A/HRC/40/59/Add.1 16. As a consequence, routine medical examinations do not meet the requirements of adequate and reliable forensic examinations and the resulting medical reports fall short of internationally recognized standards as reflected in the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol). 17. In order to address this shortcoming, systematic training programmes on the Istanbul Protocol should be implemented for all health professionals who may be called to examine persons deprived of their liberty, as well as lawyers, prosecutors and judges who may be involved in relevant judicial cases, so as to strengthen their understanding of the potential and limitations of medical examinations in the identification and documentation of torture and other forms of ill-treatment. B. Allegations of torture and ill-treatment 18. The Special Rapporteur welcomes the commitment shown by all officials of the judicial and executive branches of the State to the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment. 19. The Special Rapporteur is also pleased to report that, as far as penitentiaries and remand prisons under the authority of the Ministry of Justice are concerned, he did not receive any complaints of ill-treatment except for a few isolated allegations of excessive use of force in disciplinary situations. 20. The Special Rapporteur notes with grave concern, however, that he received numerous and consistent allegations of torture and ill-treatment at the hands of the police, most notably as a means of coercing confessions out of individuals during interrogation in police custody. Detainees reported being slapped and beaten with fists and truncheons, kicked and threatened with firearms. 21. In the same context, the Special Rapporteur’s team also received several allegations of detainees having been forced to sign confessions which they had been unable to read, sometimes not only for the crime they had been arrested for, but for several additional offences that had remained unresolved, but to which they reportedly had no connection whatsoever. Based on the confessions, they alleged they had been offered plea bargains which would allow them to avoid deprivation of liberty through the confirmation of their confession and payment of a monetary fine. 22. According to the allegations received, when detainees reported such ill-treatment and the resulting injuries to a judge or prosecutor, the police would generally argue that they had acted in self-defence and be given the benefit of the doubt without any forensic examination, thus leaving victims of abuse without effective remedy. 23. Based on interviews conducted with health professionals at penitentiaries and remand prisons, and based on his own analysis of individual medical records, the forensic expert accompanying the mission of the Special Rapporteur was able to confirm trauma injuries consistent with the allegations received that were unlikely to have occurred in situations of self-defence. Having collected and evaluated these elements to the best of his ability and judgment, the Special Rapporteur must therefore conclude that there are credible indications of frequent torture and other cruel, inhuman or degrading treatment or punishment occurring in police custody in Serbia, in conjunction with the absence of effective independent oversight and with insufficient expertise on the part of medical personnel in the investigation, interpretation and documentation of the signs of torture and ill-treatment. 24. In order to correct this alarming situation and prevent impunity for any and all forms of ill-treatment on the part of the police, the Special Rapporteur urges the Serbian authorities to ensure that there are fully independent, expedient and effective complaints, oversight and investigative mechanisms, and that systematic medical examinations by independent medical personnel trained in the effective investigation, interpretation and documentation of the signs of torture and ill-treatment are assured. 5

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