16
Part I: Recognition and usage
• Not consistent: the lesion could not have been caused
by the trauma described.
• Consistent with: the lesion could have been caused by
the trauma described, but it is non-specific and there
are many other possible causes.
• Highly consistent: the lesion could have been caused
by the trauma described, and there are few other possible causes.
• Typical of: this is an appearance that is usually found
with this type of trauma, but there are other possible
causes.
• Diagnostic of: this appearance could not have been
caused other than in the way described.
In practice, these conclusions need to be developed in an MLR
to ensure the highest possible level of accuracy. For example,
the definition of the term “highly consistent” states that there
are a few other possible causes for the lesion. Relevant alternatives must be listed, and reasons given for the preference of
the other option. These alternatives need not be speculative.
For example, scars on the elbows and knees could be the result
of military training if the person is a man known to have been
conscripted into the army, but need not be discussed as a differential for a female student who has never undergone military training.
The use of the term “not consistent” generally leads to
the assumption that a person is fabricating or embellishing
an account of torture. This may be appropriate, but there are
circumstances in which an understandable mistake has been
made, and this needs to be explained. For example, someone
who suffers an acute rupture of the Achilles tendon when
running will often feel that he or she has been hit in the ankle,
although this is not the case. It should be emphasised that
there is no causal link between the finding of “not consistent”
and a possible fabrication of evidence.
After detailing individual physical signs and an analysis
of the psychological state, the Istanbul Protocol also recommends utilising the terminology above when making a conclusion of opinions on the general consistency between the
person’s account of ill-treatment and the overall pattern of
physical and psychological findings.
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