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Analysis of the Istanbul Protocol in terms of its effectiveness and medical documentation [2018]

Analysis of the Istanbul Protocol in terms of its effectiveness and medical documentation

In order to determine the impact of the Istanbul Protocol on medical evidence and documentation, all decisions of the European Court of Human Rights (ECHR) evaluating Article 3 violations concerning Turkey between 2012 and 2016 were retrospectively examined. In forensic reports, the following are considered deficiencies: failure to provide information about the incident and the time of the incident, failure to establish a causal link between the findings and the allegations of ill-treatment, failure to record the complaints of the person examined, failure to conduct a psychiatric examination, and failure to provide commentary. The IP and its principles are taken into account not only in terms of establishing evidence in torture allegations but also in terms of discussing the evidence.

This study was presented as an oral presentation at the 15th Forensic Sciences Congress held on April 12-15, 2018.