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Istanbul Protocol Model Medical Curriculum
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Module 6 Presentation: Psychological Evidence of Torture and Ill-Treatment
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Toolkit: Istanbul Protocol Model Medical Curriculum
Subject: Module 6: Psychological Evidence of Torture and Ill-Treatment
Issue: Torture
Use: Training
Subject: Module 6: Psychological Evidence of Torture and Ill-Treatment
Issue: Torture
Use: Training
Self-Assessment and Quiz
- Which of the following do you consider to be important considerations before interviewing Mrs. Asha Ali Yousif?
- A safe and comfortable location
- Privacy during the interview
- Understanding that she must answer all of the questions asked
- Understanding that she can take breaks if she wishes
- All of the above
- Which of the following must be addressed before beginning all interviews?
- Making sure that refreshments are available
- Obtaining informed consent
- Explaining the benefits and risks of the medical evaluation
- Ensuring that the translator and alleged victim are the same gender
- Who would you consider to be the most appropriate translator for your interview with Mrs. Yousif?
- Mrs. Yousif’s daughter
- A male village elder
- A stranger in Kalma Camp
- A stranger from outside Kalma Camp
- In the process of eliciting the trauma history from Mrs. Yousif, which of the following interviewing techniques do you think is most appropriate?
- Asking simple questions that require brief answers to ensure a coherent and reproducible narrative
- Asking questions about the most significant alleged trauma first
- Asking open-ended questions and minimize interruptions
- The evaluator should use whatever interviewing technique that he or she is most comfortable with
- What psychosocial information elicited from Mrs. Yousif’s is most likely to contribute to her to her psychological symptoms?
- The killing of her husband and burning of her home and village
- That she was poor
- Her occupation as a teacher
- That she had no prior history of mental problems
- Mrs. Yousif’s feelings of guilt are most likely related to?
- Not being able to support her family
- Failing to fight off her attackers
- Failing to protect her daughter’s sexual assault
- Exposing herself to further abuse by reporting the torture to the police
- In Mrs, Yousif’s case, which of the following factors may interfere with an accurate recounting of past events:
- Blindfolding
- Disorientation
- Lapses in consciousness
- Organic brain damage
- Psychological sequelae of abuse
- Fear of placing oneself or others at risk
- Lack of trust in the examining clinician
- It is important to document what the perpetrators reportedly said during the alleged abuse as it may help to establish the intent of their actions and provide insight into the meaning an individual assigns to his or her experience.
- True
- False
- If during the course of interviewing an alleged torture victim the individual acknowledges that he or she was sexually assaulted and does not feel comfortable discussing this further, which of the following would you consider appropriate?
- Move on with the interview
- Explain how common sexual assault is among torture survivors (women and men)
- Acknowledge relevant norms of social stigma associated sexual assault
- Offer to limit reporting of sexual assault information according to the alleged victim’s wishes, i.e. only to the judge
- All of the above
- Which of the following questions should you consider to indirectly assess allegations of sexual assault?
- What was said by the alleged perpetrators
- Removal of clothing of the alleged victim and perpetrator(s)
- Duration of the encounter/assault
- The use of weapons
- Any form of physical contact or touching
- Subsequent vaginal pain or bleeding
- The possibility of pregnancy or a sexually transmitted disease
- All of the Above
- Which of the following would you consider to be highly consistent with Mrs. Yousif’s allegations of torture?
- History of a right-sided facial droop after being kicked on the right side of her face
- Chronic headaches relieved by aspirin
- Bruises shaped in parallel lines, but clear in the middle of the lines
- No menstrual period since the assault
- All of the above
- If you examined Mrs. Yousif when she visited Nyala Hospital for medical care, what should have been done ideally?
- Conduct a thorough physical examination with particular attention to cutaneous lesions that could have resulted from an assault
- Conduct a pelvic examination and document any evidence of sexual assault
- Discuss the issues of pregnancy and emergency contraception
- Assess for sexually transmitted diseases (i.e. gonorrhoea, chlamydia, syphilis and trichomoniasis, Hepatitis B and HIV) and consider post-exposure prophylaxis
- Obtain wet vaginal swabs and dry them for subsequent DNA analysis
- All of the above
- Does Mrs. Yousif meet diagnostic criteria for PTSD?
- Yes
- No
- The presence of diagnostic criteria for PTSD has greater value for the adjudication of legal cases than understanding the meaning that individuals attach to experiences of torture and ill treatment.
- True
- False
- Which of the following factors may contribute to Mrs. Yousif’s psychological symptoms?
- Home and village burned
- Husband and father killed in front of her
- Difficulty surviving in Kalma Camp
- Rape of her daughter
- All of the above
- Which of the following can help to distinguish Mrs. Yousif psychological symptoms caused by sexual assault experiences versus other traumatic experiences or losses?
- The onset and trend in her psychological symptoms
- The content of her nightmares and intrusive recollections
- Triggers for intrusive recollection, reliving experiences, and avoidance reactions
- Feeling responsible for her daughter’s rape
- All of the above
- Mrs. Yousif should have a pelvic examination at the time of your evaluation to assess possible physical evidence of rape, even though the likelihood of such evidence decreases considerably after the first week of the assault.
- True
- False
- Symptoms of sexual dysfunction following rape may be physical or psychological in origin or a combination of both and include:
- Aversion to members of the opposite sex or decreased interest in sexual activity
- Inability to trust a sexual partner
- Disturbance in sexual arousal and erectile dysfunction
- Dyspareunia (painful sexual intercourse in women) or infertility due to acquired sexually transmitted disease, direct trauma to reproductive organs or poorly performed abortions of pregnancies following rape
- All of the above
- On physical examination (see PPT Module 7, Slides 16-18) Mrs. Yousif is noted to have: 1) a 1 cm hyperpigmented, linear scar above the left eyebrow; and 2) a complex, atrophic scar, approximately 4 x 6 cm over the dorsum of the left hand associated with hypopigmentation and subcutaneous fibrosis. How would you describe the level of consistency between, Mrs. Yousif’s allegations of abuse and these physical examination findings?
- Not consistent
- Consistent with
- Highly consistent with
- Virtually diagnostic of
- How would you describe the level of consistency between, Mrs. Yousif’s allegations of abuse and psychological evaluation findings?
- Not consistent
- Consistent with
- Highly consistent with
- Virtually diagnostic of
Which of the following do you consider to be important considerations before interviewing Mrs. Asha Ali Yousif? A safe and comfortable location Privacy during the interview Understanding that she must answer all of the questions asked Understanding that she can … Continue reading
Toolkit: Istanbul Protocol Model Medical Curriculum
Subject: Module 7: Case Example #1
Issue: Torture
Use: Training
Subject: Module 7: Case Example #1
Issue: Torture
Use: Training
Interpretation of Findings and Referrals
The forensic examiner should correlate allegations of abuse with the findings of the physical and psychological evaluation and indicate his or her level of confidence in the correlations (e.g., inconsistent, consistent with, highly consistent with, or pathognomonic). A final statement of opinion regarding all sources of evidence (physical and psychological findings, historical information, photographic findings, diagnostic test results, knowledge of regional practises of torture, consultation reports, etc.) and the possibility of torture should be included. The examiner also should provide any referrals or recommendations for further evaluation of and care for the interviewee.
Unfortunately, it is a common misconception among evaluators, attorneys and adjudicators that psychological evidence is of lesser value than “objective” physical findings. The aim and effect of torture is largely psychological. The psychological evaluation is critical in assessing the level of consistency between the alleged trauma and individual psychological responses. In some cases, the symptoms may be either attenuated or exacerbated depending on the meaning assigned to individual experiences.
The forensic examiner should correlate allegations of abuse with the findings of the physical and psychological evaluation and indicate his or her level of confidence in the correlations (e.g., inconsistent, consistent with, highly consistent with, or pathognomonic). A final statement … Continue reading
Module 3: Interview Considerations
Objectives
- To understand the key role of the interview in conducting medical evaluations of torture allegations
- To be familiar with conditions necessary for an effective interview
- To understand and develop interview process skills such as empathy and earning trust
- To learn effective and appropriate techniques of questioning
- To understand the effect of the interviewing style on the interview process and the alleged victim
- To develop the capacity to elicit a detailed narrative account of alleged experiences
- To be familiar with possible difficulties of recalling and recounting elements of torture experiences
- To understand how and why difficulties may arise during an interview
- To be familiar with possible transference and counter-transference reactions
- To develop awareness to possible vicarious traumatisation and burnout and discuss strategies to address their effects
- To examine individual reactions to hearing a recording of an interview with a survivor of torture
Content
- Preliminary Considerations
- Purpose of medical evaluations
- Interview settings
- Trust
- Informed consent
- Confidentiality
- Privacy
- Empathy
- Objectivity
- Safety and security
- Procedural Safeguards for Detainees
- Risk of Re-traumatisation
- Gender Considerations
- Interviewing Children
- Cultural and Religious Awareness
- Working with Interpreters
- Transference and Counter-Transference Reaction
- Conducting Interviews
- Types of Questions
- Cognitive Techniques
- Summarising and Clarifying
- Difficulties Recalling and Recounting
- Assessing Inconsistencies
- Interview Content
- Identification and Introduction
- Psychosocial History- Pre-Arrest
- Past Medical History
- Summary of Detention(s) and Abuse
- Circumstances of Detention(s)
- Prison/Detention Place Conditions
- Allegations of Torture and Ill-treatment
- Review of Symptoms
- Psychosocial History (post-arrest)
- Assessments of Physical and Psychological Evidence
- Physical Examination
- Closing
- Indications for Referral
Discussion Topics
- Play audio (MP3 file [2] [1]) of National Public Radio interview with Sr. Dianna Ortiz (about 15 minutes) and discuss relevant interview considerations: confidentiality, informed consent, privacy, safety, objectivity, impartiality, creating a climate of trust, courtesy, honesty, empathy, the effects of interviewing style, appropriate use of open-ended and closed questioning, the risks of re-traumatisation and how to minimize the risk of re-traumatisation.
- Discuss individual responses to the interview with Sr. Dianna Ortiz and discuss strategies for managing such reactions and limiting secondary trauma and “burn-out”
- Discuss what you find most challenging about interviewing survivors of torture and ill treatment
Teaching Formats
- Group Activity:
- Listen to the audio (MP3 file [2] [1]) of National Public Radio interview with Sr. Dianna Ortiz (about 15 minutes) as a class.
- Divide the class into several groups and have each group address the first two Discussion Topics above
- 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:
- Research ways in which clinicians who work with survivors of torture deal with secondary trauma. Write a series of recommendations for colleagues who conduct medical evaluations of alleged torture victims on a regular basis, but are unaware of counter-transference issues
- Journal Entry: (Instructor to assign Write a few paragraphs — no more than a page)
- Consider your response to the audiotape of interview with Sr. Dianna Ortiz. Provide a series of recommendations to effectivel address these reactions and possibly others.
- Discuss what you find most challenging about interviewing survivors of torture and ill treatment
Primary Resources
- The Istanbul Protocol
- The Medical Documentation of Torture
- Medical Investigation and Documentation of Torture: A Handbook for Health Professionals
- Psychological Evaluation of Torture Allegations: An International Training Manual
- Audio of interview with Sr. Dianna Ortiz [3]. National Public Radio. 1996.
- Trainers’ Guidelines for Health Professionals: Training of Users
- Torture Reporting Handbook, Part II – Documenting Allegations
Quelle
- [1] https://phrtoolkits.org/downloads/?did=34
- [2] https://phrtoolkits.org/downloads/?did=34
- [3] https://phrtoolkits.org/downloads/?did=34
Objectives To understand the key role of the interview in conducting medical evaluations of torture allegations To be familiar with conditions necessary for an effective interview To understand and develop interview process skills such as empathy and earning trust To … Continue reading
Toolkit: Istanbul Protocol Model Medical Curriculum
Subject: Module 3: Interview Considerations
Issue: Torture
Use: Training
Subject: Module 3: Interview Considerations
Issue: Torture
Use: Training
Risk factors for Trauma and Torture-Related Disorders
In considering who may be at heightened risk for developing psychological problems, one must evaluate both general/overall risk factors as well as those risk factors specific to traumatised populations including how trauma affects family and social relationships and other natural supports. The general risk factors for developing mental illness are based on age, sex, education, social class, divorced/widowed status, history of mental illness, and family history of mental illness. Additional risk factors for torture survivors include torture, war, political oppression, imprisonment, witnessing or experiencing atrocities, loss of family and/or separation from family, and distortion of social relationships. If the torture survivor is also a refugee or asylum seeker, he/she has the further risk factors of migration (loss of home, loved ones, possessions, etc), acculturation, poverty, prejudice, cultural beliefs and traditional roles, cultural and linguistic isolation, absence of adequate support systems, and unemployment or underemployment. The multiple layers of increasing risk present a clinical picture that has been described by as one of “cumulative synergistic adversity.”
In considering who may be at heightened risk for developing psychological problems, one must evaluate both general/overall risk factors as well as those risk factors specific to traumatised populations including how trauma affects family and social relationships and other natural … Continue reading
Toolkit: Istanbul Protocol Model Medical Curriculum
Subject: Module 4: Torture Methods and their Medical Consequences
Issue: Torture
Use: Training
Subject: Module 4: Torture Methods and their Medical Consequences
Issue: Torture
Use: Training
Self-Assessment and Quiz
- If you were called upon to evaluate Mr. Adam while in custody and one of the detaining police officers was present in the examination room, what should be your initial course of action?
- Allow the police officer to remain to ensure your safety
- Request the police officer to remain outside the examination room and/or out of earshot
- Document the presence and identity of the police office and continue your evaluation
- Refuse to conduct the examination
- After you complete your evaluation of Mr. Adam in custody, you must provide the attending police officer with a copy of your evaluation.
- True
- False
- It is acceptable for clinicians to examine detainees in hand and leg shackles as long as it is the policy of the detention facility.
- True
- False
- Obtaining information on Mr. Adam’s past medical/psychiatric history is necessary to distinguish pre-existing physical and mental conditions from possible torture-related sequelae.
- True
- False
- The information obtained for Mr. Adam’s psychosocial history is not particularly relevant to the assessment of medical evidence of torture and ill treatment?
- True
- False
- In Mr. Adam’s case, which one of the following factors is most likely to interfere with an accurate recounting of past events:
- Blindfolding
- Disorientation
- Lapses in consciousness
- Organic brain damage
- Psychological sequelae of abuse
- Mr. Adam’s lapses in consciousness warrant which of the following?
- Neuropsychological testing
- Diagnostic imaging of the brain (CT Scan or MRI)
- A complete neurological examination including a mental status examination, cranial nerves, CNS and PNS
- Electroencephalogram (EEG)
- Mr. Adam spontaneously alleged that he was stripped naked and given electric shocks to his penis while suspended. There is no need, therefore, to inquire about additional forms of sexual assault.
- True
- False
- What is the most likely cause of Mr. Adam’s difficulty having erections?
- Psychosomatic
- Neurologic damage due to electric shocks
- Peripheral vascular disease
- None of the above
- After you complete your medical evaluation of Mr. Adam, you should order an EMG (electromyogram) study to assess the possibility of a brachial plexus injury
- True
- False
- The absence of penile lesions on examination is inconsistent with Mr. Adam’s allegations electric shock torture.
- True
- False
- What factors may account for the relative paucity of Mr. Adam’s psychological symptoms?
- The meaning of his experience in relation to his political beliefs and activities
- Fear of reprisals from police
- Support from his family members
- Lack of exposure to psychological methods of torture
- How would you describe the level of consistency between, Mr. Adam’s allegations of cigarette burns and physical examination findings of multiple hyperpigmented circular scars (about 1 cm in diameter) with indistinct margins and no central palor or atrophy?
- Not consistent
- Consistent with
- Highly consistent with
- Virtually diagnostic of
- It is not possible that Mr. Adam’s cigarette burns were self-inflicted?
- True
- False
- How would you describe the level of consistency between, Mr. Adam’s allegations of “rope burns” from suspension torture and his physical examination findings of hyperpigmented, circumferential scars above both wrists?
- Not consistent
- Consistent with
- Highly consistent with
- Virtually diagnostic of
- In the course of presenting the following photographic evidence of Mr. Adam in court, the cross examining attorney states that the alleged injuries were, instead, self-inflicted.
Which of the following may help to explain why the Mr. Adam’s findings are not likely to be the result of self-inflicted?
- The “tram-track” marks are characteristic of blunt trauma from significant blows with a rectangular or cylindrical object such as a police baton
- The location of the lesions are not consistent with self-inflicted injuries which require considerable force
- The repetitive nature of the injuries suggest a common defensive position during beatings and intentional rather than incidental use of force
- While it is possible that the injuries could have been inflicted by another person following detention, this is unlikely given all of the physical and psychological evidence in Mr. Adam’s case
- All of the above
- If you were to note the findings illustrated below on Mr. Adam’s physical examination, and Mr. Adam indicated that he hadn’t noticed the axillary marks until after he was tortured, what would you consider the most likely cause of the findings to be?
- Subucutaneous fibrosis resulting from alleged suspension torture
- Circumferential abrasions from ligatures
- Scars from lacerations
- Striae distensae
- How would you describe the level of consistency between, Mr. Adam’s allegations of abuse and his psychological evaluation findings?
- Not consistent
- Consistent with
- Highly consistent with
- Virtually diagnostic of
- Given Mr. Adam’s minimal endorsement of psychological symptoms, the examining clinician should administer psychological instruments for anxiety, Major Depressive Disorder and PTSD.
- True
- False
- Which of the following considerations would support the clinical assessments of Mr. Adam’s credibility and argue against the possibility of malingering or simulation?
- Lack of over-endorsement of physical and/or psychological symptoms
- Lack of a suspiciousness or defensiveness
- Consistency between Mr. Adam’s observed affect and the content of the evaluation
- Consistency between Mr. Adam’s pre-torture personality and the meaning he assigns to his torture/ill treatment experiences
- All of the above
If you were called upon to evaluate Mr. Adam while in custody and one of the detaining police officers was present in the examination room, what should be your initial course of action? Allow the police officer to remain to … Continue reading
Toolkit: Istanbul Protocol Model Medical Curriculum
Subject: Module 8: Case Example #2
Issue: Torture
Use: Training
Subject: Module 8: Case Example #2
Issue: Torture
Use: Training
Limits on interrogation
Article 11 of the Convention against Torture requires states to keep under systematic review interrogation rules, instructions, methods and practises as well as arrangements for the custody and treatment of persons under arrest, detention or imprisonment. The Human Rights Committee has stated that: ‘keeping under systematic review interrogation rules, instructions, methods and practises as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment is an effective means of preventing cases of torture and ill-treatment.’[1] The Committee has also stated that, ‘the wording of Article 14(3)(g) — i.e. that no one shall be compelled to testify against himself or to confess guilt — must be understood in terms of the absence of any direct or indirect physical or psychological pressure from the investigating authorities on the accused, with a view to obtaining a confession of guilt. A fortiori, it is unacceptable to treat an accused person in a manner contrary to Article 7 of the Covenant in order to extract a confession.’[2]
[1] Human Rights Committee General Comment 20, para. 11.
[2] Kelly v Jamaica, (253/1987), 8 April 1991, Report of the Human Rights Committee, (A/46/40), 1991; Conteris v Uruguay, (139/1983), 17 July 1985, 2 Sel. Dec. 168; Estrella v Uruguay, (74/1980), 29 March 1983, 2 Sel. Dec. 93.
Article 11 of the Convention against Torture requires states to keep under systematic review interrogation rules, instructions, methods and practises as well as arrangements for the custody and treatment of persons under arrest, detention or imprisonment. The Human Rights Committee … Continue reading
Toolkit: Istanbul Protocol Model Medical Curriculum
Subject: Module 1: International Legal Standards (Overview)
Issue: Torture
Use: Training
Subject: Module 1: International Legal Standards (Overview)
Issue: Torture
Use: Training
Access to a lawyer and respect for the functions of a lawyer
The general right of those who have been arrested and detained to have access to legal advice is recognised in Article 14 of the ICCPR and a variety of other instruments relating to the right to a fair trial. The promptness of access to a lawyer is also most important from the point of view of preventing torture and ill-treatment. The Human Rights Committee has stressed that the protection of the detainee requires prompt and regular access be given to doctors and lawyers[1] and that ‘all persons arrested must have immediate access to counsel’ for the more general protection of their rights.[2] Counsel must communicate with the accused in conditions giving full respect for the confidentiality of their communications.[3] The authorities must also ensure that lawyers advise and represent their clients in accordance with professional standards, free from intimidation, hindrance, harassment, or improper interference from any quarter.[4]
[1] Human Rights Committee General Comment 20, para. 11.
[2] Concluding Observations of the Human Rights Committee: Georgia, UN Doc. CCPR/C/79/Add.74, 9 April 1997, para. 28.
[3] Human Rights Committee, General Comment 13, Article 14 (Twenty-first session, 1984), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI\GEN\1\Rev.1 at 14 (1994), para. 9.
[4] Ibid.
The general right of those who have been arrested and detained to have access to legal advice is recognised in Article 14 of the ICCPR and a variety of other instruments relating to the right to a fair trial. The … Continue reading
Toolkit: Istanbul Protocol Model Medical Curriculum
Subject: Module 1: International Legal Standards (Overview)
Issue: Torture
Use: Training
Subject: Module 1: International Legal Standards (Overview)
Issue: Torture
Use: Training
Perianal Examination
After anal rape or insertion of objects into the anus of either gender, pain and bleeding can occur for days or weeks. This often leads to constipation, which can be exacerbated by the poor diet in many places of detention. Gastrointestinal and urinary symptoms may also occur. Generally, visual inspection of the anogenital region is sufficient to find scarring and other lesions of the skin. The focus of the examination will depend on the history. In the acute phase, any examination beyond visual inspection may require local or general anaesthesia and should be performed by a specialist. For example, If an individual has persistent bleeding after an object was pushed through the anus, there may be scarring of the rectal mucosa and this can be looked for by proctoscopy. In the chronic phase, several symptoms may persist, and they should be investigated. There may be anal scars of unusual size or position, and these should be documented. Anal fissures may persist for many years, but it is normally impossible to differentiate between those caused by torture and those caused by other mechanisms. On examination of the anus, the following findings should be looked for and documented:
- Fissures tend to be non-specific findings as they can occur in a number of “normal” situations (constipation, poor hygiene). However, when seen in an acute situation (i.e. within 72 hours) fissures are more specific findings and can be considered evidence of penetration;
- Rectal tears with or without bleeding may be noted;
- Disruption of the rugal pattern may manifest as smooth fan-shaped scarring. When these scars are seen out of midline (i.e. not at 12 or 6 o’clock), they can be an indication of penetrating trauma;
- Skin tags, which can be the result of healing trauma;
- Purulent discharge from the anus. Cultures should be taken for gonorrhoea and chlamydia in all cases of alleged rectal penetration, regardless of whether a discharge is noted.
Following rape, the possibility of sexually transmitted diseases should be considered and local protocols followed. If there is any possibility of the perpetrator being prosecuted, air dried internal and external anal swabs can be taken up to five days after the rape, even if the survivor has defecated, and stored for DNA testing.
After anal rape or insertion of objects into the anus of either gender, pain and bleeding can occur for days or weeks. This often leads to constipation, which can be exacerbated by the poor diet in many places of detention. … Continue reading
Toolkit: Istanbul Protocol Model Medical Curriculum
Subject: Module 5: Physical Evidence of Torture and Ill-Treatment
Issue: Torture
Use: Training
Subject: Module 5: Physical Evidence of Torture and Ill-Treatment
Issue: Torture
Use: Training
Role of judges and prosecutors
Judges and prosecutors have a responsibility to ensure that they do not themselves, unintentionally or otherwise, collude with acts of torture while carrying out their official functions. In some legal systems, prosecutors may be directly involved in conducting interrogations in which coercive methods of extracting confessions and information are used. In some situations, prosecutors may rely on information or confessions, when conducting cases, without ensuring that the information was not obtained by coercive means.
Sometimes judges and prosecutors fail to ensure that the laws and procedures designed to protect people in detention, and prevent acts of torture and other forms of ill-treatment, are upheld. They may also fail to require that a person making a statement or confession does so in their presence; fail to explore for signs of physical or mental distress on a detainee who is brought before them; return a detainee to the custody of law enforcement officials where there is reason to believe that the detainee will suffer ill-treatment; fail to react to signs which indicate that a person may have been ill-treated even in the absence of a formal complaint; fail to sufficiently take complaints of ill-treatment seriously; fail to investigate such allegations with a view to bringing proceedings against the perpetrators; and fail to exercise their powers to carry out thorough inspections of places of detention.
Conversely, judges and prosecutors may exercise their powers to prevent and investigate acts of torture. They may demand that a suspect be brought before them at the earliest opportunity and check that he or she is being properly treated. Where they have discretion, they may interpret the balance of proof, with respect to allegations of torture and the admissibility of evidence obtained through it, in ways that discourage law enforcement officers, and those in charge of places of detention, from carrying out, or permitting others to carry out, torture and other forms of ill-treatment. They may also stay alert to all possibilities that their own courts or tribunals do not conform to the highest possible standards with respect to preventing and investigating torture.
While international law provides a basic minimum, there are also examples from different countries that can be drawn on when developing standards of good practise. The case studies contained in this manual, which only represent a brief snap-shot of such cases drawn from around the world, are intended to illustrate how judges and prosecutors have sought to combat torture within their own national jurisdictions.
Judges and prosecutors have a responsibility to ensure that they do not themselves, unintentionally or otherwise, collude with acts of torture while carrying out their official functions. In some legal systems, prosecutors may be directly involved in conducting interrogations in … Continue reading
Toolkit: Istanbul Protocol Model Medical Curriculum
Subject: Module 1: International Legal Standards (Overview)
Issue: Torture
Use: Training
Subject: Module 1: International Legal Standards (Overview)
Issue: Torture
Use: Training
