Mgr. Marie Lukasová, Ph.D.
The article introduces Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Istanbul Protocol”) and the relevant CPT standard. It explains how the European Court of Human Rights reflects their implementation while assessing whether a state meets its positive obligation to conduct the effective investigation in accordance with Article 3 of the ECHR. In places of deprivation of liberty there is an increased risk of ill-treatment. Therefore the medical examination (after admission and each violent incident) plays an important role not only to facilitate the investigation of complaints but also for preventive reasons. Medical evidence indicative to ill-treatment should be methodically recorded and automatically reported to the relevant authorities.