44
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ineffective, or as a step taken by private interests that depends upon the initiative of victims or their
200
families or upon the offer of proof by private parties.
207.
In cases of rape at the hands of security agents, the Inter-American Court has ruled that
the investigation must be carried out with resolve and effectiveness, in consideration of society’s duty of
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rejecting violence against women.
208.
The Inter-American Court has said that when a complaint has been filed or when there
are sufficient reasons to believe that an act of torture has been committed, the State has the obligation to
immediately initiate, ex officio, an effective investigation to identify, prosecute, and punish the
perpetrators, in accordance with the general obligation of ensuring all persons under its jurisdiction the
human rights enshrined in the Convention, as set out in Article 1.1 thereof, in conjunction with the right to
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humane treatment.
209.
The United Nations Commission on Human Rights has defined a series of principles to
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be taken into account by medical practitioners in investigating torture allegations. The “accurate written
report” to be prepared promptly by the medical expert is to include, at the least, the following information:
(i)
Circumstances of the interview: name of the subject and affiliation of those present at the
examination; the exact time and date; the location, nature and address of the institution
(including, where appropriate, the room) where the examination is being conducted (e.g.
detention centre, clinic, house, etc.); the 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,
threatening statements to the examiner, etc.); and any other relevant factor.
(ii)
History: a detailed record of the subject’s story as given during the interview, including
alleged methods of torture or ill-treatment, the times when torture or ill-treatment is alleged
to have occurred and all complaints of physical and psychological symptoms.
(iii)
Physical and psychological examination: a record of all physical and psychological
findings on clinical examination including appropriate diagnostic tests and, where possible,
colour photographs of all injuries.
(iv)
Opinion: an 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.
(v)
Authorship: the report should clearly identify those carrying out the examination and
should be signed.
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I/A Court H. R., Velásquez Rodríguez Case, Judgment of July 29, 1988, Series C No. 4, para. 177; Case of Cantoral
Huamaní and García Santa Cruz, Preliminary Objection, Merits, Reparations, and Costs, Judgment of July 10, 2007, Series C No.
167, para. 131; and Case of Zambrano Vélez et al., Merits, Reparations, and Costs, Judgment of July 4, 2007, Series C No. 166,
para. 120.
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I/A Court H. R., Velásquez Rodríguez Case, Judgment of July 29, 1988, Series C No. 4, para. 177; and Case of
Zambrano Vélez et al., Merits, Reparations, and Costs, Judgment of July 4, 2007, Series C No. 166, para. 120.
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I/A Court H. R., Case of Rosendo Cantú et al. v. Mexico, Preliminary Objection, Merits, Reparations, and Costs,
Judgment of August 31, 2010, Series C No. 216, para. 177; and Case of Fernández Ortega et al. v. Mexico, Merits, Reparations,
and Costs, Judgment of August 30, 2010, Series C No. 215, para. 193.
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I/A Court H. R., Case of Baldeón García, Merits, Reparations, and Costs, Judgment of April 6, 2006, Series C No. 147,
para. 156; Case of Gutiérrez Soler, Merits, Reparations, and Costs, Judgment of September 12, 2005, Series C No. 132, para. 54;
Case of Tibi, Judgment of September 7, 2004, Series C No. 114, para. 159; and Case of Ximenes Lopes, Merits, Reparations, and
Costs, Judgment of July 4, 2006, Series C No. 149, para. 148. See also: ECHR, Assenov and others v. Bulgaria, No.
90/1997/874/1086, Judgment of October 28, 1998, paragraph. 102; and ECHR, Ilhan v. Turkey [GC], No. 22277/93, Judgment of
June 27, 2000, paras. 89-93.
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United Nations, Torture and other cruel, inhuman or degrading treatment or punishment, “Principles on the effective
investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment,” Annex,
E/CN.4/RES/2000/43, April 20, 2000.