Training

Content of Written Reports

The examiner should be prepared to address the following in his or her written report or affidavit:

  • Assess possible injury and abuse, even in the absence of specific allegations by individuals, law enforcement or judicial officials;
  • Document physical and psychological evidence of injury and abuse;
  • Correlate the degree of consistency between examination findings and specific allegations of abuse by the patient;
  • Correlate the degree of consistency between individual examination findings with the knowledge of torture methods used in a particular region and their common after-effects;
  • Render expert interpretation of the findings of medico-legal evaluations and provide expert opinion regarding possible causes of abuse in court hearings, criminal trials and civil proceedings;
  • Use information obtained in an appropriate manner to enhance fact finding and further documentation of torture.

First, the affidavit should recite the educational and professional qualifications of the medical professional. Prior experience examining survivors of torture and trauma should be highlighted, as should any experience working with individuals who suffer from common psychological symptoms such as PTSD and Major Depression. In addition, the professional’s participation in training (such as this Model Curriculum) and seminars relating to torture survivors should be included. If the professional is working in consultation with, or under the supervision of, other medical professionals or specialists, those professionals should also be listed. If the professional conducted the examination on a pro bono basis, or was referred to the case through a human rights organisation, these facts should be included. A copy of the medical professional’s resume or curriculum vitae (CV) should be attached to the affidavit. Some courts may require that the expert witness list the reason for the interview, who requested it, and a list of any background documents read beforehand.

Generally a written report contains the following components:

  • The account of the event(s) as described by the individual. As explained in Module 3 [1], this should detail events during arrest and conditions of any detention (e.g. prolonged solitary confinement) since these conditions in themselves may produce physical and psychological sequelae. The account should further detail specific events and methods of torture, both physical and psychological, during actual interrogation. If there are internal inconsistencies in the narrative, or if it contradicts testimony given elsewhere (for example, to a legal adviser), this must be explained.
  • A description by the individual of his or her physical and psychological symptoms and signs at the time of alleged ill-treatment, and an account of how these symptoms evolved with or without medical treatment.
  • A description of the individual’s physical and mental health at the time of the interview(s) and, if he or she has been seen over a period of time, how they have changed with treatment and as a consequence of concurrent events.
  • A note of any medical treatment in detention, or any treatment that was requested but denied.
  • An account of the physical and psychological findings from the interview(s). This should include the demeanour at different times of the process (including any contact before and after the interview(s)), the results of any psychological assessments, a detailed account of the physical examination, and the results of any investigations performed.
  • The professional opinion on the likely causes of these findings, discussing other relevant possible causes of those lesions attributed to torture. There should also be a summary, and the conclusions of the overall evaluation. (Note: it is advisable to separate the findings and the opinion into separate sections, as this makes it clear to any court which is which.)
  • Provide any relevant recommendations for additional tests, consultations, and/or the need for treatment services.

Depending on the intended forum, a summary of the findings of other team members could also be needed, or each might need to provide a separate report. Copies of x-rays, photographs or other reports also can be attached to the affidavit where appropriate and available.

Some trial attorneys and judges have objected to affidavits in which medical professionals recite information provided by the alleged torture victim to the professional. It is generally preferable for the medical professional to avoid a detailed recitation of every statement made to him/her by the individual. The individual’s own affidavit in the case will provide those details. Some statements will, of course, need to be included in order to explain the medical professional’s conclusions. To the extent that the professional needs to include this information to explain the basis for his/her conclusions, the professional should be careful to state only that the individual “states” or “reports” that a specific incident occurred. Such an approach is the safest, because, even if the professional believes the individual, the clinician is only reporting “hearsay” information. Failure to use such language has sometimes been used to undermine the credibility of medical affidavits.

When writing reports, health professionals should comment on the emotional state of the person during the interview, symptoms, history of detention and torture, and personal and family history prior to torture. Factors such as the onset of specific symptoms in relation to the trauma, the specificity of any particular psychological findings, as well as patterns of psychological functioning should be noted. Additional factors such as forced migration, resettlement, difficulties of acculturation, language problems, loss of home, family, social status, as well as unemployment should be described. If a formal psychiatric diagnosis is given, the reasons should be explained. See Clinical Interpretation, Module 6 [2], for a more detailed discussion of the interpretation of psychological evidence of torture.

The examiner should be prepared to address the following in his or her written report or affidavit: Assess possible injury and abuse, even in the absence of specific allegations by individuals, law enforcement or judicial officials; Document physical and psychological … Continue reading

Purpose of Torture

There are several purposes which torture can serve but the broad objectives include the maintenance of social control, the defence of ruling regimes and the suppression and punishment of political opponents and suspected criminals. In practice this means that torture is frequently used in interrogations to force confessions. In some police and security forces, torutre is a short-cut to “effective” policing through which officers can quickly gain convictions via confessions. However, torture is also used for other purposes: to disable political or social activists by intimidation or the infliction of serious trauma, to ensure compliance and collaboration from people so that they will infiltrate and/or testify agtainst suspected “enemies” of the government. Torture and other forms of violence can be perpetrated to assist ethnic cleansing, the expulsion of one or more ethnic groups from the territory claimed by another. The social views or political stance or ideology of people who have thus been brutally tortured are immaterial to those perpetrating the torture. More generally, torture can be used to induce in a population a sense of terror. And of course, wher toture has become institutionalized or where police can act with complete impunity, the threshold at which torture is seen as an appropriate tool can decrease. Moreover, torture can occur where there is no obvious purpose. There have been numerous examples recorded of individuals being arrested and tortured solely because they were, by chance, present in a location where alleged criminals or political targets of the authorities were present. No amount of torture would make them reveal information they do not have (though of course they could be induced to confess to some illegal activity in which they have not participated).

The power of torture to evoke confessions as well as to induce fear in the person under threat of torture has led some law enforcement officials to use it for their own ends. In some countries, police or prison officers have extorted money from detainees by the threat of, or actual, infliction of torture. And prison guards threatened with having their already low wages furhter cut if a prisoner escapes, may not histitate to use violent forms of repression against prisoners.

The targets of torture are a mix of those who have long been recognized as potential victims–foremost, political or military opponents of the ruling power–as well as others who are under-recognized as targets of torture: alleged criminals, the poor and marginalized, and ethnic minorities (both in their country or origin and as asylum-seekers). Some victim groups do not fit into traditional understandings of political torture: sexual minorities, religious groups, women and children (particularly vulnerable when used as a weapon against male family members), civilians caught in civil wars or in conflicts across borders and “accidental” victims–those who are arrested because they have the misfortune to be in a place where security agents are carrying out arrests.

There are several purposes which torture can serve but the broad objectives include the maintenance of social control, the defence of ruling regimes and the suppression and punishment of political opponents and suspected criminals. In practice this means that torture … Continue reading

Multidisciplinary approach to documentation

Although straightforward allegations of torture can be documented by a health professional on his or her own, the investigation and documentation of torture is ideally a joint effort to be carried out by a number of actors with expertise in different fields. These usually include a lawyer, health professional and human rights monitor. Others who play an important part in the effort are judges, the police, the media, and of course the individuals and their families.

Although straightforward allegations of torture can be documented by a health professional on his or her own, the investigation and documentation of torture is ideally a joint effort to be carried out by a number of actors with expertise in … Continue reading

The UN Committee against Torture

The Committee against Torture is a body of ten independent experts established under the Convention against Torture. It considers reports submitted by States Parties regarding their implementation of the provisions of the Convention and issues concluding observations. It may examine communications from individuals, if the state concerned has agreed to this procedure by making a declaration under Article 22 of the Convention. There is also a procedure, under Article 20, by which the Committee may initiate an investigation if it considers there to be ‘well-founded indications that torture is being systematically practised in the territory of a State Party’.

A new Optional Protocol was adopted by the UN General Assembly in December 2002. This established a complementary dual system of regular visits to places of detention in order to prevent torture and ill-treatment. The first of these is an international visiting mechanism, or a ‘Sub-Committee’ of ten independent experts who will conduct periodic visits to places of detention. The second involves an obligation on states parties to set up, designate or maintain one or several national visiting mechanisms, which can conduct more regular visits. The international and national mechanisms will make recommendations to the authorities concerned for the purposes of improving the treatment of persons deprived of their liberty and the conditions of their detention.

The Committee against Torture is a body of ten independent experts established under the Convention against Torture. It considers reports submitted by States Parties regarding their implementation of the provisions of the Convention and issues concluding observations. It may examine … Continue reading

Duties of the health professional

Health professionals have a duty to treat all patients without any form of discrimination and to provide treatment based only upon medical criteria without outside influence. In cases where torture or other ill-treatment is suspected, the health professional must keep in mind that these are crimes under international law, and probably domestic law. Therefore, irrespective of what the individual may be suspected, charged or convicted, the health professional’s duty is to document objectively any psychological or physical findings and, where pertinent, provide treatment or referral to colleagues for treatment. Thus those who become aware of torture have a duty to act, both to relieve the suffering and to document the evidence. To do nothing may be seen as acquiescence and as compounding the abuse. On the other hand, when choosing a course of action, consideration also needs to be given to the torture victim’s situation and how the risk of reprisals can be avoided or minimised.

Health professionals have a duty to treat all patients without any form of discrimination and to provide treatment based only upon medical criteria without outside influence. In cases where torture or other ill-treatment is suspected, the health professional must keep … Continue reading

Interview Settings

Medical evaluations of torture allegations should be conducted at a location that the clinician deems most suitable. The clinician should ensure that the interviewee, particularly if the interviewee is a detainee, is not forced into accepting a place which is not comfortable and safe. In many situations it is not possible to control the environment of the interview (for example in police stations and prisons), and the interviewer will have to make the best of less than ideal conditions. However, the basic principles on interviewing should be adapted and applied as far as possible to the different contexts. The clinician should make sure to explore all opportunities to establish a setting which is as private, safe and comfortable as possible. Attention should be paid to arrange the room in a way that it is not reminiscent of an official surrounding and the process of interrogation.

Sufficient time should be allotted for the interview and arranged in advance. A two­to-four hour interview may be insufficient to conduct an evaluation for physical or psychological evidence of torture. A second, and possibly a third, interview may be needed to be scheduled to complete the evaluation. If the evaluation is taking place under time constraints, the information gathered and the outcome of the interview might be limited. Such constraints and limitations should be noted in a medical evaluation.

If possible:

  • The room should have appropriate physical conditions (light, ventilation, size, temperature).
  • There should be access to toilet facilities and refreshment opportunities. It would be good to have water and tissues within the reach of the interviewee.
  • The seating should allow the interviewer and interviewee to be equally comfortable and at an appropriate distance, to establish eye contact, and see each others’ faces clearly.

Medical evaluations of torture allegations should be conducted at a location that the clinician deems most suitable. The clinician should ensure that the interviewee, particularly if the interviewee is a detainee, is not forced into accepting a place which is … Continue reading

Conducting Interviews

Psychological Evaluation #2

(based on an asylum evaluation conducted by Dr. Uwe Jacobs, Ph.D. on May 8 2001, San Francisco, CA, USA)

Conditions of Interview

Prior to this psychological evaluation, Mr. Doe and his client agreed to the condition that I approach the assessment with no particular result in mind and that I would exercise independent professional judgment on all aspects of this evaluation. Further, the payment of fees would not be connected to the contents of any report or consultation or any particular finding or recommendation on the matter in question.

Prior to commencing the interview, I informed Mr. __ that confidentiality is limited in a forensic psychological examination. I further informed him that I would discuss my findings with his attorney and write a report that his attorney could submit as evidence to the court if deemed helpful. He indicated that he understood my role to be that of an objective evaluator and that a forensic evaluation was not psychological treatment. I further informed Mr. __ that I had reviewed the asylum declaration prepared by his attorney and that I would be reviewing the entire history with him once more.

I interviewed Mr. __ on 4/27/01 for a total of about 5 hours face-to-face at the offices of Survivors International, San Francisco. In addition, I administered the Hopkins Checklist-25 (HCL-25), the Trauma Symptom Inventory (TSI), and the Harvard Trauma Questionnaire (HTQ). Present for the evaluation were Mr. __, myself, Ms. Erika Falk (Survivors International Intake Coordinator and Psy.D. candidate), and Mr. __, who functioned as interpreter and provided limited collateral information where indicated. Prior to the interview, I reviewed the following history and background information which was provided by Mr. __ during the face-to-face interview.

Relevant History

Mr. __ was born and raised in __, a little village near __ in Region ­__ of __. His date of birth on all records has been 5/6/71. However, he states that this date of birth was registered falsely and that he is approximately three years younger. He cannot state his exact and true date of birth and has always used the one given to him. His father registered his sons as older so that they would be done with the compulsory military service sooner and “begin life earlier”. He adds that this was common practice in his geographical area. Mr. __ is the youngest of six children and spent the later part of his childhood alone with his parents after his siblings had all moved away to __. He completed five years of compulsory formal education and was working on his father’s farm from a young age. He briefly stayed with a relative to start a secondary education about 100 km away from his village, but soon returned home to work on the farm.

Mr. __ describes his early family life as harmonious and states that his father was generally more lenient and loving than most fathers. His mother was a homemaker and took care of the household and family. He states that he does not have a very clear memory of his childhood overall, except that he was always working and that his only pastime was riding horses. When he was about 15, the family moved to __, near __. His father had a job as a night watchman and he worked as an apprentice in welding. The interpreter adds here that child labor is illegal in __ but rather commonly practiced.

When asked about the reason for the family’s move, __ states that most of the other 300 families of the village had already left because of the increased clashes between the army and the guerilla army __. He also states that he does not remember seeing any of this activity himself, and that the older people in the village discussed it. Mr. __ does not describe a strong identification with his ethnic __ background and states that he gradually lost a lot of the __ language he spoke as a young child. In addition, he says that he did not grow up with a sense of tension between the ethnic __s and other groups in his village and that some families spoke __ language, others spoke the language of the majority, and yet others spoke dialects he could not understand.

Mr. __ was drafted into the army approximately three years following the family’s move to __. He was sent for basic training to __, which lasted 3 months. Subsequently, he was sent to become a member of a commando unit that fought the guerilla army __ in the __ region. He states that this was the worst experience he had ever had. He was involved in an estimated 10-15 battles, at times being forced to shoot at targets he could not even see. He had to spend long periods of time in the mountains, in both summer and winter, and suffered from constant sleep deprivation and poor nutrition. He saw comrades wounded and killed. One friend who was from a village near his own was mortally wounded in one of the clashes. He helped dispose of his body when the fighting had ceased. When asked about having suffered any differential treatment because of his ethnic __ identity, he states that he often heard rumors about ill-treatment but did not experience it directly, except for the constant derogatory remarks that were made about the “illiterate” ethnic __s. He says that he felt hurt inside by this, but that in the army one has to do what one is told. When asked about his feelings regarding fighting people of his own ethnic group, he became very gloomy and refused to discuss this further. When asked why, he simply stated that there are things in life that are better not discussed.

Due to his active combat duty, Mr. __ was released after 15 months of service instead of the usual 18 months. After returning to __, he stayed at home for the first two months and felt like he literally could not move. He had difficulty breathing, experienced chest pains, thought he was dying, and never went out for fear of falling down and passing out and being publicly embarrassed. He went to see a physician, who gave him a prescription and advised him to go out and try to do things he finds enjoyable. He states that the pills did not make him feel any better, but rather made him feel even emptier inside, so he discontinued taking them. However, he did follow the doctor’s advice, started going out, began to feel better, and eventually met the woman who later became his wife.

Mr. __ explained that he was discovered as a musical talent by his teacher in elementary school and has always been a singer. He met his wife while singing at a wedding in 1994-1995. He began his singing career mostly by singing at weddings but increasingly got more work, gave some concerts, and made a couple of recordings as well. He states that he was doing well financially because he kept his welding job and made as much money from singing as he made at welding. During this time, he increased his repertoire of ethnic __ folksongs, which he learned from colleagues who were more familiar with the language and culture than he was.

On May 21, 1995, Mr. __ had been invited by a production company to perform in a concert for the traditional ethnic __ coming of spring celebration. This was an important event for him, as he expected more and better work as a result of this appearance. He was performing together with a female ethnic __ musician by the name of Ms. __. While performing ethnic __ songs they were interrupted by two policemen who jumped onto the stage, separated them, and pushed them into the background, saying things like “Don’t you know you’re not supposed to sing in ethnic __ language?” and “Why are you provoking this audience?” The crowd booed the officers. Mr. __ and Ms. __ were arrested and taken to the police station separately and kept separated upon arrival at the police station. Mr. __ was detained for about 12 hours. His possessions were taken from him and returned upon release. During this explanation, Mr. __ looked around the interview room and stated that his holding cell had been similar in size but the windows were smaller, the walls were white, and there was no clock that he could see.

Mr. __ was forced to sit in the same chair for 12 hours and was not allowed to use the restroom when he requested to use it. The officer let him use the restroom about 1-2 hours after he had asked. Mr. __ asked to make a phone call and was denied. He was denied water and cigarettes. He was constantly talked at for the entire time he was there, being told over and over that he was not supposed to sing in ethnic __ language. He was interrogated about who had organized the event. When asked about his feelings, he stated that he was feeling very irritated in recounting this event, that his visual recollection was vague but felt very real at the same time. When asked, Mr. __ stated that he still has a newspaper clipping in his possession from this event, the headline of which reads something like “Local Artist Arrested”.

Regarding his later arrests, Mr. __ states that he does not remember precise dates but only the seasons and years. It was difficult to ascertain these dates during the rest of the interview, as Mr. __ was not telling the story chronologically as he described events and there were a few misunderstandings. There might therefore be some discrepancies between the dates identified in this report and those specified other documentation.

In 1996 there was at least one incident of police harassment in connection with Mr. __’s involvement with a musician’s association that helped artists get engagements and allowed them to learn from each other. The organisation’s founder is named __. Policemen visited Mr. __ at home on one occasion while he was playing with his child. The doorbell rang and he asked his wife to open the door. Two policemen charged in, insulted him in front of his wife, a fact about which he is particularly bitter, and threatened to beat him up. He was interrogated about the purpose of the musicians’ organisation and a large record collection and scores of regional folk music were confiscated.

Another incident occurred in 1997 while Mr. __ was singing for a group of striking workers at the factory where he had once worked. The strike and the performace had been organized by a labor union. He was accompanied by drums and reed instruments. When he and his friend Mr. __, with whom he had worked at the factory for some time, left the factory, the police stopped them within a block, checked their ID’s, and took them to the police station. They were separated from each other and Mr. __ was interrogated. The police accused them of being members of the __ party, which is an underground organisation and apparently stands for __ __ __, an organisation Mr. __ had never heard of. The police told him they knew who they were and threatened that if he did not tell them about his friend Mr. __, they would electrocute his genitals and he would be impotent for the rest of his life. They also threatened that he might not ever see his wife and children again.

At this point in the interview, the interpreter adds that Mr. __ had instructed him not to translate the part about the electrocution of his genitals. I asked him to inform Mr. __ that he had done so, which resulted in an angry face and disgusted gesture on Mr. __’s part. I then reminded him that this was also detailed in his declaration and the interpreter stated that when he had helped prepare the declaration Mr. __ had also requested that it not be translated. However, the interpreter was advised by the attorney that these details were important.

Mr. __ went on to say he was not, in fact, electrocuted but that the officer repeatedly twisted his arm and frequently hit him on his chin with the palm of his hand, which may not seem very bad now but was very uncomfortable at the time (he gestured to demonstrate the way he was hit). He was so uncomfortable that he considered making up a story about his friend Mr. __ in order to get away but did not. He was also pushed around and detained for close to 24 hours. After his release, he never saw his friend Mr. __ again. Mr. __ says that he feels ashamed of this now, but he never inquired about his friend because he was scared by the threat of electrocution and feared for the future of his child and his wife, who was pregnant with their second child at the time.

In 1998 a similar incident occurred in which two officers reportedly came to his apartment and took him to the police station. On this occasion, Mr. __ was interrogated about an artist named __ and other members of the musician’s association. The officers harassed him by saying things like, “Don’t you know that the __ flag is only __ and __ colors?” Officers twisted his arm, pushed him around and told him to shut up. Mr. __ describes this as “sort of harmless”, i.e., it did not result in injury, but says that he felt very afraid at the time. Mr. __’s colleagues later told him that they were detained and interrogated about him in similar fashion.

The latest event that prompted Mr. __’s decision to leave the country is one that was not listed in the declaration that was made available to me and seemed to arise almost by accident. Mr. __ did not seem to want to discuss this event, even though it is a crucial piece of his persecution history. He added that he still sees this event vividly and that he felt very uncomfortable discussing it. One night after walking home from one of his wedding engagements, he was suddenly attacked, had a sack put over his head and upper body, and was beaten up and repeatedly kicked. He was carrying money but nothing was stolen from him. After he was left in the street, he found that his nose was bleeding. He sustained no lasting injuries but had aches and pains that lasted for days. He did not want to face his wife in this condition so he went to a public restroom in a religious compound and cleaned himself. He decided to return home much later, around 3-4 a.m., and he did not tell his wife the details of this event. He did tell his brother-in-law, however, who advised him to “leave now”, and suggested fleeing to either Germany or the United States. Mr. __ added that even Romania seemed an alternative, but the brother-in-law opined that the United States was good and that the people there appreciated music. Earlier, Mr. __ had stated that he never wanted to come to the United States in the first place but that his brother (by whom he meant his brother-in-law) had made him come.

Mr. __ states that he had no idea what political asylum meant when he arrived and that he learned of this only through his conversations with his translator, a man whom he had met at a local restaurant and to whom he had opened up about his experiences over time.

Medical History

Mr. __ denied any significant medical history apart from the psychiatric history following his combat experiences as described above and the presence of headaches in conjunction with his current psychological state. He uses over the counter medication for these headaches in low-moderate dosage and frequency. He described himself as generally healthy and denied any history of surgeries and accidents.

Psychological Assessment

The following conclusions are drawn from the individual interview of Mr. __ and psychological testing (HCL-25, TSI, HTQ).

Behavioural Observations/Mental Status Exam:

Mr. __ appeared on time for the interview and was appropriately dressed and groomed, looking his stated age. He was alert, fully oriented, pleasant and cooperative throughout the evaluation. There were no gross abnormalities in movement or posture on observation. Sensory functions and motor functions appeared to be intact. He appeared to possess high average intellectual ability, with good insight and judgment, although he was not well educated by Western standards. He became distressed when discussing particular events and admitted to feeling irritable while discussing sensitive details. Speech appeared clear and fluent, and there was no evidence of delusions, hallucinations or psychotic thought processes. Remote memory was intact. Attention appeared intact. Concentration and working memory could not be formally assessed but Mr. __ reported that they were impaired. Mood was depressed and affect was constricted. There was no evidence of suicidal or homicidal ideation.

Psychological Findings:

Mr. __ obtained a psychological profile on the TSI and HTQ that is highly suggestive of Posttraumatic Stress Disorder. Validity indicators suggest that he answered test items in a straightforward and internally consistent manner. There was no sign of dissimulation and results were valid for interpretation. Mr. __ reports the following psychiatric symptomatology:

  1. Persistent Reexperiencing of Traumatic Events and Avoidance Behaviour: Mr. __ evinced intermittent distress while recounting traumatic events as well as profound discomfort while discussing relevant details, particularly in relation to experiences he considered embarrassing according to his cultural norms. His discomfort was also a reaction to the fact that he was experiencing an active, intrusive recall of events, especially in relation to the last assault he suffered before leaving the country. He reported nightmares from which he awakens in a sweat. The content of his dreams includes trauma-related material to varying degrees, but usually not precise repetitions of actual events.
  2. Persistent Symptoms of Increased Arousal: Mr. __ suffers from poor sleep throughout the night and wakes up frequently. He states that this continues to be quite a problem, even though it has improved since he first arrived in the United States. He also startles easily, jumping in response to any kind of sudden noise. He feels that his concentration is impaired. He describes wandering through the city and not being able to find a major street, even though he has been there many times. He cannot concentrate on reading, even on familiar subjects in his national language. He has wanted to learn English but has had great trouble studying. Rather than studying from books, he has now begun to use tapes.
  3. Dissociative Symptoms: Mr. __’s most frequently cited complaint is that his mind “goes blank” for minutes at a time. He finds it rather distressing to have this symptom; he feels that at times his mind is so empty that he feels he is going crazy. He then also has faint auditory illusions, for example the repeated experience of hearing a whistle when no one is whistling. He states that he hates that experience.
  4. Somatic Complaints and Anxiety Symptoms: Mr. __ has a history of panic and anxiety symptoms dating back to his discharge from the military. The symptomatology described in terms of chest pains, shortness of breath, thoughts of death and dying and not leaving home for fear of fainting and embarrassing himself in public, constituted a diagnosis of Panic Disorder with Agoraphobia. This condition remitted without major treatment and on the advice of his physician to overcome his avoidance behaviour. Subsequent to the later events of persecution, these elements of panic disorder have reoccurred. Mr. __ frequently feels a lump in his throat, experiences shortness of breath and tingling and numbing sensations from his chest down through his extremities. He also suffers from frequent tension headaches that respond well to over-the-counter medicine.

Clinical Impression (Interpretation of Findings)












Conclusion and Recommendations












(based on an asylum evaluation conducted by Dr. Uwe Jacobs, Ph.D. on May 8 2001, San Francisco, CA, USA) Conditions of Interview Prior to this psychological evaluation, Mr. Doe and his client agreed to the condition that I approach the … Continue reading

Providing Testimony in Court

The main purpose of appearing in court is to present orally the material that has been submitted in the written report and to respond to questions from lawyers and adjucators. A judge may admit a written report into evidence without the health professional appearing in court personally. However, the judge may give the report limited weight or even refuse to accept the written document if the health professional does not appear in court because there is no opportunity for cross examination. For this reason, and because the oral testimony can more strongly substantiate the consistency with the clinician’s own testimony, it is preferable for the clinician to appear in court personally.

The tone and style of the hearing may vary considerably depending on the case, the judge, and the lawyers involved in the case. It is best for the health professional to be prepared for a challenging and even adversarial attitude, although this may not be the case. Prior to the court date, the individual’s attorney should arrange a meeting with the assessor to discuss the clinician’s testimony and to review the specific questions that the attorney might ask.

The clinician should bring to court all of the evidence that has been used in the affidavit, such as diagnostic imaging films, laboratory test reports, photographs and neuropsychological assessment reports.

Once in court, the first step is certifying the clinician as an expert witness. An expert witness is someone who, by virtue of knowledge, training, education, or experience, qualifies to offer expert testimony with regard to a particular subject area. Often, this certification will be a fairly simple process, with the clinician’s curriculum vitae serving as the basis for expertise. On other occasions, the judge or cross-examining attorney may challenge the clinician’s expertise. They may ask about the clinician’s specific area of expertise (e.g., torture, trauma, psychology, diagnosis). It is helpful to have considered this in advance with the attorney of the alleged victim and to arrive at a definition of expertise consistent with the clinician’s background and the needs of the case. Experience in assessing and working with trauma victims of any kind is, for example, relevant background.

The clinician’s testimony usually consists of a period of direct examination by the alleged victim’s attorney, during which time the clinician’s findings are presented, followed by cross-examination by the opposing attorney, and subsequent redirected questioning by the alleged victim’s attorney. Court proceedings may very considerably. In some cases, the judge will interject his/her own questions at any point in the proceeding. Sometimes there will be very little questioning from the judge and cross-examining attorney, and sometimes there will be very extensive questioning. Questions may take the form of information-seeking, and the attorney may present the clinician with the opportunity to educate the court about physical and/or psychological evidence of torture, as well as about this particular individual’s case.

Questions may also take the form of challenges to the clinician’s findings or the basis for those findings. One line of questioning commonly taken is: “How do you know what happened to the alleged victim? Do you have first hand knowledge? Aren’t you simply reporting what the alleged victim told you?” This question provides the clinician with an excellent opportunity to educate the court about the sources of his/her knowledge, including all of the components which go into the evaluation of physical and psychological evidence and the relevance of any additional historical information, including consistency of symptomatology with that seen in other traumatised patients and with commonly accepted professional standards such as the DSM-IV or ICD-10 and other diagnostic criteria. It may also be helpful to refer to the clinician’s application of Istanbul Protocol standards in his or her medical evaluation.

Another area of questioning may relate to cross-cultural factors: “What do you know about the respondent’s culture, about his/her country, or about how psychological response to trauma manifests in that culture?” Here, the clinician may refer to the analysis presented earlier concerning cross-cultural factors in assessment. The clinician can mention 1) expertise that he/she has with respect to the culture in question; 2) cross-cultural research on psychological trauma and symptomatology indicating the valid application of, for example, PTSD criteria across cultures; 3) skills in clinical listening and assessment which allow exploration of cross-cultural experience without being a specialist in that particular culture; and 4) common sense and face value components of the assessment process. This last factor should not be underestimated. When an alleged victim breaks into tears, explains how she was raped, nearly suffocated, threatened with death and says she is afraid that this may happen again, one need not be a cross-cultural expert to draw conclusions about her mental status.

In court, the finding of credibility is a legal matter that is the responsibility of the judge. The expert witness is one resource that the judge draws upon to make that determination. The clinician need not feel the compulsion to make that determination for the judge, and, indeed, judges may resent an expert who tries to do so. What the clinician can do is answer the questions of the attorneys and the judge as thoroughly and professionally as possible, along with his/her opinion about credibility, and let the judge arrive at his/her own conclusion. Indeed, there are many other factors in addition to expert testimony that go into the final decision.

Some general guidelines for oral testimony include the following:

  • Do not “react” to provocative statements.
  • Clarify questions that you do not understand before providing an answer.
  • Answer questions directly and succinctly. However, take the opportunity, when available, to editorialize and educate.
  • Do not offer opinions on subjects about which you are not qualified to comment.
  • Speak clearly, slowly, and make eye contact with whomever you are speaking.

Two excellent resources for any clinician preparing to testify in court are Stanley Brodsky’s Testifying in Court: Guidelines and Maxims for the Expert Witness and The Expert Expert Witness: More Maxims and Guidelines for Testifying in Court. Dr. Brodsky prepares the psychological expert for the most aggressive cross-examination of the expert’s credentials and conclusions. Perhaps the most helpful aspect of the books is the presentation of attitudes and appreciation of one’s own credentials as an expert, as well as exact phrasing to counter potential efforts to impeach one’s testimony. Though these guidelines and maxims were developed for psychological experts who testify in the United States, they may apply to other judicial proceedings. See Court Testimony Guidelines and Maxims [1], appended to this Module.

The main purpose of appearing in court is to present orally the material that has been submitted in the written report and to respond to questions from lawyers and adjucators. A judge may admit a written report into evidence without … Continue reading

Introduction

Purpose of the Model Medical Curriculum

The primary purpose of Model Curriculum is to provide health professional students with essential knowledge and skills to prevent torture and ill-treatment through effective investigation and documentation of these practises using Istanbul Protocol standards. The Curriculum was developed specifically for health professional students. Practicing clinicians interested in training other clinicians on the effective investigation and documentation of torture and ill-treatment should consider additional educational material developed through the PtD Project (see generic and country-specific Training of Trainers and Training of Users materials available at: http://www.irct.org/Purpose—principles-2715.aspx [2] [1]). Health professional students should seek to complement this curriculum with other educational materials that address the broader context of health and human rights, in an effort to promote health and human dignity through the protection and promotion of human rights.

Who Are These Educational Resources For?

Medical evaluations of physical and psychological evidence of torture and ill-treatment require students to have some basic scientific knowledge and clinical experience. The Model Curriculum is most appropriate for health professional students who have already learned anatomy, physiology, pathology, physical examination techniques, and have had some exposure to clinical medicine and psychiatry or clinical psychology.

The Model Curriculum was designed to be used by instructors who wish to teach a 10 to 20 hour course and by individual students or student groups. The Modules may be applied to a number of teaching formats including, seminars, lectures, and self-study. Instructors should contact the IRCT to access materials for instructor use only.

As mentioned above, clinicians and legal experts who are already in practise and have some familiarity with the investigation and documentation of torture and wish to implement Istanbul Protocol standards using a multiple-day symposium format should access PtD materials available at: http://www.irct.org/Purpose—principles-2715.aspx [2] [1].

The overall objective of the PtD Project is to make a substantial and tangible contribution to the prevention of torture and ill-treatment worldwide by conveying knowledge and skills to health and legal professionals about systematised and high quality investigation and documentation of these unlawful acts. The PtD training format includes national adaptation of generic, international material for the training of trainers and subsequent training of clinicians and legal experts. The PtD educational materials also may be helpful to train health professional instructors who intend to teach the Model Curriculum on the Effective Medical Documentation of Torture and Ill-treatment.

Purpose of the Model Medical Curriculum The primary purpose of Model Curriculum is to provide health professional students with essential knowledge and skills to prevent torture and ill-treatment through effective investigation and documentation of these practises using Istanbul Protocol standards. … Continue reading