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How to Use These Educational Resources
Torture
Toolkits > Istanbul Protocol Model Medical Curriculum > Module 1: International Legal Standards (Overview)

Module 1: International Legal Standards (Overview)

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Objectives

  • To understand basic definitions of torture and other forms of cruel, inhuman and degrading treatment or punishment.
  • To familiarize students with the international legal standards on the prohibition of torture and ill-treatment
  • To obtain a clear understanding of the torture practises in the world today and relevant country-specific practises.
  • To be familiar with international and regional monitoring mechanisms.
  • To understand basic torture prevention and accountability measures, including specific safeguards for those deprived of their liberty.
  • To identify international and country specific needs for prevention and accountability measures, including specific safeguards for those deprived of their liberty.
  • To identify country-specific challenges in preventing torture and holding perpetrators accountable including effective remedial measures in this regard.

Content

  • Definition of torture and ill-treatment
  • Brief review of the purpose of torture and its history
  • Review of relevant international standards for torture prevention
  • Torture in the world today, including practises, the role of state and non-state actors, common situations for allegations
  • Review of country-specific legal standards and torture practises [to be provided by Instructors]
  • Overview of prevention and accountability measures
  • International and regional monitoring mechanisms and formal inspections of detention facilities
    • Human Rights Committee
    • UN Committee against Torture
  • Regional monitoring mechanisms
  • Other monitoring mechanisms
    • The UN Special Rapporteur
    • International criminal courts and tribunal
    • The International Committee of the Red Cross (ICRC)
  • Safeguards against torture for those deprived of their liberty
    • Notifying people of their rights
    • Use of officially recognised places of detention
    • Humane conditions of detention
    • Limits on interrogation
    • Access to a doctor
    • The right to challenge the lawfulness of detention
  • Safeguards for special categories of detainees
    • Women in detention
    • Juvenile detainees
    • People with mental health problems

Discussion Topics

  • Compare and contrast similarities and differences between international standards and national legislation
  • Develop a 10-12 point country-specific plan for torture prevention and accountability
  • Discuss how international, regional and national organisations can work together for the effective investigation and prevention of torture.
  • Discuss the role of health professionals in torture prevention and accountability.
  • Discuss the relationship between human rights and human security in general, and specifically with regard to national anti-terror policies/practises and torture.

Teaching Formats

  • Group Activity:
    • Divide the class into several groups and assign each group with one or more (or all) of the Discussion Topics listed 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(s):
    • Conduct literature research on the psychology of abuse and write a two-page essay analyzing different theories. Provide your opinion with supporting information
    • Develop a 10-12 point, country-specific plan for torture prevention and accountability
    • Develop a country-specific list of organisations and bodies relevant to torture and ill-treatment
  • Journal Entry: (Instructor to assign students to write a few paragraphs — no more than a page on one or more of the following)
    • Respond to one or more of the Discussion Topics
    • Why do you think health professionals should or should not be concerned about torture and ill-treatment?

Primary Resources

  • The Istanbul Protocol, Chapters I and III, Annex I
  • The Torture Reporting Handbook
  • Action Against Torture: A Practical Guide to the Istanbul Protocol for Lawyers
  • Medical Investigation and Documentation of Torture: A Handbook for Health Professionals
  • Combating Torture: A Manual for Judges and Prosecutors
  • The Torture Reporting Handbook

Section Contents

  1. Torture
    • What is Torture
    • Purpose of Torture
    • History of Torture
    • Other Definitions
    • Cruel Inhuman & Degrading Treatment & Punishment (CID)
    • Prohibition of Torture in International Law
    • The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984
    • Torture in the World Today
    • Country-Specific Legal Standards and Torture Practices
    • The Perpetrators
    • Common Situations for Torture Allegations
    • Where Does Torture and Ill-treatment Occur?
    • Obligation to Investigate and Bring Justice
    • Formal Inspection of Detention Facilities
    • Official Complaints to Human Rights Bodies and Other Organizations
    • Recently Released Detainees
    • NGO Information Gathering
    • Late Allegations
  2. Prevention and Accountability
    • Prevention
    • Accountability
    • Reparation
  3. International Supervisory Machinery and Complaints Procedures
    • The Human Rights Committee
    • The UN Committee against Torture
    • Regional Mechanisms
    • Other monitoring mechanisms
    • The UN Special Rapporteur on Torture and other Cruel, Inhuman and Degrading Treatment or Punishment
    • International criminal courts and tribunals
    • The International Committee of the Red Cross (ICRC)
  4. Safeguards Against Torture for Those Deprived of Their Liberty
    • Notifying people of their rights
    • Use of officially recognized places of detention and the maintenance of effective custody records
    • Avoiding incommunicado detention
    • Humane conditions of detention
    • Limits on interrogation
    • Access to a lawyer and respect for the functions of a lawyer
    • Access to a doctor
    • The right to challenge the lawfulness of detention
    • Safeguards for special categories of detainees
  5. Module 1 Presentation: International Legal Standards
  6. Self-Assessment and Quiz
    • Module 1 Answers
How to Use These Educational Resources
Torture
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  • Istanbul Protocol Model Medical Curriculum

    • Preface
      • Copyright and Acknowledgements
      • Resources
      • Glossary
    • Introduction
      • Curriculum Materials
      • Summary of Content
      • How to Use These Educational Resources
    • Module 1: International Legal Standards (Overview)
      • Torture
        • What is Torture
        • Purpose of Torture
        • History of Torture
        • Other Definitions
        • Cruel Inhuman & Degrading Treatment & Punishment (CID)
        • Prohibition of Torture in International Law
        • The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984
        • Torture in the World Today
        • Country-Specific Legal Standards and Torture Practices
        • The Perpetrators
        • Common Situations for Torture Allegations
        • Where Does Torture and Ill-treatment Occur?
        • Obligation to Investigate and Bring Justice
        • Formal Inspection of Detention Facilities
        • Official Complaints to Human Rights Bodies and Other Organizations
        • Recently Released Detainees
        • NGO Information Gathering
        • Late Allegations
      • Prevention and Accountability
        • Prevention
        • Accountability
        • Reparation
      • International Supervisory Machinery and Complaints Procedures
        • The Human Rights Committee
        • The UN Committee against Torture
        • Regional Mechanisms
        • Other monitoring mechanisms
        • The UN Special Rapporteur on Torture and other Cruel, Inhuman and Degrading Treatment or Punishment
        • International criminal courts and tribunals
        • The International Committee of the Red Cross (ICRC)
      • Safeguards Against Torture for Those Deprived of Their Liberty
        • Notifying people of their rights
        • Use of officially recognized places of detention and the maintenance of effective custody records
        • Avoiding incommunicado detention
        • Humane conditions of detention
        • Limits on interrogation
        • Access to a lawyer and respect for the functions of a lawyer
        • Access to a doctor
        • The right to challenge the lawfulness of detention
        • Safeguards for special categories of detainees
      • Module 1 Presentation: International Legal Standards
      • Self-Assessment and Quiz
        • Module 1 Answers
    • Module 2: Istanbul Protocol Standards for Medical Documentation of Torture and Medical Ethics
      • The Istanbul Protocol
        • About the Istanbul Protocol
        • Brief History
        • International Recognition of the Istanbul Protocol
      • An Overview of the Istanbul Protocol
        • Legal Investigation of Torture
        • General Considerations for Interviews
        • Physical Evidence of Torture
        • Psychological Evidence of Torture
        • Interpretation of Findings and Referrals
        • Misuse of the Istanbul Protocol
        • Procedural Safeguards for Detainees
      • Medical Ethics
        • Introduction
        • Duties of the health professional
        • International Codes
        • Ethical rules directly prohibiting involvement in 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 other health professionals in torture
        • Seeking further information and support
        • Country-specific legal responsibilities of health professionals for forensic documentation of torture and ill-treatment
      • General Guidelines for Gathering Evidence and Documenting Findings
        • The aims and goals of investigation
        • Multidisciplinary approach to documentation
        • Role of the health professional in the team
        • Role of the lawyer in the team
        • Role of the NGO member in the team
        • Role of judges and prosecutors
      • Documenting the allegations
        • The aim of medical documentation
        • Types of evidence
        • Medical evidence
        • Gathering of evidence
        • Essential information
        • Quality of information
        • Comparing records
      • Module 2 Presentation: Istanbul Protocol Standards for Medical Documentation of Torture and Medical Ethics
      • Self-Assessment and Quiz
        • Module 2 Answers
    • Module 3: Interview Considerations
      • 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 Reactions
      • 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
      • Module 3 Presentation: Interview Considerations
      • Self-Assessment and Quiz
        • Module 3 Answers
    • Module 4: Torture Methods and their Medical Consequences
      • Introduction
      • Torture Methods
        • Beatings/Falanga
        • Ear Trauma
        • Eye Trauma
        • Restraint, Shackling and Positional Torture
        • Suspension
        • Crushing and Stretching Injuries
        • Burning
        • Electrical injuries
        • Asphyxiation
        • Violent Shaking
        • Sexual Assault
        • Sexual Humiliation
        • Prolonged Isolation and Sensory Deprivation
        • Sleep Deprivation
        • Temperature Manipulation
        • Sensory Bombardment
        • Threats of Harm
      • Psychological Consequences of Torture
        • Introduction
        • The Paradox of Psychological Consequences of Torture
        • The Psychological Consequences of Torture
        • Social, Political and Cultural Context
        • Risk factors for Trauma and Torture-Related Disorders
        • Psychological Symptoms
      • Module 4 Presentation: Torture Methods and their Medical Consequences
      • Self-Assessment and Quiz
        • Module 4 Answers
    • Module 5: Physical Evidence of Torture and Ill-Treatment
      • Physical Evidence of Torture
        • Medical history
      • The Physical Examination
        • Dermatologic Evaluation
        • Head and Neck
        • Chest and Abdomen
        • Musculoskeletal System
      • Neurological Examination
        • Head Trauma and Post-traumatic Epilepsy
        • Nerve Damage
      • Examination of Women
        • Examination Following a Recent Assault
        • Examination After the Immediate Phase
        • Follow-up
        • Genital Examination of Women
      • Genital Examination of Men
      • Perianal Examination
      • Medical Photography
        • Assessment for Referral
      • Diagnostic Tests
      • Module 5 Presentation: Physical Evidence of Torture and Ill-Treatment
      • Self-Assessment and Quiz
        • Module 5 Answers
    • Module 6: Psychological Evidence of Torture and Ill-Treatment
      • The Central Role of the Psychological Evaluation
        • Conducting the Psychological Evaluation
        • Psychological Findings and Diagnostic Considerations
        • Components of the Psychological/Psychiatric Evaluation
      • Children and Torture
        • Introduction
        • Developmental Considerations
        • Clinical Considerations
        • Role of the Family
      • Apendix I: Sample Psychological Evaluations
        • Psychological Evaluation #1
        • Psychological Evaluation #2
      • Apendix II: ICD-10
      • Module 6 Presentation: Psychological Evidence of Torture and Ill-Treatment
      • Self-Assessment and Quiz
        • Module 6 Answers
    • Module 7: Case Example #01
      • Introduction
      • Preliminary Considerations
      • Materials
      • Module 7 Presentation: Case Example #01
      • Self-Assessment and Quiz
        • Module 7 Answers
    • Module 8: Case Example #02
      • Introduction
      • Preliminary Considerations
      • Materials
      • Module 8 Presentation: Case Example #02
      • Self-Assessment and Quiz
        • Module 8 Answers
    • Module 9: Report Writing and Testifying in Court
      • Written Reports
        • General Considerations
        • Content of Written Reports
        • Conclusions
        • Inconsistencies
      • Providing Testimony in Court
      • Appendix: Court Testimony Guidelines and Maxims
      • Module 9 Presentation: Report Writing and Testifying in Court
      • Self-Assessment and Quiz
        • Module 9 Answers
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