Independent forensic medical examination as a mean of proving the facts of a torture usage

• Published in: Wiadomości lekarskie (1960) Vol. 72; no. 12 cz 2; p. 2596
• Main Authors: Tatsiy, Vasyl Y, Zhuravel, Vladimir A, Avdeeva, Galina K
• Format: Journal Article
• Language: English
• Published: Poland 2019
• Subjects: Crime; Human Rights; Humans; Physical Examination; Punishment; Torture; medical standard; medical documentation of torture; independent forensic medical examination; bodily harm
• ISSN: 0043-5147

Introduction: In most countries detainees are often subjected to physical and mental abuse by law enforcement officials, but very rarely victims of torture can prove the guilt of these offenders due to the poor quality of findings of state forensic medical and forensic psychiatric experts and due to inconsistency of their findings with international guidelines (Istanbul Protocol). The aim: To determine the role of forensic medical examination in the investigation of torture crimes, to provide arguments for necessity to security of the victim's right to collect evidence independently, including through using of special knowledge of independent forensic medical and forensic psychiatric experts in criminal proceedings. Materials and methods: The authors used the European Court of Human Rights (ECHR) Decisions on the complaints of the victims' torture, international and Ukrainian human rights legal acts, the results of numerous torture investigations conducted by medical and criminalistics scientists. The research is carried out on the basis of a harmonious combination of philosophical approaches, general and special scientific methods. Conclusions: In order to exercise the rights of victims of torture in accordance with the Convention on Human Rights and Fundamental Freedoms, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and according to other international and Ukrainian legal acts on human rights the arguments given for the need to enable the victim to engage independent forensic medical and forensic psychiatric experts to provide their conclusions in torture-related criminal proceedings.