The research objective
The purpose of this research is to gain a comparative overview of two interrelated issues that are
critical to the treatment of victims of torture within national asylum procedures. The first is the early
identification of victims of torture within the asylum procedure to ensure appropriate treatment. The
second issue relates to the ability to effectively present medical evidence in support of the alleged
claims of torture or ill-treatment, following the internationally recognised standards outlined in the
Istanbul Protocol. The medical documentation can also serve as a part of the assessment of the rehabilitation needs of the victim.
Drawing from 25 years experience, the IRCT conducted this research to further support its advocacy
work on the recognition and promotion of the use of medico-legal reports (MLRs) within asylum procedures. The research addresses the importance of identifying victims of torture at an early stage in
the asylum procedure and highlights the main gaps in the protection offered to them. In addition, the
results obtained from the comparative overview of the three regions covered — Europe, North America
and the Pacific — can be used to highlight cross-cutting issues and challenges faced. Through this
empirical research, the IRCT is able to identify the key issues that future advocacy activities should
focus on.
Why early identification is essential
“”
bzfo, Germany
We had a family from Chechnya. Both parents were victims of torture and the
children, having witnessed the violence, also have psychological problems. The
family was not granted asylum by BAMF (the German immigration authorities),
despite bzfo providing an MLR during the court proceedings. An appeal has been
lodged with the court, and bzfo asked that the proceedings be expedited as the
mother’s mental health has been getting progressively worse. However, there is
no final outcome after several years. Costs of intensive treatment for the mother
are accumulating, and the children’s development is hampered by the protracted
uncertainty.
The early identification of asylum-seekers as victims of torture or other traumatic events, and the
offer of appropriate support to the applicant allows them to present their asylum application as fully
as possible from the initial stage. Early identification allows asylum-seekers to access assistance to
enable them to present medical evidence of a standard that meets international guidelines and which
supports the alleged traumatic events. In addition, studies have shown that the presence of traumatic
experiences and PTSD directly influence refugee-status decision-making as both can severely impact
on the asylum applicant’s memory and therefore ability to present the claim in what is perceived by
decision-makers to be a credible way.16 The consistency of an asylum-seeker’s account is often a central question to determining asylum status, and so an applicant who gives discrepant accounts of their
experience at different points in the asylum procedure may be assumed to not be credible.17 Victims
of torture are more likely to suffer from PTSD or other barriers to disclosure, for example, as a result of
dissociation, shame, mistrust or avoidance. Therefore, it is paramount that victims of torture are able
to access the relevant services to enable them to seek assistance from both medical and legal experts.
12 / Recognising victims of torture in national asylum procedures
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