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51-686: The original version of the Protocol, from 1991, was entitled the Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions . It was designed to support the implementation of the UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, which were endorsed by the United Nations in 1989. The Manual became known as

102-625: A High Commissioner with the rank of Under-Secretary-General . The United Nations High Commissioner for Human Rights, accountable to the Secretary-General , is responsible for all the activities of the OHCHR, as well as for its administration, and carries out the functions specifically assigned to him or her by the UN General Assembly in its resolution 48/141 of 20 December 1993 and subsequent resolutions of policy-making bodies. He or she advises

153-573: A comprehensive, effective, prompt and impartial manner . The Istanbul Protocol is a tool for doing this. The Istanbul Protocol was drafted by more than 75 experts in law, health and human rights during three years of collective effort. While the extensive work was initiated and coordinated by the Human Rights Foundation of Turkey (HRFT) and the Physicians for Human Rights USA (PHR USA), it involved more than 40 different organisations, such as

204-464: A death or where it is alleged or suspected that the State caused a death (for example, where law enforcement officers used force that may have contributed to the death) or where the State has failed to exercise due diligence to prevent a death at the hands of a third party. In all cases outside the conduct of hostilities in an armed conflict, this duty exists regardless of whether it is suspected or alleged that

255-426: A great deal of detail attesting both to the importance of, and practical guidance for, the identification of human remains. Particular guidance is offered on the techniques for collecting and sampling different types of evidence, including the following: Investigation of potentially unlawful deaths will almost always be aided by the conduct of an autopsy . In a section setting out the general principles of an autopsy

306-529: A judicial proceeding. But all relevant materials or observations should be secured and logged. The Protocol establishes that a set of operational and tactical processes for the investigation should also be designed. These should seek to establish significant facts, preserve relevant material and lead to the identification of all the parties involved, including by managing the following: Particular sections are dedicated to processes for interviewing witnesses and for recovering human remains. The Protocol then provides

357-406: A post-operation assessment should be conducted to establish the facts, including the accuracy of the targeting. More broadly, the Protocol also highlights that the State also has a duty to investigate all potentially unlawful death caused by private individuals, even if the State cannot be held responsible for failing to prevent such deaths. The Protocol also establishes standards for what it calls

408-616: A process of consulting relevant experts and, in collaboration with OHCHR and UNODC, bringing together a large group that would ultimately participate in the revision of the Minnesota Protocol. In 2015, in his report to the General Assembly, he noted that ‘[t]he extent of the continued reliance on the Manual in international jurisprudence and by national legal entities emphasizes the need for the document to be up to date and comprehensive. It

459-649: Is headed by a Director who is accountable to the High Commissioner. The core functions of the Division are to: (Source: OHCHR Website) Journalist Emma Reilly leaked e-mails in 2020 and 2021 in which the OHCHR provided names of Chinese participants in UN human rights activities to China on request. This occurred on multiple occasions from before 2012 to at least 2019, despite an explicit ban against this sort of activity. In some cases, after obtaining their name in advance from

510-609: Is headed by the High Commissioner for Human Rights, who co-ordinates human rights activities throughout the United Nations System and acts as the secretariat of the Human Rights Council in Geneva , Switzerland. The eighth and current High Commissioner is Volker Türk of Austria , who succeeded Michelle Bachelet of Chile on 8 September 2022. In 2018–2019, the department had a budget of US$ 201.6 million (3.7 per cent of

561-694: Is often grouped with another document with a similar medico-legal and human rights purpose, the Istanbul Protocol , which is aimed at the documentation of torture. In his report to the UN General Assembly in 2014, the Special Rapporteur on torture, Juan E. Méndez , encouraged the use of both documents when performing forensic autopsies, and highlighted capacity gaps in forensic services as contributing to lack of accountability for serious human rights violations. The Minnesota Protocol aims to protect

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612-432: Is to be expected that if the document is more up to date, it will more often and more readily serve as a guide.’ In 2016, two Working Groups, and a large international Advisory Panel undertook the revision, including with reference to two stakeholder consultations. As with the original version, the authority of the document relied upon the expertise of these drafting and review groups. Certain individuals had been involved in

663-476: The Economic and Social Council in 1982. The alternative report stressed that the official forensic investigation was deficient and false and not in accordance with the standards set out in the Minnesota Protocol. Furthermore, in light of the collected evidence and other findings, the cause of death was determined to be Adult Respiratory Distress Syndrome (ARDS), a result of the use of torture. Upon finalisation of

714-538: The General Affairs Council in 2001. The EU guidelines mention that states should “conduct prompt, impartial and effective investigations of all allegations of torture in accordance with the Istanbul Rules annexed to CHR resolution 2000/43” and should “establish and operate effective domestic procedures for responding to and investigating complaints and reports of torture and ill-treatment in accordance with

765-726: The International Rehabilitation Council for Torture Victims . The initial steps to work on a manual for the investigation and documentation of torture and other forms of ill treatment were taken at an international meeting in 1996 organised by the Turkish Medical Association and were inspired by the daily needs and practices experienced by the HRFT and the Society of Forensic Medicine Specialists in Turkey . In particular,

816-800: The UN General Assembly and the then UN Commission on Human Rights (since 2006, the UN Human Rights Council ) have strongly encouraged states to reflect upon the Principles in the Protocol as a useful tool to combat torture. The UN Special Rapporteur on Torture stressed in his General Recommendations of 2003 the importance of the Istanbul Principles in the context of establishing independent national authorities for investigation; promptness and independence of investigations; independence of forensic medical services by governmental investigatory bodies and obtaining forensic evidence. On 23 April 2003,

867-505: The Assembly established the post of United Nations High Commissioner for Human Rights. In connection with the programme for reform of the United Nations (A/51/950, para. 79), the OHCHR and the Centre for Human Rights were consolidated into a single OHCHR on 15 September 1997. The objectives of OHCHR are to: The OHCHR is divided into organizational units, as described below. The OHCHR is headed by

918-704: The Deputy High Commissioner, who is also an Assistant Secretary-General) is based in New York City and heads the New York Office of the High Commissioner. The New York Office represents the High Commissioner at United Nations Headquarters in New York and promotes the integration of human rights in policy processes and activities undertaken by inter-governmental and inter-agency bodies at the United Nations. The post of Assistant Secretary-General for Human Rights

969-437: The High Commissioner also promotes human rights yet to be recognized in international law (such as the adoption of economic, social and cultural rights as a strategic priority, which are not all currently recognized in international legal instruments). The United Nations High Commissioner for Human Rights, in the performance of his or her activities, is assisted by a Deputy High Commissioner who acts as Officer-in-Charge during

1020-570: The Istanbul Protocol in 1999, an article on the Protocol was published in the international medical journal The Lancet . The Istanbul Protocol is published by the Office of the UN High Commissioner for Human Rights in its Professional Training Series in the six official UN languages. The Istanbul Protocol was submitted to the UN High Commissioner for Human Rights on 9 August 1999. Both

1071-500: The Minnesota Protocol because of the central role played by the Minnesota Lawyers International Human Rights Committee in its development. The use of the term ‘Protocol’ reflects the forensic medicine element of the document rather than its legal status. In 2016, after a two-year process of revision, the new version of Minnesota Protocol was finalized by an international group of experts convened by

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1122-404: The Minnesota Protocol provides first strategies and principles and then detailed guidelines on practical steps that should be taken in an effective investigation. The overarching strategy of any investigation should be methodical and transparent, and all legitimate lines of inquiry should be pursued. An investigation may gather different types of material, not all of which will be used as evidence in

1173-447: The New York Office are to: The Thematic Engagement, Special Procedures and Right to Development Division is headed by a Director who is accountable to the High Commissioner. The core functions of the Division are to: The Human Rights Council and Treaty Mechanisms Division is headed by a Director who is accountable to the High Commissioner. The core functions of the Division are to: The Field Operations and Technical Cooperation Division

1224-484: The Protocol provides an overview of the duties of a forensic doctor in relation to a death investigation, and then establishes the basic aims of autopsy will assist in fulfilling those duties. The aims of the autopsy, principally are: In general, the Protocol establishes in various places the requirement of professional ethics for investigators, including forensic doctors. It highlights that any forensic doctor involved in an investigation has responsibilities to justice, to

1275-685: The Science and Human Rights Program of the American Association for the Advancement of Science . In several resolutions, the UN Commission for Human Rights mandated the OHCHR to update the Protocol. These resolutions were later quoted by the Human Rights Council in resolutions on forensic genetics and human rights. In 2014 the Special Rapporteur on summary executions, Christof Heyns , began

1326-549: The Secretary-General on the policies of the United Nations in the area of human rights, ensures that substantive and administrative support is given to the projects, activities, organs and bodies of the human rights programme, represents the Secretary-General at meetings of human rights organs and at other human rights events, and carries out special assignments as decided by the Secretary-General. As well as those human rights that are currently included in legally binding treaties,

1377-597: The Staff Office are to: The Administrative Section is headed by a Chief, Kyle F. Ward, who is accountable to the Deputy High Commissioner. The core functions of the Administrative Section, in addition to those set out in section 7 of Secretary-General's bulletin ST/SGB/1997/5, are to: The New York Office is headed by an Assistant Secretary-General who is accountable to the High Commissioner. The core functions of

1428-524: The UN Commission on Human Rights, in its resolution on human rights and forensic science, drew the attention of governments to these principles as a useful tool in combating torture. Likewise, reference was made to the Istanbul Protocol in the resolution on the competence of national investigative authorities in preventing torture. In addition to recognition by the UN system, the Istanbul Protocol has also been adopted by several regional bodies. The African Commission on Human and Peoples' Rights deliberated on

1479-579: The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Office of the United Nations High Commissioner for Human Rights (OHCHR). The revised version was published by the OHCHR in 2017. The original Minnesota Protocol was designed to be a technical document aimed at providing practical assistance to those investigating suspicious deaths. Confronting the question of how to address political killings during

1530-537: The UN, the Chinese Communist Party made sure an activist was not able to leave China for Geneva to attend. Istanbul Protocol The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment , commonly known as the Istanbul Protocol , is the first set of international guidelines for documentation of torture and its consequences. It became an official United Nations document in 1999;

1581-645: The United Nations High Commissioner for Human Rights ( OHCHR ) is a department of the United Nations Secretariat that works to promote and protect human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948. The office was established by the United Nations General Assembly on 20 December 1993 in the wake of the 1993 World Conference on Human Rights . The office

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1632-698: The United Nations regular budget), and approximately 1,300 employees based in Geneva and New York City. It is an ex officio member of the Committee of the United Nations Development Group . The mandate of OHCHR derives from Articles 1, 13 and 55 of the Charter of the United Nations , the Vienna Declaration and Programme of Action and General Assembly resolution 48/141 of 20 December 1993, by which

1683-461: The absence of the High Commissioner. In addition, the Deputy High Commissioner carries out specific substantive and administrative assignments as decided by the High Commissioner. The Deputy is accountable to the High Commissioner. The current Deputy High Commissioner for Human Rights is the Australian national Kate Gilmore . The Assistant Secretary-General for Human Rights (not to be confused with

1734-483: The autopsy and medical assessment made by the official medical experts. The point of reference for the development of the alternative medical report was the Minnesota Protocol , the United Nations, Model Protocol for a Legal Investigation of Extra-Legal, Arbitrary and Summary Executions, Doc. ST/CSDHA/12, created in response to the conclusion of the Special Rapporteur on Summary or Arbitrary Executions, appointed by

1785-492: The death was unlawful. The Protocol offers a particular note on the duty to investigate during the conduct of hostilities, which it highlights as a context that may provide practical difficulties for the application of much of the Protocol’s content. All suspected war crimes must be investigated. But the Protocol also emphasizes that, where, during the conduct of hostilities, it appears that casualties have resulted from an attack,

1836-613: The documentation may serve as valid evidence in court. As such, the Istanbul Protocol provides useful guidance for doctors and lawyers who want to investigate whether or not a person has been tortured and report the findings to the judiciary and any other investigative bodies. A revised, expanded version was published by the UN in June 2022. The Istanbul Protocol is a non-binding document. However, international law obliges governments to investigate and document incidents of torture and other forms of ill-treatment and to punish those responsible in

1887-491: The efforts to investigate the death of Baki Erdogan during custody became a decisive factor. Baki Erdogan died during his 11th day in custody after having been transferred to the state hospital in Turkey. The autopsy and official forensic report stated that as a result of a 10-day hunger strike , he died of acute pulmonary oedema. The Turkish Medical Association carried out an independent investigation and submitted an alternative medical report which disclosed numerous flaws in

1938-522: The importance of the Istanbul Protocol during its 32nd ordinary session in October 2002 and concluded that investigations of all allegations of torture or ill-treatment, shall be conducted promptly, impartially and effectively, and be guided by the Istanbul Principles. The European Union has referred to the Istanbul Protocol in its Guidelines to EU Policy towards Third Countries on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by

1989-607: The inadequacy of investigations into suspicious deaths. National courts have done the same when establishing guidelines for the investigation of killings by the police. The International Committee of the Red Cross (ICRC) relied on the Principles and the Manual in its Study on customary international humanitarian law: a contribution to the understanding and respect for the rule of law in armed conflict (2005) and in its Guidelines for Investigating Deaths in Custody (2013). The Minnesota Protocol

2040-521: The mid-1980s, various civil society groups came to the conclusion that criminal investigation techniques were an obvious starting place. In 1984, Amnesty International carried out its own survey of how various States dealt with autopsies of arbitrary killings. David Weissbrodt , a professor at the University of Minnesota, was spending a sabbatical in the Legal Office of Amnesty International in 1982-3, which

2091-637: The most recent revision was in June 2022. The Istanbul Protocol is intended to serve as a set of international guidelines for the assessment of persons who allege torture and ill treatment, for investigating cases of alleged torture, and for reporting such findings to the judiciary and any other investigative body. The Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment contains internationally recognised standards and procedures on how to recognise and document symptoms of torture so

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2142-524: The processes of drafting both the original and the revised texts. The finalized document was presented to the OHCHR in July 2016, and published in May 2017. Announcing its release, the UN High Commissioner on Human Rights highlighted that ‘Proper investigations into suspicious deaths are an integral part of the protection of the right to life’ Regional human rights courts have referred to the Manual in reaching findings on

2193-495: The relatives of the deceased, and more generally to the public. Whether or not they are employed by the police or the State, forensic doctors must understand their obligations to justice (not to the police or the State) and to the relatives of the deceased, so that a true account is provided of the cause of death and the circumstances surrounding it. Office of the United Nations High Commissioner for Human Rights The Office of

2244-472: The right to life by promoting effective investigation of potentially unlawful death or suspected enforced disappearance. It sets common standards of performance and a shared set of principles and guidelines for States, as well as for institutions and individuals who play a role in investigations. The Minnesota Protocol applies to investigations of all “potentially unlawful death”. This primarily includes situations where: The Protocol makes clear that protecting

2295-425: The right to life means preventing the arbitrary deprivation of life, but also requires accountability for an arbitrary deprivation of life whenever it occurs. Therefore, in addition to their duties to respect and to protect the right to life, States must also investigate potentially unlawful death, ensure accountability and remedy violations. The Protocol states: The duty to investigate is an essential part of upholding

2346-421: The right to life. […] Where an investigation reveals evidence that a death was caused unlawfully, the State must ensure that identified perpetrators are prosecuted and, where appropriate, punished through a judicial process. […] A failure to respect the duty to investigate is a breach of the right to life. Investigations and prosecutions are essential to deter future violations and to promote accountability, justice,

2397-460: The rights to remedy and to the truth, and the rule of law. In addition to its scope, the Protocol also clearly establishes the “trigger” for the State’s duty to investigate, namely where it knows or should have known of any potentially unlawful death, including where reasonable allegations of a potentially unlawful death are made. As the Protocol details, this includes all cases where the State has caused

2448-473: The ‘Elements and Principles of Investigations’, broadly that they should be The Protocol is explicitly non-prescriptive with respect to investigative mechanisms, noting that the duty to investigate does not necessarily require one particular investigative mechanism in preference to another. States may use a wide range of mechanisms, as determined or suggested by domestic law and practice, as long as those mechanisms meet international law requirements. The bulk of

2499-419: Was created in 2010, when Ivan Šimonović was appointed to the position. From 2016 to 2019, the position was held by Andrew Gilmour . The current Assistant Secretary-General for Human Rights, since 2020, is Ilze Brands Kehris  [ fr ] . The Staff Office of the United Nations High Commissioner for Human Rights is headed by a Chief who is accountable to the High Commissioner. The core functions of

2550-494: Was no external norm, therefore, that could be used as a basis for criticism when governments failed to implement proper investigation of political killings in a case like the death of Aquino’ Ultimately the Protocol was prepared by a group of legal and forensic experts coordinated by the Minnesota International Lawyers Committee for Human Rights (now The Advocates for Human Rights), in collaboration with

2601-576: Was when the idea for a Manual arose. The need for some kind of standard was highlighted by the assassination of Benigno Aquino Jr. in August 1983. Despite public declarations of intent, the Government of the Philippines failed to conduct an adequate investigation. However, as Ann Marie Clark has subsequently observed: ‘At that time there were no internationally standardized death investigations procedures. There

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