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Part II: Challenges and opportunities
Medical evidence is all the more effective where it has been
well documented. For instance, in the case of Begumanya Bosco-and-Attorney General, a doctor was not available to testify,
but since he had left a well-documented medical record on file,
the tribunal took it into consideration on deciding in favour of
the complainant.
Furthermore, with regard to proper recording and documentation of records of torture victims, where this is done,
any doctor working with the victim, other than the one who
originally examined him or her, can testify to the gravity of
the case. This was illustrated in a case where the victim was
examined by three different doctors from the African Centre
for Treatment and Rehabilitation of Torture Victims (ACTV). As
the first two doctors who had initially worked with the victim
were no longer available, the third doctor, relying on their
well-documented evidence, testified before the tribunal and
her evidence was accepted. In this case the doctor who testified was still treating the victim and her own evidence built
upon what had been recorded earlier. The above two cases underscore the importance of properly documented medical evidence in tribunal hearings.
When it comes to computing general damages, the amount
awarded is determined by the gravity of the harm or injury suffered, which can best be proved with medical evidence. The
way in which a doctor describes or categorises the injury suffered is indicative of the gravity of the torture. For instance,
where the injury was classified as “grievous harm”, the
victim was awarded UGS 15,000,000/- (EUR 6,000) as general
damages and where the doctor’s description of the injuries
was “harm not causing permanent injury and superficial”, the
victim was awarded UGS 5,000,000/- (EUR 2,000) as general
damages.
One of the challenges that the Commission still faces is receiving well-documented medical reports on torture victims.
Aside from the victims that are seen by ACTV doctors, who
have received some training in this area, other doctors tend
to submit generic reports that are not very informative, unless
the doctor who wrote them testifies personally before the tribunal. Another challenge is to get doctors to come and testify, as
some consider it a waste of time or even fear to appear before a
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