Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition Access to a medical doctor The right to receive a medical examination by an independent medical doctor – and, if possible, a doctor of the person’s own choice – also helps reduce a culture of secrecy from developing in places of detention. The relationship between health professionals and detainees must be based on the same ethical and professional standards as those applicable to patients in the community. A medical examination can establish the physical condition of the person at the time of their arrest or detention. This can be a significant deterrent against torture and can also help to detect signs of torture or ill-treatment. Any indications of ill-treatment should be documented and reported to the competent authorities, while ensuring that the detainee or associated persons are not exposed to harm. The medical examination can also establish if the person suffers from any health problems that might be aggravated by detention. Women should be able to request a female doctor or nurse for examination or treatment. As well as a comprehensive assessment of gender-specific healthcare needs, medical screenings should determine any sexual abuse or other violence prior to or within detention.70 Where this is found, women should be provided with information and assistance in seeking legal recourse. The results of the medical examination should be formally recorded by the detaining authorities and also be made available to the person and their lawyer. Appearing before a judge Anyone who is arrested should be brought promptly before a judge.71 The judge should ensure that the person’s arrest and detention are legal. The judge will also be able to inquire into the treatment they received in custody and investigate any complaint that the person may raise. Even in the absence of a formal complaint, the judge should be able to take action ex officio if there are visible injuries or other indications that torture or ill-treatment may have occurred. 3.2. Other detention procedures The following detention procedures focus specifically on the deprivation of liberty by police officials. They set out recommended best practices by international and regional mechanisms. In 2006, the Asia Pacific Forum of National Human Rights Institutions adopted detailed procedural standards on interrogation – the Minimum Interrogation Standards – developed by its Advisory Council of Jurists. Registers Maintaining official registers provides a crucial safeguard for detainees. They are an important tool for recording the location of each person throughout the period of their detention, as well as making sure that proper detention procedures are followed. Registers should be kept rigorously in all places of detention and police stations, as part of a harmonised system.72 The registers should be readily accessible to all concerned parties.73 Gaps and inconsistencies in register entries can alert monitoring teams to potential risks for torture or ill-treatment. Separating interviews and custody Interviewing and custody should be the responsibility of different bodies. Different agencies have different priorities, different areas of expertise and different chains of commands. The involvement of 50 70 Medical screenings should not involve virginity tests, which represent a gross form of discrimination and custodial violence against women and should be explicitly prohibited. See, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, to the Human Rights Council (15 January 2008) (A/HRC/7/3), para. 34. 71 Human Rights Committee states, General comment No. 35 72 See, for example the UN Subcommittee on Prevention of Torture’s reports to states parties on its visits to Niger from 29 January to 4 February 2017 (2020) (CAT/OP/NER/1), para. 63; and to Kazakhstan from 20 to 29 September 2016 (2019) (CAT/OP/KAZ/1), para. 52. 73 Human Rights Committee, General comment No. 20, para. 11.