the admissibility of independent and impartial medical evidence in any proceedings, in order to investigate allegations of torture or other ill-treatment effectively. In addition, courts should never admit extrajudicial confessions that are not corroborated by other evidence, or that have been recanted.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 73d
- Paragraph text
- [Recommendations regarding judicial recognition and evaluation of forensic evidence in cases involving torture:] Ensure that rules of evidence provide for the admission of medical and psychological reports of independent health practitioners into evidence in criminal, civil and administrative cases and that such reports are evaluated on their merits and assigned persuasive weight in that measure;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph