•• a full account of objective medical findings based on medical examination,
and
•• the doctor’s observations in the light of the previous paragraphs, indicating
the consistency between any allegations made and the objective medical
findings.
The record should also contain a description of the results of additional examinations,
findings made and treatment given. For the purposes of documenting bodily injuries,
there should be a special form with body charts for marking traumatic injuries. Further,
it would be desirable for photographs to be taken of the injuries.15
The need for documenting bodily injuries by way of photographing them is stressed
in the “Manual on the effective investigation and documentation of torture and other
cruel, inhuman or degrading treatment or punishment” – “the Istanbul Protocol”.16
Physicians examining a detainee must be able to ascertain the probability of violent
origin of injuries even in the absence of specific allegations by the patient. They should
also be able to document mental and psychological evidence of abuse and ascertain a
degree of consistency between the patient’s account of ill-treatment and the results
of the medical examination.17 To that effect, physicians may use terms such as “not
consistent”, “consistent”, “highly consistent” and “typical appearance”.18 Physicians
should use a standardized medical report form for documenting purposes.19
Descriptions of prisoner injuries used at Georgian penitentiary institutions do not
comply with the standards established by the Istanbul Protocol. Each prison keeps
“a journal for registration of traumas of accused/convicted persons”, in which the
healthcare personnel register injuries found on the body of a prisoner. The journal
requires the healthcare personnel to enter the following information: first name and
last name of the prisoner, time of discovering the injury, location and description of
the injury, origin of the injury, a physician’s signature and the prisoner’s signature.
However, the healthcare personnel will normally provide only a short description of the
injury and enter a note in the relevant section of the journal: “self-injury”, “everyday
life injury”, “injured by other person”. Physicians do not evaluate consistency of the
nature of the injury with the prisoner’s account of origin of the injury.
After injuries are found, standard documents about the healthcare services provided
are filled out and kept in the prisoners’ medical files. Currently, photographing
as a method of documenting injuries is not practiced in the Georgian penitentiary
institutions.
According to information we received from the Penitentiary Department of the
15
16
17
18
19
Ibid., par. 74
The Istanbul Protocol, par. 105.
Ibid., par. 122
Ibid., par. 187.
Ibid., par. 125
20 NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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