When is psychosocial support required
during the legal process?
“The best chance for psychosocial support to work and
prevent victims’ re-traumatisation through trial is when
it is carried out throughout the whole process of trial.
Corporación AVRE in Colombia
The legal process is likely to have a significant impact on a torture victim’s life throughout
its course, from the investigation phase up until the legal process is concluded. As a
result, the need for psychosocial support often lasts throughout the entire legal process,
which can take years. Indeed, a majority of IRCT’s members contributing to this report
indicate that there is a need for continual support throughout the legal proceedings
but particularly in the pre-trial phase where the majority of the 37 members in this
report indicate that psychosocial support is very often needed.
Before trial: Psychosocial support is important because torture victims often
will not initiate legal proceedings without it, either because they anticipate failure or
have little knowledge of the procedures. As part of this decision, victims will also need
help with managing their expectations, understanding their rights and preparing the
case. In addition, support at this stage is crucial as the incident suffered by the victim
may have happened recently and therefore trauma may still be acute. Victims need
help from both health and legal professionals.
During trial: Psychosocial support is also essential at this stage as the trial itself
is a major stress factor and an additional psychological burden for the victim, and the
victim’s family. Often, the greatest impact of a trial on a victim and his/her family comes
once the victim is required to testify, accentuating fears of being interrogated, blamed,
and of facing the alleged perpetrators in the court room. The traumatic aspect of a
trial is likely to be intensified if the victim is detained. In addition, many victims need
psychological support to cope with feelings of helplessness and frustration often relating
to the slow court process. The importance of this support is magnified in cases where the
victim fears being stigmatised by his/her community or family for seeking justice.
After trial: It is widely acknowledged by professionals working with torture
victims that the importance of psychosocial support depends on the outcome of the
legal proceedings. For example, if a sentence handed down by the court does not meet
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