Module 9: Report Writing and Testifying in Court

Objectives

• To understand how to convey physical and psychological evidence in a written medical report
• To be familiar with the content of written forensic reports
• To be able to formulate appropriate interpretations and conclusions in a medical report and convey them to adjudicators
• To be able to address the problem of inconsistencies in an individual’s case
• To be familiar with general guidelines in providing expert medical testimony in court
• Written reports
  • General Considerations
  • Content of Written Reports
  • Conclusions
  • Guidelines for Medical Evaluations of Torture and Ill-treatment (Istanbul Protocol, Annex IV)
  • Inconsistencies
• Providing testimony in court
  • Court testimony guidelines and maxims
• Course Evaluation

Discussion Topics

• Group Activity: Mock Judicial Proceeding: see below
• Discussion on international and country-specific challenges for torture prevention and accountability
• Discussion on the role of health professionals in improving:
  • Investigation and documentation of torture and ill-treatment
  • Country-specific measures for torture prevention and accountability
  • The protection and promotion of human rights
• Develop a plan of action with short-term and long-term strategies for torture prevention and accountability
• Course evaluation

Teaching Formats

• Group Activity: Students will have the opportunity to practice “testifying in court” on their evaluation findings from Modules 7 [1] and 8 [2]. They should have written up their findings (as individuals or small groups) for both (or one as per the instructor) in advance of the Module 9 class so they can use it for their expert testimony. Ideally, each student should have an opportunity to practice testifying on their medical evaluation findings for at least one case. Depending on the time available instuctors should consider the following options:
  • Student groups can be divided so that there are between 2 and 4 students per group. The instructor(s) should periodically check on each group to assess progress and address any questions or concerns that may arise. One or more students should assume the role of the medical expert and one or more students should assume the role of a cross-examining lawyer (or prosecutor/judge). Consider the following questions for the “cross-examining lawyer:”
    • Describe your qualifications as a clinician, in general, and as an expert on the physical and psychological evidence of torture.
    • Were you paid to conduct this evaluation?
    • Did the attorney, with whom you are working, prepare you for this court hearing? If so, how?
    • Describe your primary findings (physical and psychological).
    • What are the possible causes of the findings you described? Are there other possibilities?
    • Is it possible that the physical injuries were self-inflicted, by another inmate, or in the course of a struggle with police/security forces.?
    • Is it possible that other traumatic experience which happened before or after the alleged torture are the cause of the detainees psychological symptoms?
    • Was a proper chain of custody maintained for the collection of evidence?
    • What are your conclusions regarding the detainee’s allegations of torture and ill-treatment
    • Did you find the detainee credible? Why or why not?
    • Were there any inconsistencies observed in your evaluation? How do you explain these?
    • How do you know that the detainee is not faking the symptoms that he/she alleges?
    • Do you have any additional recommendations?
  • If there is adequate time, both cases (Case #01 and #02) should be presented and each student should have the opportunity to assume the role of the medical expert and the cross-examining lawyer at least once. If there is insufficient time, it may be advisable to have half of the students work on Case #01 and the other half work on Case #02.
  • Alternatively, one or two demonstration(s) may be conducted for the entire class and students asked to volunteer for the role of the medical expert and the cross-examining lawyer. The instructor may choose to have students work in teams to ensure that each student has an opportunity to serve as medical expert and the cross-examining lawyer.
  • A single demonstration evaluation by the instructor may be another possibility, with student interaction during and/or at the end of the testimony.
  • Individual online users of the Model Curriculum may review all materials contained in Modules 9 complete their own medical report and answer practice with a friend to answer the suggested questions by the cross-examining lawyer above.
• Individual Research/Assignment:
  • Individual online users of the Model Curriculum may review all materials contained in Modules 9 complete their own medical report and answer practice with a friend to answer the suggested questions by the cross-examining lawyer above.
  • Discuss international and country-specific challenges for torture prevention and accountability.
  • Discuss on the role of health professionals in improving:
    • Investigation and documentation of torture and ill-treatment
    • Country-specific measures for torture prevention and accountability
    • The protection and promotion of human rights D
  • Provide a plan of action with short- and long-term strategies for torture prevention and accountability.
• Journal Entry: (Instructor to assign; Write a few paragraphs — no more than a page)
  • Respond to one or more of the Discussion Topics
  • What is the overall value of this course and how can it be improved?
• Course Evaluation:
  • Students may be asked to fill out an anonymous course evaluation as per the instructor
  • The class should be given the opportunity to provide feedback as a group as well.

Primary Resources

• The Istanbul Protocol, Chapters IV, V, IV and Annex IV
• The Medical Documentation of Torture
• Medical Investigation and Documentation of Torture: A Handbook for Health Professionals
• Examining Asylum Seekers