feelings towards the clinician may develop, such as fear,
rage, revulsion, helplessness, confusion, panic or hatred.
The clinician should allow for the expression and explanation of such feelings and express understanding for the
individual’s difficult predicament. In addition, the possibility that the person may still be persecuted or
oppressed has to be kept in mind. When necessary, questions about forbidden activities should be avoided. It is
important to consider the reasons for the psychological
evaluation, as they will determine the level of confidentiality to which the expert is bound. If an evaluation of the
credibility of an individual’s report of torture is requested
within the framework of a judicial procedure by a State
authority, the person to be evaluated must be told that this
implies lifting medical confidentiality for all the information presented in the report. However, if the request for
the psychological evaluation comes from the tortured person, the expert must respect medical confidentiality.
261. Psychological evaluations provide useful evidence for medico-legal examinations, political asylum
applications, establishing conditions under which false
confessions may have been obtained, understanding
regional practices of torture, identifying the therapeutic
needs of victims and as testimony in human rights investigations. The overall goal of a psychological evaluation
is to assess the degree of consistency between an individual’s account of torture and the psychological findings
observed during the course of the evaluation. To this end,
the evaluation should provide a detailed description of the
individual’s history, a mental status examination, an
assessment of social functioning and the formulation of
clinical impressions (see chapters III, sect. C, and IV,
sect. E). A psychiatric diagnosis should be made, if
appropriate. Because psychological symptoms are so
prevalent among survivors of torture, it is highly advisable for any evaluation of torture to include a psychological assessment.
265. Clinicians who conduct physical or psychological evaluations should be aware of the potential emotional
reactions that evaluations of severe trauma may elicit in
the interviewee and interviewer. These emotional reactions are known as transference and countertransference.
Mistrust, fear, shame, rage and guilt are among the typical
reactions that torture survivors experience, particularly
when being asked to recount or remember details of their
trauma. Transference refers to the feelings a survivor has
towards the clinician that relate to past experiences but
which are misunderstood as directed towards the clinician
personally. In addition, the clinician’s emotional response
to the torture survivor, known as countertransference,
may affect the psychological evaluation. Transference
and countertransference are mutually interdependent and
interactive.
262. The assessment of psychological status and the
formulation of a clinical diagnosis should always be made
with an awareness of the cultural context. Awareness of
culture-specific syndromes and native language-bound
idioms of distress through which symptoms are communicated is of paramount importance for conducting the
interview and formulating the clinical impression and
conclusion. When the interviewer has little or no knowledge of the victim’s culture, the assistance of an interpreter is essential. Ideally, an interpreter from the victim’s
country knows the language, customs, religious traditions
and other beliefs that must be taken into account during
the investigation. The interview may induce fear and mistrust on the part of the victim and possibly remind him or
her of previous interrogations. To reduce the effects of retraumatization, the clinician should communicate a sense
of understanding of the individual’s experiences and cultural background. It is inappropriate to observe the strict
“clinical neutrality” that is used in some forms of psychotherapy, during which the clinician is inactive and says little. The clinician should communicate that he or she is an
ally of the individual and adopt a supportive, non-judgemental approach.
266. The potential impact of transference reactions
on the evaluation process becomes evident when it is considered that an interview or examination that involves
recounting and remembering the details of a traumatic
history will result in exposure to distressing and unwanted
memories, thoughts and feelings. Thus, even though a torture victim may consent to an evaluation with the hope of
benefiting from it, the resulting exposure may renew the
trauma experience itself. This may include the following
phenomena.
2. The interview process
267. The evaluator’s questions may be experienced
as forced exposure akin to an interrogation. The evaluator
may be suspected of having voyeuristic or sadistic motivations, and the interviewee may ask him or herself questions such as: “Why does he or she make me reveal every
last terrible detail of what happened to me? Why would a
normal person choose to listen to stories like mine in
order to make a living? The evaluator must have some
strange kind of motivation.” There may be prejudices
towards the evaluator because he or she has not been
arrested and tortured. This may lead the subject to perceive the evaluator as being on the side of the enemy.
263. The clinician should introduce the interview
process in a manner that explains in detail the procedures
to be followed (questions asked about psychosocial history, including history of torture and current psychological functioning) and that prepares the individual for the
difficult emotional reactions that the questions may provoke. The individual needs to be given an opportunity to
request breaks, interrupt the interview at any time and be
able to leave if the stress becomes intolerable, with the
option of a later appointment. Clinicians need to be sensitive and empathic in their questioning, while remaining
objective in their clinical assessment. At the same time,
the interviewer should be aware of potential personal
reactions to the survivor and the descriptions of torture
that might influence the interviewer’s perceptions and
judgements.
268. The evaluator is perceived as a person in a position of authority, which is often the case, and for that reason may not be trusted with certain aspects of the trauma
history. Alternatively, as is often the case with subjects
still in custody, the subject may be too trusting in situations where the interviewer cannot guarantee that there
264. The interview process may remind the survivor
of interrogation during torture. Therefore, strong negative
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