Istanbul Protocol Model Medical Curriculum

Educational Resources for Health Professional Students

Obligation to Investigate and Bring Justice

The prohibition of torture is not limited to a negative obligation to refrain from causing suffering, but also contains wider obligations including the obligation to investigate allegations and bring the perpetrators to justice. The UN Convention Against Torture (UNCAT) states clearly in article 12: “Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” The next article adds an obligation to ensure that individuals have the possibility to lodge a complaint, and that this complaint be investigated.

The European Court of Human Rights (ECtHR) has noted that without such a duty to investigate, “the general legal prohibition of torture and inhumanand degrading treatment and punishment, despite its fundamental importance, would be ineffective in practice and it would be possiblein some cases for agents of the state to abuse the rights of those within their control with virtual impunity.” The Inter-American Court of Human Rights has similarly found the failure to mount an effective investigation to be a violation of the right to be protected against torture and inhuman treatment.

Investigations should not be dependent on the lodging of a complaint. States must launch an investigation whenever there is reasonable suspicion that torture has taken place. The ECtHR has stated in this regard that where an individual is taken into police custody in good health but is found to be injured at the time of release, it is incumbent on the state to provide a plausible explanation as to the cuase of the injury. Since it is likely that health professionals would be amongst the first to discover any signs of abuse, the initiation of an investigation relies heavily on their awareness, assessment and subsequent action.

The prohibition of torture is not limited to a negative obligation to refrain from causing suffering, but also contains wider obligations including the obligation to investigate allegations and bring the perpetrators to justice. The UN Convention Against Torture (UNCAT) states … Continue reading →

Indications for Referral

Wherever possible, examinations to document torture for medico-legal reasons should be combined with an assessment for other needs, whether referral to specialist physicians, psychologists, physiotherapists or those who can offer social advice and support. Investigators should be aware of local rehabilitation and support services. The clinician should not hesitate to insist on any consultation and examination that he or she considers necessary in a medical evaluation. In the course of documenting medical evidence of torture and ill-treatment, physicians are not absolved of their ethical obligations. Those who appear to be in need of further medical or psychological care should be referred to the appropriate services.

NOTE: Online course available on “Caring for Torture Survivors” offered by the Boston Center for Refugee Health and Human Rights. See http://www.bcrhhr.org/pro/course/course_index.html [1]

Wherever possible, examinations to document torture for medico-legal reasons should be combined with an assessment for other needs, whether referral to specialist physicians, psychologists, physiotherapists or those who can offer social advice and support. Investigators should be aware of local … Continue reading →

Prolonged Isolation and Sensory Deprivation

Prolonged isolation is the denial of contact with other human beings, including through segregation from other prisoners, for prolonged periods of time, i.e. solitary confinement. Sensory deprivation refers to the reduction or removal of stimuli from one or more of the senses for prolonged periods.

Sensory deprivation is a technique that is “calculated to disrupt profoundly the senses” and “the personality.” It tends not only to result in situations of complete dependency on the interrogator but also leads to severe anxiety and often causes hallucinations. Studies have demonstrated that even short-term isolation can result in: an inability to think or concentrate; anxiety; somatic complaints; temporal and spatial disorientation; deficiencies in task performance; hallucinations; and loss of motor coordination.

Solitary confinement can result in include depression, anxiety, difficulties with concentration and memory, hypersensitivity to external stimuli, hallucinations and perceptual distortions, paranoia, suicidal thoughts and behaviour, and problems with impulse control. The UN Committee against Torture has encouraged states to abolish the practise, noting that, outside the interrogation context, solitary confinement “should be applied only in exceptional cases and not for prolonged periods of time” [1] and has determined that prolonged solitary confinement could constitute cruel, inhuman or degrading treatment or punishment.[2] Furthermore, according to the UN Special Rapporteur on Torture, solitary confinement may impact the psychological “integrity of the prisoner.”[3]


[1] Broken Laws, Broken Lives pp. 101.

[2] Broken Laws, Broken Lives pp. 101.

[3] Broken Laws, Broken Lives pp. 101.

Prolonged isolation is the denial of contact with other human beings, including through segregation from other prisoners, for prolonged periods of time, i.e. solitary confinement. Sensory deprivation refers to the reduction or removal of stimuli from one or more of … Continue reading →

Interviewing Children

Children have the rights to have their consent and confidentiality respected. Except in emergency they should not be given medical treatment without a parent or guardian present. Similarly, a detailed account of the cause of injuries should only be taken from a child in the presence of a parent or guardian or, if they are not available, someone else representing the child’s best interests.

Older children may be tortured to suppress political activity. They should be treated in the same way as young adults, and the approach needs to be very sympathetic. Torture of younger children is generally performed to put pressure on parents. Where possible, the family should be treated together and the child’s injuries should be documented and managed by pediatric specialists.

A child, in particular, needs to be in an environment in which he or she feels comfortable before being willing to disclose sensitive information. In discussing traumatic events, a child may prefer to draw a picture and then to explain it. Children’s attention spans can be quite short, so it may be necessary to break the interview frequently. See additional considerations in Module 6, Children and Torture.

Children have the rights to have their consent and confidentiality respected. Except in emergency they should not be given medical treatment without a parent or guardian present. Similarly, a detailed account of the cause of injuries should only be taken … Continue reading →

Cultural and Religious Awareness

The clinician should attempt to understand mental suffering in the context of the interviewee’s circumstances, beliefs, and cultural norms rather than rush to diagnose and classify. Awareness of culture specific syndromes and native language-bound idioms of distress is of paramount importance for conducting the interview and formulating the clinical impression and conclusion. When the interviewer has little or no knowledge about the interviewee’s language and culture, the assistance of an interpreter is essential. An interpreter from the interviewee’s country of origin will facilitate an understanding of the language, customs, religious traditions, and other beliefs that will need to be considered during the evaluation.

In addition, interviewers should make sure to conduct him or herself in a manner that does not offend cultural or religious sensibilities. A lack of such awareness risks alienating the individual and/or causing them to feel uneasy, leading to a less effective interview.

The clinician should attempt to understand mental suffering in the context of the interviewee’s circumstances, beliefs, and cultural norms rather than rush to diagnose and classify. Awareness of culture specific syndromes and native language-bound idioms of distress is of paramount … Continue reading →

Country-specific legal responsibilities of health professionals for forensic documentation of torture and ill-treatment

Country-specific national legislation and regulations relevant to medical documentation vary considerably and are beyond the scope of this Curriculum. Instructors who use the Model Curriculum should consider adding country-specific information:

  • Rights, obligations and restrictions of the physician according to national legislation concerning the preparation of forensic report
    • criminal procedures
    • administrative procedures
    • disciplinary procedures
  • Possible consequences of false reports for the patient and for the physician
  • Best practise of medical reporting and its impact in practise
  • Legal status of alternative (non-governmental) reports
  • The problem of dual obligation
  • Ethical and legal responsibilities of the physician according to the above mentioned international codes
  • The similarities and differences between the international (ethical and legal) and national codes
  • Qualification of health professionals to conduct psychological and physical evaluations
  • The differences between national legislation and practise
  • Regulations that apply specifically to gender-based violence against women

Country-specific national legislation and regulations relevant to medical documentation vary considerably and are beyond the scope of this Curriculum. Instructors who use the Model Curriculum should consider adding country-specific information: Rights, obligations and restrictions of the physician according to national … Continue reading →

Formal Inspection of Detention Facilities

There are a number of bodies that may have the ability to conduct regular inspection of detention facilities. These could be monitoring bodies from withing the prison authority; governmental inspection bodies; independent ombudsmen; national human rights commissions; the office of the public defender or other bodies from within the legal system; international organizations; domestic non-governmental organizations (NGOs).

The International Committee of the Red Cross (ICRC) visits people deprived of freedom in times of armed conflict, to check that they are treated humanely and in accordnce with international law (both humanitarian law and human rights law). The ICRC undertakes visits under nonnegotiable modalities which include: access to all places of detention and all people detained and to make a register of all those who wish to have their details recorded; the possibility to select individual detainees to talk with in private, and the possibility to repeat the visits as often as is deemed necessary. During visits, the ICRC takes the humane treatment of detainees to encompass not only freedom from torture and other ill-treatment, but also general conditions of detention that maintain both the physical and mental integrity of the individuals. Their findings are communicated and discussed on a confidential basis with the concerned authorities.

Other bodies, particularly human rights NGOs, are sometimes more likely to gain ad hoc permission to conduct an inspection, rather than regular access. On occasion, inspections might be limited by restricted access to the detainees, or detainees may be wary of complaining for fear of retribution. In such cases it is nevertheless often possible for the inspection team to assess the likelihood of prevailing ill-treatment, especially in relation to the physical conditions of detention. Most often, existing national oversite mechanisms will have most access to prisons, but may have less access to police stations. Access to interrogation centers and military camps may be even more restricted.

Recognizing the vulnerability and need for enhanced protection of people incustody, the UN adopted an Optional Protocol to the UN Convention Against Torture in December 2002. This instrument creates a mechanism for regular inspection, by independent international and national bodies, of all places where people are deprived of liberty, within countries that agree to be bound by this Protocol.

There are a number of bodies that may have the ability to conduct regular inspection of detention facilities. These could be monitoring bodies from withing the prison authority; governmental inspection bodies; independent ombudsmen; national human rights commissions; the office of … Continue reading →

Sleep Deprivation

Sleep deprivation of normal sleep for extended periods through the use of stress positions, sensory overload, or other techniques may have profound psychological consequences. It causes significant cognitive impairments including deficits in memory, learning, logical reasoning, complex verbal processing, and decision-making; sleep appears to play an important role in processes such as memory and insight formation. Sleep deprivation may also result in decreases in psychomotor performance as well as alterations in mood. In recent years, a growing body of research has emerged that point to the complex and bidirectional relationships between sleep disturbance and psychiatric disorders. For example, evidence suggests that sleep disturbance is not only a symptom of major depression, but it also independently affects the clinical outcome and the course of the disorder. Moreover, sleep disturbance seems to be associated with an independent increase in the risk of suicidal ideation and actions.

Even sleep restriction of four hours per night for less than a week can result in physical harm, including hypertension, cardiovascular disease, altered glucose tolerance and insulin resistance. Sleep deprivation can impair immune function and result in increased risk of infectious diseases. Further, chronic pain syndromes are associated with alterations in sleep continuity and sleep patterns.

The UN Committee against Torture has noted that sleep deprivation used to extract confessions from suspects is impermissible,[1] and that “sleep deprivation for prolonged periods” constitutes torture.[2]

The UN Committee against Torture has determined that “hooding under special conditions” constitutes both torture and cruel, inhuman or degrading treatment or punishment.[3] It noted that this finding would be “particularly evident” when hooding is used in combination with other coercive interrogation methods.[4]


[1] Broken Laws, Broken Lives pp. 104.

[2] Broken Laws, Broken Lives pp. 104.

[3] Broken Laws, Broken Lives pp. 102.

[4] Broken Laws, Broken Lives pp. 102.

Sleep deprivation of normal sleep for extended periods through the use of stress positions, sensory overload, or other techniques may have profound psychological consequences. It causes significant cognitive impairments including deficits in memory, learning, logical reasoning, complex verbal processing, and … Continue reading →

Working with Interpreters

Good interpreters, particularly those from the same background as the individual, are able not only to interpret the words, but also to identify and explain relevant cultural, historical and social factors as well as linguistic idioms to the interviewer. Beware, however, of over-reliance on interpreters, as they are not experts in areas outside their own field.

Interpreters are an important part of the inquiry team. They need to be trained to work with survivors of torture and other ill-treatment even if they have considerable experience of interpreting in other contexts. Most professional interpreters have their own code of ethics. If not, they must be advised that what they hear and interpret in interviews is strictly confidential.

Professionals working with interpreters need to remind themselves that, if they do not share a language with the individual, the quality of the interpreter used will impact on all aspects of their interview, examination and report.

Second and third languages

In situations where the health professional is seeing the individual in their routine practise, they will usually speak the same language. In situations where there are several ethnic groups within a country, there may be language barriers within the population. Sometimes the one will speak some of the other’s language, or they may share a third language. The danger is that if one person’s command of this second or third language is weak, this may lead to inaccuracies and inconsistencies in the report. There may also be difficulties associated with interpreters of a different ethnicity or from a different region from that of the individual. The accent and vocabulary might differ.

Gender and age of interpreters

In many cases, it is necessary to use an interpreter for some, or all, of the interview. The issues of gender may be even more important in this situation as the interviewee may relate more to the interpreter than to the interviewer. Some individuals are less concerned about the gender of the interviewer than they are about that of the interpreter. Age may also be relevant. A young male individual may be able to discuss sexual torture with an older woman to whom he may relate as to an aunt, but not to a woman of his own age. Similarly, a young female individual may find an older man easier to talk to than one who is of a similar age to her torturer. Bear in mind, however, for women, having a female interviewer and interpreter is the best practise.

Local and international interpreters

When an international team makes a visit to a country it might include interpreters, or it may choose to employ local interpreters. There are two issues to keep in mind in such cases. Firstly it must be made clear to the local interpreter that he or she may be putting him- or herself into danger by working with visiting interviewers when documenting torture. Secondly, the individual may not trust a local interpreter and not give a complete account of what happened.

Using an interpreter

Interviewers should remember to talk to the individual and to keep eye contact with him or her even though there is a natural tendency to speak to the interpreter. It helps to pose questions directly to the first person, for example: ‘What did you do then?’ rather than indirectly through the interpreter, for example: ‘Ask him what happened next.’ Observing body language, gestures and facial expressions, as well as non-verbal communication, is essential both to enhance the amount of information gained and to give the individual confidence that the health professional is interested in what is being said. Above all, it helps the individual to understand that he or she has been heard. When the individual is providing a long, unbroken account, the health professional should pause the interview regularly to note the information. This helps the interpreter not to forget key points and allows the health professional to clarify points when they are still fresh in the individual’s mind.

Family members

As a rule, family members and friends must not be used for interpretation for two reasons. First, the quality of interpreting is generally inadequate, and second, there may be topics that the individual will not discuss in front of a family member, and therefore the risk of a failure to disclose torture is greatly increased. Many parents, for example, will not reveal details of their torture in front of their child. Furthermore, revealing such details in their presence may even lead to psychological harm for the child.

Good interpreters, particularly those from the same background as the individual, are able not only to interpret the words, but also to identify and explain relevant cultural, historical and social factors as well as linguistic idioms to the interviewer. Beware, … Continue reading →

Official Complaints to Human Rights Bodies and Other Organizations

Allegations of torture and other ill-treatment can be presented to a variety of human rights bodies. Many countries have a human rights ombudsman or a commission which might receive and investigate complaints. This might also be a body with a specific mandate on treatment of prisoners. Additionally, there are numerous regional and international human rights mechanisms which can also, under certain circumstances, receive allegations. These include the UN Committee Against Torture, the UN Human Rights Committee, the UN Special Rapporteur on Torture, the UN Special Rapporteur on the Right to Health, the UN Special Rapporteur on Violence against Women, the European Court of Human Rights, the African Commission on Human and Peoples’ Rights, the Inter-American Commission on Human Rights and others (see the Torture Reporting Handbook, section 8.2).

In situations where the ICRC is active, the humanitarian organization can, under specific circumstances, receive allegations of arrest and detention of individuals and make direct enquiries of their whereabouts with the authorities and during visits to places of detention. If located, the ICRC is often able to put the detainee in contatct with their family through a system of Red Cross Messages.

Allegations of torture and other ill-treatment can be presented to a variety of human rights bodies. Many countries have a human rights ombudsman or a commission which might receive and investigate complaints. This might also be a body with a … Continue reading →