10
A practical guide to the Istanbul Protocol – for lawyers
addition coping capabilities, physical health
and disabilities, pre-existing psychological
disorders, pre-existing personality, genetic
and biological vulnerabilities also affect the
symptoms of torture.
Understanding the physical and psychological effects of torture is vital when lawyers
interview victims with a view to submitting
criminal or civil claims for torture. It is important for three main reasons:
a. To make sure that the lawyers are asking
the right questions and collecting necessary information/evidence to assist in
building up their case
b. To help lawyers understand the psychological consequences that torture victims may suffer (like PTSD) and avoid
re-traumatising the victim during the
interview, and
c. To prepare lawyers on the difficult subject of torture and to understand unexpected “reactions” or “answers” on the
part of victims.
For detailed guidelines for lawyers on documenting allegations of torture, see the Essex
Torture Reporting Handbook, Part II – Documenting Allegations (http://www.essex.
ac.uk/torturehandbook/english.htm)
and
also see Chapter IV of the Istanbul Protocol,
General Considerations for Interviews, F.
Assessment of the background (http://www.
ohchr.org/Documents/Publications/trainin
g8Rev1en.pdf).
Under the UN Principles of Medical Ethics
Relevant to the Role of Health Personnel,
Particularly Physicians, in the Protection of
Prisoners and Detainees Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment12 it is a “gross contravention of medical ethics” for doctors to engage in acts which constitute participation
in, complicity in, incitement to, or attempts
to commit torture. However, as recognised
by international medical associations, such
as the World Medical Association, there is no
express obligation on doctors under professional codes of medical ethics to report suspected cases of torture about which they become aware. The World Medical Association
recommends that, where possible, doctors
report such cases with the victim’s consent,
however, where the victim is unable to express him or herself freely, without explicit
13
consent.
Both lawyers and doctors must carry out
their work in good faith, placing their professional responsibilities over personal or
institutional interests. Working together,
lawyers and doctors can do their utmost to
ensure that investigators conduct investigations into torture allegations fully, impartially and promptly.
If lawyers know or have information about
another lawyer or a doctor that is not complying with these general duties, they
should report them to their medical and legal organisations respectively. If the breach
of duty is sufficient to amount to administrative or criminal responsibility they should
be reported to the appropriate authorities
described. See the section on “effective procedural remedies”, remedies at the national
level, later in this guide (e.g. human rights
commissions, disciplinary procedures, police complaint mechanisms).
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