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Part I: Recognition and usage
interest of combating torture, apart from protecting themselves, prison doctors have to be absolutely sure that there will
be no reprisals on those persons whom they speak to and who
will have to give them not only their testimonies, but also their
trust. Unless the prison doctor is certain s/he can guarantee
the safety of any prisoner interviewed, documentation should
not be pursued. It is paramount, when interviewing prisoners
willing to talk about their ordeal, to clarify what and how any
information obtained can be used. Any information, personal
or otherwise, that the prisoner may request not be used, will
be kept confidential, as within any normal doctor-patient relationship.
Another risk that the doctor must consider at all times is
the risk of re-traumatisation of the tortured prisoner. Therefore, the prisoner must never be forced to relive past events in
the interest of documentation. In order to sufficiently protect
the prisoners, informed consent should be a sine qua non condition for using any of the information about torture provided
by prisoners during interviews.
Physicians coming from the outside might not have the
same knowledge about the pertaining situation as the local
prison doctor and must therefore be especially sensitive to the
local conditions and the present risk factors. This relates both
to psychological, cultural and religious specificities of the prisoners when conducting interviews and the need to conduct the
interview without putting the prisoner at risk of retaliation.
Conclusion
The documentation of torture by prison doctors is not an easy
task. Documentation of torture in prisons will be most relevant
in countries where torture is in fact common practice. In all
such places there is an inherent risk to prisoners who are interviewed, and this should be very seriously considered before
any documentation is carried out.
A local prison doctor will have experienced many difficulties that an outside physician will not have, mainly in getting
prisoners to trust him or her. Prison doctors are sometimes
rightly, but very often wrongly, seen as part of the system of
repression. It will be up to the prison doctor to obtain the
merited trust of the prisoners s/he wishes to interview.
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