E. Specialized diagnostic tests
differentiate between those caused by torture and those
caused by other mechanisms. On examination of the anus,
the following findings should be looked for and documented:
233. Diagnostic tests are not an essential part of the
clinical assessment of a person alleging having been tortured. In many cases, a medical history and physical
examination are sufficient. However, there are circumstances in which such tests are valuable supporting evidence. For example, where there is a legal case against
members of the authorities or a claim for compensation.
In these cases, a positive test might make the difference
between a case succeeding or failing. Additionally, if
diagnostic tests are performed for therapeutic reasons, the
results should be added to the clinical report. It must be
recognized that the absence of a positive diagnostic test
result, as with physical findings, must not be used to suggest that torture has not occurred. There are many situations in which diagnostic tests are not available for technical reasons, but their absence should never invalidate an
otherwise properly written report. It is inappropriate to
use limited diagnostic facilities to document injuries for
legal reasons alone, when there are greater clinical needs
for those facilities (for further details, see annex II).
(i) Fissures tend to be non-specific findings as they
can occur in a number of “normal” situations
(constipation, poor hygiene). However, when
seen in an acute situation (i.e. within 72 hours)
fissures are a more specific finding and can be
considered evidence of penetration;
(ii) Rectal tears with or without bleeding may be
noted;
(iii) Disruption of the rugal pattern may manifest as
smooth fan-shaped scarring. When these scars
are seen out of midline (i.e. not at 12 or 6
o’clock), they can be an indication of penetrating
trauma;
(iv) Skin tags, which can be the result of healing
trauma;
(iv) Purulent discharge from the anus. Cultures
should be taken for gonorrhoea and chlamydia in
all cases of alleged rectal penetration, regardless
of whether a discharge is noted.
44
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