Medical doctors: the key to prevent impunity
state agent, and for a specific purpose. Therefore, the final determination as to whether torture has occurred must be made
by a judicial body, which is capable of also assessing these additional elements of the incident. However, an MLR can corroborate an account of ill-treatment given by a survivor, and
can sometimes provide a high level of proof that a particular
technique has been used. Since ill-treatment is the essential
element of the torture crime, the MLR takes a very important
role in facilitating redress and reparation for torture survivors.
To achieve this, doctors need to work closely with lawyers
advising survivors of torture to demonstrate collectively that
torture has occurred. Help can also be drawn from other
sources such as NGOs and national and international bodies
investigating allegations of torture.
The medical assessment and conclusions
The MLR must be based on both a physical and psychological
evaluation of the survivor. This evaluation must be conducted
according to the guidelines provided by the Istanbul Protocol.
The account of events provided by the survivor can suggest
parts of the body or mental state of the person where the examination should focus. This could be shoulder movements
after suspension, damage after falanga (repeated beating of
the feet) or specific behaviour associated with different forms
of psychological torture. Further details on relevant symptoms
can be found in the Istanbul Protocol. However, it is important to conduct a full medical examination of the survivor as
there may be injuries of which he or she is unaware, perhaps
because they are on a part of the body that he or she cannot see,
or because they were caused towards the end of an episode in
which the survivor lost consciousness.
When medical conclusions are drawn on the basis of the
physical and psychological evaluation of the survivor it is very
important that these are accurate and maintain a high level of
objectivity. It is important to remember that the doctor is collecting evidence and does not function as a judicial body. This
implies that any absence of medical evidence should not be
construed as an indication that torture has not taken place.
The Istanbul Protocol recommends the use of the following
terms to give an opinion on individual lesions:
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