Anal Examinations in Cases of Alleged Homosexuality

Anal examinations are forcibly conducted in many countries where consensual anal intercourse is considered a criminal act. They are conducted almost exclusively on males in an effort to “prove” that they are “homosexuals” despite the fact that anal intercourse is not a necessary determinant of “homosexual activity.” Forcibly conducted anal examinations are usually initiated at the request of law enforcement officials, the prosecutor, or the court and conducted in the absence of informed consent or in circumstances where individuals are not capable of giving genuine informed consent or where refusal to give consent would be interpreted as self-incrimination. This may be presumed to be the case when examinations are conducted on individuals in detention, subsequent to allegations of criminalised sexual acts by the authorities. The purpose of this medico-legal statement is to provide legal experts, adjudicators, health care professionals, and policymakers, among others, with an understanding of: 1) the validity of forcibly conducted anal examinations as medical and scientific evidence of consensual anal intercourse; 2) the likely physical and psychological consequences of forcibly conducted anal examinations; and 3) whether, based on these effects, forcibly conducted anal examination constitutes cruel, inhuman, or degrading treatment or torture

Statement on Virginity Testing: Independent Forensic Expert Group

Virginity examinations are practiced in many countries, and often forcibly, in a number of contexts, including in detention places; on women who allege rape; on women who are accused by authorities of prostitution; and as part of public or social policies to control sexuality. In other states, the practice is illegal. The purpose of this medico-legal statement is to provide legal experts, adjudicators, healthcare professionals, and policymakers, among others, with an understanding of the physical and psychological effects of forcibly conducting virginity examinations on females and to assess whether, based on these effects, forcibly conducted virginity examinations constitute cruel, inhuman, or degrading treatment or torture. This medico-legal statement also addresses the medical interpretation and relevance of such examinations and the ethical implications. This opinion considers an examination to be ‘forcibly conducted’ when it is “committed by force, or by threat of force or coercion, such as caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person incapable of giving genuine consent.”   For full details about the Independent Forensic Expert Group please visit http://www.irct.org/our-support/ medical-and-psychological-case-support/forensic-expertgroup.aspx

Report of the Special Rapporteur of the Human Rights Council on extrajudicial, summary or arbitrary executions, section D, 'protection of the remains of the victims of unlawful killings'

In the present report, the first submitted by the incoming mandate holder, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris TidballBinz, outlines the vision that will drive the implementation of his mandate, together with the main thematic and strategic priorities, areas of focus and research that he intends to pursue during his tenure. (...)Extrajudicial, summary or arbitrary executions are a violation of the right to life,to which the bodies of the executed are testament. As such, the international community has a responsibility to protect and safeguard human remains. The protection of the bodies of victims of unlawful killings is important in establishing accountability and in allowing families and societies to heal. Safeguarding human remains is also important in preventing the phenomenon of missing persons and in combating enforced and involuntary disappearances. Building on the work of his predecessors, and prompted by the 2020 thematic report on the protection of mas sgraves (A/75/384), the Special Rapporteur plans to further explore the topic of the protection of the bodies of the victims of unlawful killings

Mort en détention: vers un cadre international d'investigation et de prévention

The University centre for legal medicine (Geneva-Lausanne), the Geneva Academy of international humanitarian law and human rights, the University of Bern, the International centre for prison studies (King's college London), the International committee of the Red Cross (ICRC), in collaboration with the European committee for the prevention of torture (CPT), are undertaking research concerning the conditions under which deaths in custody should be investigated and prevented in ethically acceptable ways, based on principles and procedures in line with respect for human rights and humanitarian law.The project comprises a comprehensive review of the scientific literature; the analysis of international law and existing guidelines and legal documents worldwide ; and interviews with experts in forensic medicine, criminology,law and human rights with experience in prisons, including experts from the CPT, the ICRC, and relevant NGOs.The aim is to know more about appropriate and most efficient ways to obtain independent death investigations in custody not only in rich countries, but also in countries without forensic infrastructure.The results of these interviews will be combined with the prior analytic work to produce draft practice guidelines which could be of use for ICRC delegates and other persons confronted with deaths in custody

Mort en détention: vers un cadre international d'investigation et de prévention

The University centre for legal medicine (Geneva-Lausanne), the Geneva Academy of international humanitarian law and human rights, the University of Bern, the International centre for prison studies (King's college London), the International committee of the Red Cross (ICRC), in collaboration with the European committee for the prevention of torture (CPT), are undertaking research concerning the conditions under which deaths in custody should be investigated and prevented in ethically acceptable ways, based on principles and procedures in line with respect for human rights and humanitarian law.The project comprises a comprehensive review of the scientific literature; the analysis of international law and existing guidelines and legal documents worldwide ; and interviews with experts in forensic medicine, criminology,law and human rights with experience in prisons, including experts from the CPT, the ICRC, and relevant NGOs.The aim is to know more about appropriate and most efficient ways to obtain independent death investigations in custody not only in rich countries, but also in countries without forensic infrastructure.The results of these interviews will be combined with the prior analytic work to produce draft practice guidelines which could be of use for ICRC delegates and other persons confronted with deaths in custody