Access to medico-legal reports in the
national asylum procedure
This section considers the extent to which asylum-seekers have access to medico-legal reports (MLRs)
to support their claim, how these are financed and the estimated costs of producing an MLR. Member
centres were also asked about the acceptance of MLRs within the national asylum procedure in order
to ascertain how widely MLRs are acknowledged as a relevant evidential tool within the national
asylum procedure.
Key findings on access to medico-legal reports (MLRs) in the national
asylum procedure
•
MLRs are acknowledged in policy or practice in nearly all of the countries (73
percent) in this report. However, only centres in three countries indicated that
MLRs are acknowledged by law (11 percent).
•
In most countries (72 percent), an MLR can be submitted at any point in the
asylum procedure. This will benefit VoTs who are not identified early on in the
asylum procedure or who have trouble accessing services to assist them in producing an MLR.
•
Public hospitals/health centres and NGOs (in 72 percent of the participating
countries) are the main organisations accepted by the national authorities as
being able to produce MLRs. Government institutions and private GPs are also
accepted but to a lesser extent (in 44 percent of the participating countries).
•
Sixty-six percent of the participating countries indicated that the costs of producing MLRs are supported in part by public or private funds. However, in 44
percent of the countries the individual is identified as having to bear the costs
of the MLR themselves in certain circumstances. For example, this is likely
where the asylum-seeker is not eligible for legal aid. Australia is the only country where the cost of an MLR is entirely publicly funded.
•
The estimated cost of producing an MLR fluctuates widely depending on the
time it takes to produce and the time spent assessing the patient. The average
cost of producing an MLR across all three regions is around 800 Euros (based
on responses from 78 percent of the participating organisations). Where an
MLR is produced on a voluntary basis by a centre, it is often not possible to
estimate the cost.
•
There is a lack of training for health experts on the preparation of MLRs in a
majority of the represented countries. This is a concern as training is essential
to ensure that MLRs meet the standards outlined by the Istanbul Protocol.
Recognising victims of torture in national asylum procedures / 29
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