PART A – An overview of the Istanbul Protocol
9
II. THE IMPORTANCE OF MEDICAL PROFESSIONALS IN
THE DOCUMENTATION OF TORTURE AND THE NEED FOR
LAWYERS TO UNDERSTAND THE MEDICAL SYMPTOMS OF
TORTURE
Although the factors influencing the psychological responses to torture are not known
exactly, several aspects can have an impact
on the victim:
are closely linked with the psychological meaning of the trauma to the person,
which is socially, culturally and politically framed.
• The social context before, during and after torture: such as community and peer
resources and values and attitudes about
traumatic experiences; political and cultural environment; traumatic conditions
after torture; exposure to subsequent reactivating stressors – losses and changes
in the individual’s life during the post
trauma period also have a great impact
on the psychological response.
• The severity and duration of the traumatic
events, the circumstances and the nature
of the torture: It is difficult to make a hierarchical list of the severity of the atrocities on the individual and it is problematic to estimate objectively the degree of
severity. Humiliation, threat to beloved
ones or witnessing the torture of another
person may have a more profound psychological effect on the victim than to
suffer from electric shocks or falanga
[beating the soles of the feet], though
this may differ from person to person.
• The developmental phase and age of the
victim: although there is limited knowledge on factors that are related to torture
symptoms, in a more general context of
traumatic experiences, it has been determined that there is a relationship between the age of onset of the trauma, the
nature of the traumatic experience, and
the complexity of the clinical outcome.
• The perception, interpretation and meaning of torture by the victim: Individuals
react to extreme trauma like torture in
accordance with what it means to them.
The psychological reactions to trauma
In other words, personal variables such as
cultural and political background, gender,
age, losses during and after the torture, etc.,
are all factors that may influence the severity of the symptoms produced by torture. In
The Istanbul Protocol highlights the important role of medical professionals in the documentation of torture and sets out detailed
guidelines on methodology for obtaining
medical evidence, including the recommended content of medical reports.
It is important for lawyers working with torture survivors to know how torture can be
medically documented and how to recognise
the physical and psychological symptoms of
torture. This will not only help them to better understand their clients and assist them
but equally, such insights are extremely
important when lawyers lodge complaints
of torture or other forms of ill-treatment on
the survivors’ behalf. As recognised in the
Istanbul Protocol, lawyers and doctors need
to work closely together to effectively investigate and document acts of torture. Medical
evidence will help prove that torture has occurred. It will also assist lawyers to determine victims’ claims for reparations (e.g.,
restitution, compensation and rehabilitation). Similarly, lawyers will need to assess
whether the official investigation undertaken by the police or other competent body
took into account proper medical evidence
or whether they need to arrange for independent medical examinations to attest to the
victim’s version of the events.
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