Commentary This right to a medical examination after interrogation is a corollary of the right to require a medical examination before interrogation. The medical examination should be by a person trained to conduct such examinations. Such examinations also provide protection against false allegations of torture or other ill-treatment while being interrogated. 27. Appropriate penalties should exist (including the inadmissibility of evidence) and be enforced for any breach of these standards. Commentary It follows from the fact that torture and cruel, inhuman and degrading treatment or punishment is prohibited by customary international law that appropriate measures be taken to stop torture and related ill-treatment and appropriate redress be given to victims. Measures required involve criminalising the conduct, conducting adequate investigations and providing reparation to victims.48 Statements made as a result of torture or other ill-treatment should be excluded from any proceedings.49 These principles are also contained in various treaties. It is a requirement of CAT (Article 4) that acts of torture be criminalised and punishable by appropriate penalties. Article 16 of CAT requires states to prevent, in their jurisdiction, other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture when they are committed by public officials. Article 11 of CAT requires each state party to keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements and treatment for persons in detention, with a view to preventing cases of torture. 48 For a more detailed discussion on this issue, please refer to the Advisory Council of Jurists Reference on Torture: Final Report at 118 - 127. 49 For a more detailed discussion on this issue, please refer to Advisory Council of Jurists Reference on Torture: Final Report at 115 – 117. 64

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