IRCT REGIONAL REPORT 2016
note
The PROTECT project is an identification tool initiated by experts
providing rehabilitation services to torture victims. PROTECT was
led by IRCT member centre Parcours d’Exil, in France, along with 11
other EU-based NGOs providing holistic rehabilitation services. Key
objectives were to enhance the identification of torture victims in the
asylum process and to raise awareness of the need to facilitate their
access to immediate health care and treatment.
The tool consists of a questionnaire, designed to check for the signs
and symptoms of the most common health problems encountered
by asylum seekers who may have suffered traumatic experiences,
mainly PTSD and depression. This screening checklist has been
devised so that nonmedical personnel, such as immigration authorities,
civil servants, border guards or other stakeholders accessing
asylum-seekers can use it in the early stages of the procedure.
The checklist assists the identification of vulnerable persons who
have suffered severe traumatic experiences or who are suffering
from other severe psychological distress in order to provide them
with: (i) adapted material reception conditions, (ii) appropriate
physical and mental health care, and (iii) adequate support through
their asylum application. As a second step, the asylum seeker should
have access to a full psychiatric or psychological diagnosis, if necessary
according to Istanbul Protocol standards.
Medico-legal reports
Article 18 of the Asylum Procedures Directive stipulates that Member States must arrange for a medical examination
where they deem it relevant if the asylum seeker shows “signs that might indicate past persecution or serious harm”.
Furthermore, when asylum authorities request a medical examination, Article 18 also obliges Member States pay for it out
of public funds. However, several IRCT members participating in this report noted that the provision of MLRs is not always
guaranteed in practice. They note that the Directive does not impose a strict obligation on Member States to provide MLR
services to asylum seekers and that asylum authorities exercise broad discretion in deciding when such a medical examination
may be “deemed relevant”.
This is particularly problematic because Article 18(2) of the Asylum Procedures Directive stipulates that in cases where
the asylum authorities do not request a medical examination, asylum seekers must themselves arrange to cover the costs.
For many victims, this cost renders essential medical evidence of their torture claims inaccessible. This creates a risk that
valid protection claims will be rejected on the basis of incomplete evidence resulting in torture victims being sent back to
their countries of origin where they are at risk of repeated torture and ill-treatment. It may also result in avoidable appeals
and delays in the procedure to the detriment of the individual applicants and the broader functioning of the asylum system.31
page 40
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