Protocolo de Estambul: Implicaciones forenses de la versión actualizada en la evaluación de la tortura

Abstract

Forensic doctors and psychologists have a major role in the investigation of human rights violations. The Istanbul Protocol is the reference guide for the effective investigation and documentation of torture. An updated version (PE-2022) was published in June 2022. The objective of this article is to present the most relevant forensic aspects of the new version. Many of the principles contained are also of interest for forensic expert reports on other victims, such as those of intimate partner violence against women. As in these victims, an integral and multidisciplinary approach is contemplated. The updated version has 8 chapters and 4 annexes. The most interesting chapters for forensics are IV, V and VI. General considerations related to interviews, ethical obligations, the structure of the expert report, and physical and psychological evaluations are addressed. The physical assessment is part of the comprehensive evaluation. The evaluation should not be limited to the detection of external injuries. The psychological evaluation can be complex, and the collaboration of psychologists, psychiatrists or neurologists is useful. In the report, forensic physicians and psychologists must provide an assessment of the level of global consistency between the findings of the clinical evaluation (physical and psychological) and the torture report. The Institutes of Legal Medicine and Forensic Sciences must guarantee effective practices for the qualified investigation of torture, including proper training of forensic experts.among the differential diagnoses in cases of sudden death, especially in adolescents and young adults. Finally, a historical journey through the interesting life and work of Dr. Wilhelm Ebstein is carried out.