Part I: Recognition and usage
22
Doctors in prison:
documenting torture in detention
Introduction
By Dr Hernan Reyes
International Committee of
the Red Cross
The documentation of torture inside a prison raises a number
of issues specific to the fact that the people being interviewed
are still in custody. Quite obviously there will be pitfalls to
avoid and safeguards to ensure, which may not be relevant
when documenting torture within the relative safety and calm
of a centre for torture survivors. In a prison, the prisoners who
have suffered ill-treatment and torture are potentially still at
risk and this will condition the way doctors document ill-treatment and torture inside prisons and other places of custody.
The two main issues to be addressed are how the doctor can
establish trust with the prisoner and how the doctor should
relate to potential risks posed to him/herself and/or the prisoner. The following analysis focuses on these two elements
and the specific considerations that prison doctors must take
into account when monitoring detainees.
Establishing the trust of the detainee
A prison doctor will often be a part of the custodial system,
paid by the authorities and thus seen by the prisoner as being
“on the other side of the bars”. Such a doctor is perceived very
differently – and is indeed in a totally different situation – from
a physician coming to the prison from the outside world, quite
possibly even from another country. Prison doctors often will
not have the trust of the prisoners in their care, all the more
so if the prisoners have been tortured by the very authorities
the prison system represents. This situation can be further exacerbated if (other) doctors have participated in torturing the
prisoner. The prison doctors will be seen, at best, as having
split loyalties. Thus, for a prison doctor the most important
factor in documenting torture will be obtaining the trust of the
prisoners, without which any objective documentation will be
impossible.
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