IRCT REGIONAL REPORT 2016
European governments need to learn from
this experience and the existing expert
capacity in their countries and prioritise the
establishment or improvement of identification systems that effectively identify torture
victims and other vulnerable groups as
early as possible. Following identification,
they should ensure that:
Secondly, a credibility assessment remains the main tool for
determining asylum claims despite ample proof that torture
victims suffering from PTSD are unable to accurately recount
their experiences in a consistent way over time. This often
sees them determined to be unreliable or not credible.
As a result, torture victims with valid protection claims risk
being returned to countries where there is no rehabilitation
support and where they are at risk of being tortured again.
Learning lessons from the past
European countries have extensive experience in successfully receiving and rehabilitating torture victims from other
countries. In the 1970s and 1980s, more than a million
people from Latin America fled the brutal military dictatorships in the region and some found safety in European
countries. Many had harrowing experiences of torture
and found refuge and rehabilitation support through
IRCT members, who were able to offer them holistic
and individually tailored treatment.
• Victims have access to holistic rehabilitation
services and these services are adequately funded
• Victims are not placed in immigration detention
• Victims have access to a full medico-legal
examination of their torture allegations free of
charge – in accordance with the Istanbul Protocol
This experience has demonstrated that rehabilitation can
help victims rebuild a life after torture and become active
members of society in their host countries. Since then, IRCT
members and other rehabilitation providers in Europe have
provided rehabilitation to refugee torture victims from
all over the world, including from the Balkans, Iraq and
Afghanistan, and helped them integrate in and rebuild
their lives in European society.5
note
• Victims’ vulnerability and possible psychological
traumatisation is taken into account when
developing refugee status determination processes
The Manual on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – commonly known as the Istanbul Protocol – establishes internationally recognised standards and principles for the investigation and
documentation of allegations of torture and ill-treatment.
It provides guidance for health professionals on how to recognise and
document symptoms of torture to serve as valid evidence in court and
in asylum proceedings. Its adoption by the United Nations in 1999 gives
it global authority as an instrument that should be used to guide standards for the documentation and investigation of torture. By detailing the
process of documenting medico-legal evidence, the Istanbul Protocol’s
key objective is to ensure scientific and multi-disciplinary assessment of
credible evidence in order to contribute to achieving justice and to the
fight against impunity in cases of torture and other ill-treatment.
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