Istanbul Protocol Model Medical Curriculum

Educational Resources for Health Professional Students

General Guidelines for Gathering Evidence and Documenting Findings

The primary goal of documenting allegations of human rights violations is to create an accurate, reliable and precise record of events. The uses to which this record may be put are varied, but all rely on the quality of the record that has been established. A description of a typical documentation team is given, detailing the different roles and functions carried out by each member. A general overview of documentation is provided, to illustrate for the health professional how the medical evidence fits into the wider picture of documentation and evidence. It also covers essential information needed in any investigation of allegations, including types of evidence which the health professional should attempt to gather when the lawyer is prevented from doing so. General guidelines are given on the types of evidence needed, what essential information should be collected, how to ensure the quality of information, and various considerations to be taken into account in the gathering of evidence.

The primary goal of documenting allegations of human rights violations is to create an accurate, reliable and precise record of events. The uses to which this record may be put are varied, but all rely on the quality of the … Continue reading →

Inconsistencies

Torture survivors may have difficulties in recalling and recounting the specific details of the torture experience and other parts of the history for several important reasons. Clinicians should be familiar with such factors as they can manifest as inconsistencies in the interview. Difficulty recalling and recounting may be related to factors:

  • Factors directly related to the torture experience
  • Factors related to the psychological impact of torture
  • Cultural factors
  • Factors related to interview conditions or barriers of communication

It is extremely important for clinicians to clarify all inconsistencies prior to the report writing or testifying in court. Inconsistencies that are attributable to an individual’s torture experience may, in fact, support his or her allegations of abuse, rather than undermine it. Sometimes an individual’s account may conflict with one given previously, for example, to a legal adviser or other nonmedical interviewer. The medico-legal report should identify these inconsistencies and, if they are relevant, explain them. The report is a legal record of the interviews and should not be amended to minimise these inconsistencies if this reduces the report’s accuracy.

Sometimes a individual will say that an injury was caused by torture when clearly that is not the case. This may be because of a misunderstanding. For example, the person might not be aware of scars across the upper back from childhood chickenpox. When these are pointed out by a health professional, the might say they are the result of torture, believing all scars were a consequence of torture. Another individual may be claiming deliberately that a wound was caused by torture, knowing this is not the case. Perhaps he or she has no scarring from torture but thinks he or she will not be believed without some physical evidence. In this situation the health professionals should document the individual’s attribution, the heath professional’s opinion, and the likely reasons for the difference of opinions. In the context of a complete medical evaluation of both physical and psychological evidedence, the presence of other corroborating physical and psychological evidence will aid in assessing the overall veracity of an individual’s allegations. A false opinion supporting the individual’s attribution must never be given.

It is sometimes suggested that physical evidence is the result of self-inflicted injuries. True self-inflicted wounds are usually of two main types. One is where a person is deliberately harming him- or herself to support a false claim of assault. Such wounds are generally superficial and within easy reach of the dominant hand. Very rarely an accomplice might be asked to cause a wound in a place the person cannot reach, such as in the middle of the back. The other form of self-harm is where the person has a mental illness. Such wounds can be complex, but generally the underlying mental health problem can be identified during the interview. Occasionally a person will have wounds from an unsuccessful suicide attempt in detention, perhaps a desperate response to an intolerable situation. Although the person might be unwilling initially to disclose the true cause of the wounds, if the clinincians responds by using sensitive questioning, he or she will normally say what happened.

Torture survivors may have difficulties in recalling and recounting the specific details of the torture experience and other parts of the history for several important reasons. Clinicians should be familiar with such factors as they can manifest as inconsistencies in … Continue reading →

Apendix II: ICD-10

Selections from the International Statistical Classification of Diseases and Related Health Problems 10th Revision (ICD-10 Version:2007).

(Complete, updated ICD-10 Version:2010 available at http://www.who.int/classifications/apps/icd/icd10online [5].)

Mood [affective] disorders (F30-F39)

F32 Depressive Episode

In typical mild, moderate, or severe depressive episodes, the patient suffers from lowering of mood, reduction of energy, and decrease in activity. Capacity for enjoyment, interest, and concentration is reduced, and marked tiredness after even minimum effort is common. Sleep is usually disturbed and appetite diminished. Self-esteem and self-confidence are almost always reduced and, even in the mild form, some ideas of guilt or worthlessness are often present. The lowered mood varies little from day to day, is unresponsive to circumstances and may be accompanied by so-called “somatic” symptoms, such as loss of interest and pleasurable feelings, waking in the morning several hours before the usual time, depression worst in the morning, marked psychomotor retardation, agitation, loss of appetite, weight loss, and loss of libido. Depending upon the number and severity of the symptoms, a depressive episode may be specified as mild, moderate or severe.

Includes: single episodes of:

  • depressive reaction
  • psychogenic depression
  • reactive depression

Excludes: adjustment disorder (F43.2 [4])

  • recurrent depressive disorder (F33 [3])
  • when associated with conduct disorders in F91.- (F92.0 [1])
F32.0 Mild depressive episode

Two or three of the above symptoms are usually present. The patient is usually distressed by these but will probably be able to continue with most activities.

F32.1 Moderate depressive episode

Four or more of the above symptoms are usually present and the patient is likely to have great difficulty in continuing with ordinary activities.

F32.2 Severe depressive episode without psychotic symptoms

An episode of depression in which several of the above symptoms are marked and distressing, typically with loss of self-esteem and ideas of worthlessness or guilt. Suicidal thoughts and acts are common and a number of “somatic” symptoms are usually present.

Agitated depression / Major depression / Vital depression: single episode without psychotic symptoms

F32.3 Severe depressive episode with psychotic symptoms

An episode of depression as described in F32.2, but with the presence of hallucinations, delusions, psychomotor retardation, or stupor so severe that ordinary social activities are impossible; there may be danger to life from suicide, dehydration, or starvation. The hallucinations and delusions may or may not be mood-congruent.

Single episodes of:

  • major depression with psychotic symptoms
  • psychogenic depressive psychosis
  • psychotic depression
  • reactive depressive psychosis
F32.8 Other depressive episodes
F32.9 Depressive episode, unspecified

Under “Mood [affective] disorders (F30-F39)” see also:

  • F30 Manic episode
  • F31 Bipolar affective disorder
  • F33 Recurrent depressive disorder
  • F34 Persistent mood [affective] disorders
  • F38 Other mood [affective] disorders

Neurotic, stress-related and somatoform disorders (F40-F48)

F43 Reaction to Severe Stress and Adjustment Disorders

This category differs from others in that it includes disorders identifiable on the basis of not only symptoms and course but also the existence of one or other of two causative influences: an exceptionally stressful life event producing an acute stress reaction, or a significant life change leading to continued unpleasant circumstances that result in an adjustment disorder. Although less severe psychosocial stress (“life events”) may precipitate the onset or contribute to the presentation of a very wide range of disorders classified elsewhere in this chapter, its etiological importance is not always clear and in each case will be found to depend on individual, often idiosyncratic, vulnerability, i.e. the life events are neither necessary nor sufficient to explain the occurrence and form of the disorder. In contrast, the disorders brought together here are thought to arise always as a direct consequence of acute severe stress or continued trauma. The stressful events or the continuing unpleasant circumstances are the primary and overriding causal factor and the disorder would not have occurred without their impact. The disorders in this section can thus be regarded as maladaptive responses to severe or continued stress, in that they interfere with successful coping mechanisms and therefore lead to problems of social functioning.

F43.0 Acute Stress Reaction

A transient disorder that develops in an individual without any other apparent mental disorder in response to exceptional physical and mental stress and that usually subsides within hours or days. Individual vulnerability and coping capacity play a role in the occurrence and severity of acute stress reactions. The symptoms show a typically mixed and changing picture and include an initial state of “daze” with some constriction of the field of consciousness and narrowing of attention, inability to comprehend stimuli, and disorientation. This state may be followed either by further withdrawal from the surrounding situation (to the extent of a dissociative stupor – F44.2), or by agitation and over-activity (flight reaction or fugue). Autonomic signs of panic anxiety (tachycardia, sweating, flushing) are commonly present. The symptoms usually appear within minutes of the impact of the stressful stimulus or event, and disappear within two to three days (often within hours). Partial or complete amnesia (F44.0) for the episode may be present. If the symptoms persist, a change in diagnosis should be considered.

  • Acute:
    • crisis reaction
    • reaction to stress
  • Combat fatigue
  • Crisis state
  • Psychic shock
F43.1 Post-Traumatic Stress Disorder

Arises as a delayed or protracted response to a stressful event or situation (of either brief or long duration) of an exceptionally threatening or catastrophic nature, which is likely to cause pervasive distress in almost anyone. Predisposing factors, such as personality traits (e.g. compulsive, asthenic) or previous history of neurotic illness, may lower the threshold for the development of the syndrome or aggravate its course, but they are neither necessary nor sufficient to explain its occurrence. Typical features include episodes of repeated reliving of the trauma in intrusive memories (“flashbacks”), dreams or nightmares, occurring against the persisting background of a sense of “numbness” and emotional blunting, detachment from other people, unresponsiveness to surroundings, anhedonia, and avoidance of activities and situations reminiscent of the trauma. There is usually a state of autonomic hyperarousal with hypervigilance, an enhanced startle reaction, and insomnia. Anxiety and depression are commonly associated with the above symptoms and signs, and suicidal ideation is not infrequent. The onset follows the trauma with a latency period that may range from a few weeks to months. The course is fluctuating but recovery can be expected in the majority of cases. In a small proportion of cases the condition may follow a chronic course over many years, with eventual transition to an enduring personality change (F62.0)

  • Traumatic neurosis
F43.2 Adjustment Disorders

States of subjective distress and emotional disturbance, usually interfering with social functioning and performance, arising in the period of adaptation to a significant life change or a stressful life event. The stressor may have affected the integrity of an individual’s social network (bereavement, separation experiences) or the wider system of social supports and values (migration, refugee status), or represented a major developmental transition or crisis (going to school, becoming a parent, failure to attain a cherished personal goal, retirement). Individual predisposition or vulnerability plays an important role in the risk of occurrence and the shaping of the manifestations of adjustment disorders, but it is nevertheless assumed that the condition would not have arisen without the stressor. The manifestations vary and include depressed mood, anxiety or worry (or mixture of these), a feeling of inability to cope, plan ahead, or continue in the present situation, as well as some degree of disability in the performance of daily routine. Conduct disorders may be an associated feature, particularly in adolescents. The predominant feature may be a brief or prolonged depressive reaction, or a disturbance of other emotions and conduct.

  • Culture shock
  • Grief reaction
  • Hospitalism in children
F43.8 Other reactions to severe stress
F43.9 Reaction to severe stress, unspecified

F44 Dissociative [Conversion] Disorders

The common themes that are shared by dissociative or conversion disorders are a partial or complete loss of the normal integration between memories of the past, awareness of identity and immediate sensations, and control of bodily movements. All types of dissociative disorders tend to remit after a few weeks or months, particularly if their onset is associated with a traumatic life event. More chronic disorders, particularly paralyses and anaesthesias, may develop if the onset is associated with insoluble problems or interpersonal difficulties. These disorders have previously been classified as various types of “conversion hysteria”. They are presumed to be psychogenic in origin, being associated closely in time with traumatic events, insoluble and intolerable problems, or disturbed relationships. The symptoms often represent the patient’s concept of how a physical illness would be manifest. Medical examination and investigation do not reveal the presence of any known physical or neurological disorder. In addition, there is evidence that the loss of function is an expression of emotional conflicts or needs. The symptoms may develop in close relationship to psychological stress, and often appear suddenly. Only disorders of physical functions normally under voluntary control and loss of sensations are included here. Disorders involving pain and other complex physical sensations mediated by the autonomic nervous system are classified under somatization disorder (F45.0). The possibility of the later appearance of serious physical or psychiatric disorders should always be kept in mind.

Includes:

  • conversion:
    • hysteria
    • reaction
  • hysteria
  • hysterical psychosis
F44.0 Dissociative Amnesia

The main feature is loss of memory, usually of important recent events, that is not due to organic mental disorder, and is too great to be explained by ordinary forgetfulness or fatigue. The amnesia is usually centred on traumatic events, such as accidents or unexpected bereavements, and is usually partial and selective. Complete and generalized amnesia is rare, and is usually part of a fugue (F44.1). If this is the case, the disorder should be classified as such. The diagnosis should not be made in the presence of organic brain disorders, intoxication, or excessive fatigue.

Under dissociative [conversion] disorder see also:
  • F44.1 Dissociative fugue
  • F44.2 Dissociative stupor
  • F44.3 Trance and possession disorders
  • F44.4 Dissociative motor disorders
  • F44.5 Dissociative convulsions
  • F44.6 Dissociative anaesthesia and sensory loss
  • F44.7 Mixed dissociative [conversion] disorders
  • F44.8 Other dissociative [conversion] disorders

F45 Somatoform Disorders

The main feature is repeated presentation of physical symptoms together with persistent requests for medical investigations, in spite of repeated negative findings and reassurances by doctors that the symptoms have no physical basis. If any physical disorders are present, they do not explain the nature and extent of the symptoms or the distress and preoccupation of the patient.

F45.0 Somatization Disorder

The main features are multiple, recurrent and frequently changing physical symptoms of at least two years’ duration. Most patients have a long and complicated history of contact with both primary and specialist medical care services, during which many negative investigations or fruitless exploratory operations may have been carried out. Symptoms may be referred to any part or system of the body. The course of the disorder is chronic and fluctuating, and is often associated with disruption of social, interpersonal, and family behaviour. Short-lived (less than two years) and less striking symptom patterns should be classified under undifferentiated somatoform disorder (F45.1).

  • Briquet’s disorder
  • Multiple psychosomatic disorder
  • Excludes: malingering [conscious simulation] (Z76.5 [2])
F45.4 Persistent Somatoform Pain Disorder

The predominant complaint is of persistent, severe, and distressing pain, which cannot be explained fully by a physiological process or a physical disorder, and which occurs in association with emotional conflict or psychosocial problems that are sufficient to allow the conclusion that they are the main causative influences. The result is usually a marked increase in support and attention, either personal or medical. Pain presumed to be of psychogenic origin occurring during the course of depressive disorders or schizophrenia should not be included here.

  • Psychalgia
  • Psychogenic:
    • backache
    • headache
  • Somatoform pain disorder
  • Excludes: backache NOS (M54.9 [6])
  • pain:
Under F45 Somatoform disorders, See also:
  • F45.1 Undifferentiated somatoform disorder
  • F45.2 Hypochondriacal disorder
  • F45.3 Somatoform autonomic dysfunction
  • F45.8 Other somatoform disorders

Under “Neurotic, stress-related and somatoform disorders (F40-F48)” see also:

  • F40 Phobic anxiety disorders
  • F41 Other anxiety disorders
  • F41.0 Panic disorder (episodic paroxysmal anxiety)
  • F41.1 Generalized anxiety disorder
  • F41.2 Mixed anxiety and depressive disorder
  • F41.3 Other mixed anxiety disorders
  • F41.8 Other specified anxiety disorders
  • F41.9 Anxiety disorder, unspecified
  • F42 Obsessive-compulsive disorder

Disorders of adult personality and behaviour (F60-F69)

F62 Enduring Personality Changes, not Attributable to Brain Damage and Disease

Disorders of adult personality and behaviour that have developed in persons with no previous personality disorder following exposure to catastrophic or excessive prolonged stress, or following a severe psychiatric illness. These diagnoses should be made only when there is evidence of a definite and enduring change in a person’s pattern of perceiving, relating to, or thinking about the environment and himself or herself. The personality change should be significant and be associated with inflexible and maladaptive behaviour not present before the pathogenic experience. The change should not be a direct manifestation of another mental disorder or a residual symptom of any antecedent mental disorder.

Excludes: personality and behavioural disorder due to brain disease, damage and dysfunction (F07.- [12])

F62.0 Enduring Personality Change After Catastrophic Experience

Enduring personality change, present for at least two years, following exposure to catastrophic stress. The stress must be so extreme that it is not necessary to consider personal vulnerability in order to explain its profound effect on the personality. The disorder is characterized by a hostile or distrustful attitude toward the world, social withdrawal, feelings of emptiness or hopelessness, a chronic feeling of “being on edge” as if constantly threatened, and estrangement. Post-traumatic stress disorder (F43.1) may precede this type of personality change.

Personality change after:

  • concentration camp experiences
  • disasters
  • prolonged:
  • captivity with an imminent possibility of being killed
  • exposure to life-threatening situations such as being a victim of terrorism
  • torture
  • Excludes: post-traumatic stress disorder (F43.1)

Behavioural syndromes associated with physiological disturbances and physical factors (F50-F59)

F52 Sexual dysfunction, not caused by organic disorder or disease

Sexual dysfunction covers the various ways in which an individual is unable to participate in a sexual relationship as he or she would wish. Sexual response is a psychosomatic process and both psychological and somatic processes are usually involved in the causation of sexual dysfunction.

Under “F52-Sexual dysfunction, not caused by organic disorder or disease” see:
  • F52.0 Lack of loss of sexual desire
  • F52.1 Sexual aversion and lack of sexual enjoyment
  • F52.2 Failure of genital response
  • F52.3 Organic dysfunction
  • F52.4 Premature ejaculation
  • F52.5 Nonorganic vaginismus
  • F52.6 Nonorganic dyspareunia

Under “Behavioural syndromes associated with physiological disturbances and physical factors (F50-59)”, see also:

  • F50 Eating disorders
  • F51 Non organic sleep disorders

Organic, including symptomatic, mental disorders (F00-F09)

F07 Personality and behavioural disorders due to brain disease, damage and dysfunction

Alteration of personality and behaviour can be a residual or concomitant disorder of brain disease, damage or dysfunction.

F07.2 Postconcussional Syndrome

A syndrome that occurs following head trauma (usually sufficiently severe to result in loss of consciousness) and includes a number of disparate symptoms such as headache, dizziness, fatigue, irritability, difficulty in concentration and performing mental tasks, impairment of memory, insomnia, and reduced tolerance to stress, emotional excitement, or alcohol.

Postcontusional syndrome (encephalopathy)
Post-traumatic brain syndrome, nonpsychotic

Schizophrenia, schizotypal and delusional disorders (F20-F29)

F23 Acute and Transient Psychotic Disorders

A heterogeneous group of disorders characterized by the acute onset of psychotic symptoms such as delusions, hallucinations, and perceptual disturbances, and by the severe disruption of ordinary behaviour. Acute onset is defined as a crescendo development of a clearly abnormal clinical picture in about two weeks or less. For these disorders there is no evidence of organic causation. Perplexity and puzzlement are often present but disorientation for time, place and person is not persistent or severe enough to justify a diagnosis of organically caused delirium (F05.-). Complete recovery usually occurs within a few months, often within a few weeks or even days. If the disorder persists, a change in classification will be necessary. The disorder may or may not be associated with acute stress, defined as usually stressful events preceding the onset by one to two weeks.

Under “F 23 Acute and Transient Psychotic Disorders” see:
  • F23.0 Acute polymorphic psychotic disorder without symptoms of schizophrenia
  • F23.1 Acute polymorphic psychotic disorder with symptoms of schizophrenia
  • F 23.2 Acute schizophrenia-like psychotic disorder
  • F 23.3 Other acute predominantly delusional psychotic disorders
  • F 23.8 Other acute and transient psychotic disorders
  • F 23.9 Acute and transient psychotic disorder, unspecified
    Brief reactive psychosis NOS
    Reactive psychosis

Selections from the International Statistical Classification of Diseases and Related Health Problems 10th Revision (ICD-10 Version:2007). (Complete, updated ICD-10 Version:2010 available at http://www.who.int/classifications/apps/icd/icd10online.) Mood [affective] disorders (F30-F39) F32 Depressive Episode In typical mild, moderate, or severe depressive episodes, the patient suffers from … Continue reading →

Informed Consent

Clinicians must ensure that informed consent is based on adequate disclosure and understanding of the potential benefits and adverse consequences of a medical evaluation and that consent is given voluntarily without coercion by others, particularly law enforcement or judicial authorities. The interviewee has the right to refuse the evaluation. In such circumstances, the clinician should document the reason for refusal of an evaluation. According to the Istanbul Protocol:

Medical experts involved in the investigation of torture or ill-treatment shall behave at all times in conformity with the highest ethical standards and, in particular, shall obtain informed consent before any examination is undertaken.

— (Istanbul Principle 6(a))

From the outset, the alleged victim should be informed of: the nature of the process, why his/her evidence is being sought, how the information given by the person would be used and possible consequences.

As stated in Module 2, Informed consent requires that the consenting individual:

  • Is mentally competent
  • Receives full disclosure of information, including risks, benefits, and clarification of the limits of confidentiality that may be imposed by State or judicial authorities.
  • Understands the information provided
  • Gives his/her consent voluntarily
  • Provides authorisation for his/her consent

Clinicians must ensure that informed consent is based on adequate disclosure and understanding of the potential benefits and adverse consequences of a medical evaluation and that consent is given voluntarily without coercion by others, particularly law enforcement or judicial authorities. … Continue reading →

Other Definitions

The World Medical Association’s Declaration of Tokyo (1975), which proscribes physician involvement in torture, uses a briefer, less legalistic definition which omits the element of severity of suffering but which otherwise embodies the elements of torture cited above.

[Torture is] the deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting along or on the orders of any authority, to force another person to yield information, to make a confession, or for any other reason.

— [Preamble.]

The World Medical Association’s Declaration of Tokyo (1975), which proscribes physician involvement in torture, uses a briefer, less legalistic definition which omits the element of severity of suffering but which otherwise embodies the elements of torture cited above. [Torture is] … Continue reading →

Module 2: Istanbul Protocol Standards for Medical Documentation of Torture and Medical Ethics

Objectives

  • To familiarize students with the purpose, history, significance of the Istanbul Protocol
  • To review the overall content of the Istanbul Protocol
  • To be aware of the limitation and possible misuse of the Istanbul Protocol
  • To understand Istanbul Protocol standards for procedural safeguards relevant to the medical documentation of torture and ill-treatment
  • To understand the medical ethical principles relevant to the medical investigation and documentation of torture and ill-treatment
  • To identify the duties of health professionals in the process of investigating and documenting torture and ill-treatment
  • Review current, country-specific rules and regulations regarding medical documentation of torture and ill-treatment [to be provided by Instructors]
  • To identify country-specific challenges in applying international ethical standards to the effective investigation and documentation of torture and ill-treatment

Content

  • Review of the International Standards for the Effective Investigation and Documentation of Torture and Ill-treatment, the Istanbul Protocol
    • Purpose
    • History
    • International recognition of the Istanbul Protocol
    • Overview of Istanbul Protocol content
    • Misuse of the Istanbul Protocol
  • Medical Ethics relevant to the investigation and documentation of torture and ill-treatment
  • Duties of the health professional
    • International codes
    • Ethical rules prohibiting torture
    • Primary loyalty to the patient
    • Dual Obligations
    • The treatment of prisoners and detainees
    • Issues surrounding examinations of individuals in the presence of security forces
    • Abusive medical treatment
    • Consent and Confidentiality
    • Security
    • Involvement of health professionals in torture
    • Seeking further information and support
    • UN Committee against Torture
  • Country-specific legal responsibilities of the health professionals for forensic documentation of torture and ill-treatment [to be provided by instructors]
  • General guidelines for gathering evidence
    • The aims and goals of investigation
    • The role of health professionals, defense lawyers and NGO workers
    • The role of judges and prosecutors
    • Documenting the allegations
    • The aim of medical documentation
    • Types of evidence
    • Medical evidence
    • Gathering of evidence
    • Essential information
    • Comparing records

Discussion Topics

  • Discuss the value of the Istanbul Protocol for the effective medical investigation and documentation of torture and ill-treatment and its potential for misuse
  • Compare and contrast international medical ethical standards for torture documentation and country-specific legal responsibilities of the health professionals for forensic documentation of torture and ill-treatment and provide recommendations for any conflicts identified
  • Discuss international and country-specific strategies to address potential personal risks to health professionals who document torture and ill-treatment
  • Discuss how health personnel in international and national professional organisations, academics and governmental and non-governmental organisations can work together for the effective investigation and prevention of torture
  • Discuss the role of alternative (non-governmental) medical reports. Discuss how have they been used internationally and locally and what their effect has been.
  • Discuss the relationship between health and human rights and whether health professionals have a duty to protect and promote human rights, including freedom from torture and ill-treatment

Teaching Formats

  • Group Activity:
    • Divide the class into several groups and assign each group with one or more (or all) of the Discussion Topics.
    • A facilitator should be identified to moderate the discussion and rapporteur should be identified to record the group’s findings and report them when the class reconvenes.
    • After 20-30 minutes of group discussion, the entire class should reconvene
    • Rapporteurs should briefly report on their group’s findings
    • Open class discussion
  • Individual Research/Assignment:
    • Conduct literature research on the complicity of medical personnel in torture and write a 2-page essay developing a series of country-specific policy recommendations for the government, medical licensing board and national medical association.
    • Develop of country-specific list of organisations and bodies relevant to torture and ill-treatment
    • If not discussed in class, research the legal status of alternative (non-governmental) forensic medical reports. Indicate how have they been used internationally and locally and what their effect has been.
  • Journal Entry: (Instructor to assign Write a few paragraphs — no more than a page)
    • Respond to one or more of the Discussion Topics
    • Do health professionals have a duty to protect and promote human rights? Explain why or why not.
    • How can and should health professioinals document torture and ill treatment when they (or their family members) face the risk of reprisals?

Primary Resources

  • The Istanbul Protocol, Chapter II- Relevant Ethical Codes
  • Medical Investigation and Documentation of Torture: A Handbook for Health Professionals
  • Trainers’ Guidelines for Health Professionals: Training of Users
  • Psychological Evaluation of Torture Allegations: An International Training Manual
  • Action Against Torture: A Practical Guide to the Istanbul Protocol for Lawyers

Objectives To familiarize students with the purpose, history, significance of the Istanbul Protocol To review the overall content of the Istanbul Protocol To be aware of the limitation and possible misuse of the Istanbul Protocol To understand Istanbul Protocol standards … Continue reading →

Ethical rules directly prohibiting involvement in torture

A number of international ethical standards deal directly with the obligations of health professionals with regard to torture and other ill-treatment. The World Medical Association’s 1975 Declaration of Tokyo, Guidelines for Medical Doctors Concerning Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment, contains an unequivocal prohibition on any form of active or passive participation of a doctor in torture or other ill-treatment. According to the Tokyo Declaration:

  • The doctor shall not countenance, condone or participate in the practise of torture or other forms of cruel, inhuman or degrading procedures, whatever the offence of which the victim of such procedure is suspected, accused or guilty, and whatever the victim’s belief or motives, and in all situations, including armed conflict and civil strife.
  • The doctor shall not provide any premises, instruments, substances or knowledge to facilitate the practise of torture or other forms of cruel, inhuman or degrading treatment or to diminish the ability of the victim to resist such treatment.
  • The doctor shall not be present during any procedure during which torture or other forms of cruel, inhuman or degrading treatment are used or threatened.

Tokyo Declaration was revised in 2006 to include the provision that:

The physician shall not use nor allow to be used, as far as he or she can, medical knowledge or skills, or health information specific to individuals, to facilitate or otherwise aid any interrogation, legal or illegal, of those individuals.

Principles of medical ethics apply not only to doctors, but to all health care professionals. Nurses may also find themselves faced with patients who are survivors of torture or other ill-treatment, and the Position Statement on Nurses’ Role in the Care of Prisoners and Detainees, of the International Council of Nurses, has stressed the fundamental obligation of the nurse to restore the health and alleviate the suffering of the patient, including prisoners, and to protect them from abuse and ill-treatment. Similarly, the World Psychiatric Association has issued specific guidance which prohibits any participation of psychiatrists in torture (Declaration of Madrid 1996).

‘Participation’ in torture refers to some action at the time of the abuse or later, or by omission. It includes evaluating an individual’s capacity to withstand ill-treatment; being present at, supervising or inflicting ill-treatment; resuscitating individuals for the purposes of further ill-treatment; providing medical treatment on the instructions of those likely to be responsible for torture (rather than on the basis of clinical judgement); or providing professional medical knowledge or individuals’ personal health information to torturers. Omission includes the deliberate withholding of medical treatment so as to aggravate suffering intentionally or neglecting evidence. The failure to report cases of ill-treatment or torture that a health professional has noted is, at the least, acquiescence in torture, and the falsifying of medical notes or reports is a form of complicity in the abuse.

A number of international ethical standards deal directly with the obligations of health professionals with regard to torture and other ill-treatment. The World Medical Association’s 1975 Declaration of Tokyo, Guidelines for Medical Doctors Concerning Torture and Other Cruel, Inhuman or … Continue reading →

Difficulties Recalling and Recounting

Torture survivors may have difficulties in recalling and recounting the specific details of the torture experience and other parts of the history for several important reasons. Clinicians should be familiar with such factors as they commonly manifest as inconsistencies in the interview. Difficulty recalling and recounting may be related to:

  • Factors directly related to the torture experience
    • Factors during torture itself, such as blindfolding, drugging, lapses of consciousness, etc.
    • Disorientation in time and place during torture due to the nature of torture or extreme stress experienced during torture.
    • Neuro-psychiatric memory impairment resulting from head injuries, suffocation, near drowning, starvation, hunger strikes or vitamin deficiencies.
    • Experiencing repeated and similar events may also lead to difficulties in recalling clearly the details of specific events.
  • Factors related to the psychological impact of torture
    • PTSD-related memory disturbances recalling the traumatic event or intrusive memories, nightmares and the inability to remember important details of the event.
    • Denial and avoidance, which can be protective coping mechanisms, in these particular circumstances.
    • High emotional arousal and impaired memory secondary to trauma-related mental illnesses, such as depression and post-traumatic stress disorder.
    • Other psychological symptoms such as concentration difficulties, fragmentation or repression of traumatic memories, confusion, dissociation, amnesia.
    • Feelings of guilt or shame.
  • Cultural factors
    • Cultural differences in the perception of time.
    • Culturally prescribed sanctions that allow traumatic experiences to be revealed only in highly confidential settings.
  • Factors related to interview conditions or barriers of communication
    • Fear of placing oneself or others at risk.
    • Lack of trust in the examining clinician and/or interpreter.
    • Lack of feeling safe during the interview.
    • Environmental barriers such as lack of privacy, comfort of interview setting, inadequate time for the interview.
    • Physical barriers such as pain or other discomforts, fatigue, sensory deficits.
    • Socio-cultural barriers such as the gender of the interviewer, language and cultural differences.
    • Barriers due to transference/counter-transference reactions during the interview.
    • Inadequately conducted and/or poorly structured interviews.

Torture survivors may have difficulties in recalling and recounting the specific details of the torture experience and other parts of the history for several important reasons. Clinicians should be familiar with such factors as they commonly manifest as inconsistencies in … Continue reading →

Other monitoring mechanisms

A number of other mechanisms have been developed by the UN Commission on Human Rights (since 2006, the UN Human Rights Council) to look at specific types of human rights violations wherever in the world they occur. These country-specific and thematic mechanisms include special rapporteurs, representatives and independent experts or working groups. They are created by resolution in response to situations that are considered to be of sufficient concern to require an in-depth study. The procedures report publicly to the Commission on Human Rights each year and some also report to the UN General Assembly.

The main thematic mechanisms of relevance for this manual are: the Special Rapporteur on Torture, the Special Rapporteur on Violence Against Women, the Special Rapporteur on the Independence of Judges and Lawyers, the Working Group on Enforced or Involuntary Disappearances, and the Working Group on Arbitrary Detention. A number of other thematic mechanisms also exist. The work of these bodies is not mutually exclusive and they may make either joint or separate interventions in connection with the same allegation.

A number of other mechanisms have been developed by the UN Commission on Human Rights (since 2006, the UN Human Rights Council) to look at specific types of human rights violations wherever in the world they occur. These country-specific and … Continue reading →

Musculoskeletal System

Complaints of musculoskeletal aches and pains are very common in survivors of torture. They may be the result of repeated beatings, of suspension, or of other positional torture. They may also be somatic. They are non-specific, but should be documented. In accordance with the characteristics of torture, complaints are characterized as pain in the respective region of the body, limitation of joint movement, swelling, parasthesiae, numbness, loss of sensation to touch, and tendon reflex loss.

Physical examination of the skeleton should include testing for mobility of joints, the spine and the extremities. Pain with motion, contractures, strength, evidence of compartment syndrome, fractures with or without deformity, and dislocations should all be noted after documenting visible signs such as contusions, abrasions, and lacerations as described above. Trauma to muscle should be checked for, such as muscle rupture and muscle tearing. Specific clinical signs of ligament tear include swelling, bruising, muscle spasm, and painful stress test, often with joint laxity. There may be a palpable gap in the ligament. If it is completely torn, then considerable swelling and bruising occurs. Tendon ruptures, avulsions from the insertion of the bone, and dislocation of a tendon from its groove may all be observed.

Back pain is also common in survivors of torture, and there may be some local tenderness in the lumbar spine. However, these findings are non-specific and common in the general population. Fractures of the vertebral pedicles (the parts of the vertebra going away from the main body) may result from direct blunt force and, in some instances, radiography of the vertebrae may indicate recent or healed fractures.

Fractures

Fractures are caused by a loss of bone integrity due to the effect of a blunt mechanical force on various vector planes. Fractures can be caused by a direct blow, in which case the fracture is at the site of the impact, or by twisting or crushing, in which case the fracture tends to be at the weakest part of the bone. In the acute phase, local swelling, bony deformity, tenderness and loss of function will be typical findings on clinical examination. In the chronic phase, various degrees of bony deformity, pain with activity and loss of function may be found. A direct fracture occurs at the site of impact or at the site where the force was applied. In an indirect fracture, the location, contours, and other characteristics of a fracture reflect the nature and direction of the applied force. The most frequent fractures seen in survivors of torture are of the nasal bones, the ribs, the radius, ulna and small bones of the hand, the transverse process of vertebrae, and those of the coccyx. The hyoid bone and laryngeal cartilage may be fractured in partial strangulation or from blows to the neck.

If a person alleges that a bone was fractured during torture and a callus is palpable, that should normally be sufficient to document. X-rays are unlikely to add anything. Generally, even with an X-ray, it is only possible to say that a bone was fractured within a wide time-frame, but very rarely that the fracture was caused by torture. Mal-united fractures are highly supportive of a history of torture with no immediate medical treatment.

Routine radiographs are recommended at the initial examination, if facilities are available. Injuries to tendons, ligaments, and muscles are best evaluated with MRI, but arthrography (arthroscopy) can also be performed. In the acute stage, MRI can detect hemorrhage and possible muscle tears. Muscles usually heal completely without scarring, so later imaging studies will be negative. MRI or scintigraphy may detect bone injury such as a subperiosteal haematoma, which may not be detected on routine radiographs or CT. Radiographic aging of relatively recent fractures should be performed by an experienced trauma radiologist.

Complaints of musculoskeletal aches and pains are very common in survivors of torture. They may be the result of repeated beatings, of suspension, or of other positional torture. They may also be somatic. They are non-specific, but should be documented. … Continue reading →