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# Examining detainees and documenting torture (Istanbul Protocol)

- Procedure

How to examine a person deprived of liberty and document possible torture or ill-treatment following the UN Istanbul Protocol.

Updated Nov 5, 2026

## Key points

- Istanbul Protocol (UN, 2022 revision): the standard for documenting torture.
- Examine in private, without police or guards in the room.
- Levels of consistency: not consistent, consistent, highly consistent, typical of and diagnostic of.
- The absence of injuries does not exclude torture.
- The opinion is given on the findings as a whole, not injury by injury.

## What it is

The Istanbul Protocol is the United Nations manual for the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment; its current revision dates from 2022 (Office of the High Commissioner for Human Rights). It sets how the medical and psychological evaluation should be done: independent, with informed consent, in private, without State agents in the room, and with a report that interprets how the findings relate to the account. In Colombia the Penal Code makes torture an offence (art. 178), and a doctor who examines a detainee, whether in a medico-legal exam or in health care, must document objectively what is found.

## What to document

- Who was present during the exam: the presence of State agents can undermine a negative report.
- Account, acute and chronic symptoms, and physical and psychological findings.
- The opinion on the possibility of torture, based on all the evidence.
- Factors that explain an absence of findings: time elapsed, methods that leave no mark, healing.

## How it is done

- Identify the person and obtain informed consent; explain the purpose, the uses of the report and its limits.
- Examine in private: police or guards should not be in the room; if they refuse to leave, record it.
- Take the account: dates, places, methods, acute symptoms and their course, without pressing.
- Do a full physical exam and describe each injury with diagrams and, with consent, photographs with a scale.
- Assess the psychological state and refer for specialist evaluation if needed.
- Order the additional studies that help document the injuries.
- Interpret each finding and the whole using the Protocol's levels: not consistent, consistent, highly consistent, typical or diagnostic.
- Deliver the report through secure channels and protect the person's confidentiality and safety.

## Next step: what to do and document

- Examine the person alone and record any presence or interference.
- Describe precisely and give your opinion using the Istanbul Protocol's levels of consistency.
- If you suspect torture or ill-treatment, inform the competent authority (Fiscalía) through secure channels and protect the person from reprisals.
- Ensure the medical care needed and continuity of treatment.
- Official text checked on 2026-11-05 at funcionpublica.gov.co.

## Common mistakes

- Concluding there was no torture because there are no injuries: the absence of findings does not rule it out.
- Examining with police or guards present without recording it.
- Rating each injury separately without an opinion on the whole.
- Using legal standards («beyond reasonable doubt») instead of the levels of consistency.

## Test yourself

Think of the answer, then tap the question to see it.

## What are the levels of consistency in the Istanbul Protocol?

Not consistent with, consistent with, highly consistent with, typical of and diagnostic of.

## May a police officer be present during the medical exam of a detainee?

They should not, except for a serious safety risk in the clinician's judgement. Their presence is recorded in the report and can undermine a negative report.

## Does the absence of visible injuries in a detainee rule out torture?

No. Many methods leave no marks and injuries heal; the absence of findings does not exclude torture.

## Which article of the Colombian Penal Code makes torture an offence?

Article 178 of Law 599 of 2000.

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## Elsewhere in DurgiPedia

- [Informed consent: elements and how to obtain it](https://durgical.com/en/medical-ethics/informed-consent-elements-and-how-to-obtain-it/)
- [Professional secrecy and confidentiality](https://durgical.com/en/medical-ethics/professional-secrecy-and-confidentiality/)

## Connections

## Related 2

- [Examining a living victim of injury (lesiones personales)](https://durgical.com/en/forensic-medicine/examining-a-living-victim-of-injury/)
- [The expert report (dictamen pericial): what it must contain](https://durgical.com/en/forensic-medicine/the-expert-report-what-it-must-contain/)

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Educational content on forensic and legal medicine; not legal advice and no substitute for the technical guides of Colombia's National Institute of Legal Medicine and Forensic Sciences. Laws change: each page links the official text and says when it was last checked. For a real case, follow the guide in force and ask the competent authority.

Sources: [Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Professional Training Series No. 8, Rev. 2)](https://www.ohchr.org/sites/default/files/documents/publications/2022-06-29/Istanbul-Protocol_Rev2_EN.pdf) (Office of the United Nations High Commissioner for Human Rights (OHCHR), 2022); [Ley 599 de 2000, Código Penal (art. 178)](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=6388) (Función Pública, Gestor Normativo, 2000).

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License: CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Cite as: DurgiPedia (durgical.com), https://durgical.com/en/forensic-medicine/examining-detainees-and-documenting-torture/
