Part I: Recognition and usage
14
Medical doctors:
the key to prevent impunity
By Dr Michael Peel
GP Clinical Lead for Hammersmith
and Fulham PCT based at HM Prison
Wormwood Scrubs
Formerly Senior Medical Examiner,
Medical Foundation for the Care of
Victims of Torture, London
Medical doctors are often among the first persons to come into
contact with a torture survivor after the incident. It is therefore crucial that doctors possess the skills to provide proper
treatment and documentation of the mental or physical injuries. To be effective, doctors must know what questions to ask,
which physical and psychological signs to look for, and how
to present the findings in a format making them admissible as
evidence in court cases. One of the purposes of the Istanbul
Protocol is to advise doctors and other clinicians about their
involvement in the prevention of torture, and particularly in
documenting its consequences.
Due to their expertise, doctors are essential facilitators in
any campaign against torture. Doctors can write medico-legal
reports (MLRs) based on examinations of survivors to be used
as evidence of acts of torture for a number of purposes. Doctors
can also provide therapeutic services to survivors for their immediate and long-term physical conditions, and inform people
about these processes. Finally they can provide education on
the ineffectiveness of torture and its moral and ethical consequences; also they can advocate for disciplinary processes
and, if necessary, legal processes to be commenced against
colleagues who have been involved in torture.
Medico-legal report writing
Clinicians can write MLRs for a number of purposes. These
include supporting those claiming assault by state agents,
those seeking redress from institutions and governments,
those seeking asylum in safe countries, and those documenting allegations of widespread ill-treatment for national and international human rights monitors.
MLRs cannot in themselves prove torture since the definition of torture includes other elements of crime such as the requirement that it is performed by or with the acquiescence of a
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