IRCT REGIONAL REPORT 2016
• Victims of sexual and gender-based violence should be provided with the possibility
of being housed in separate facilities.
• Staff members at reception facilities should be appropriately trained in responding
to the special needs of torture victims.
Detention
• The identification of torture victims should take place before any decision related
to the deprivation of liberty is taken. This identification procedure should happen
regularly throughout the period of detention.
• Regular monitoring of detention facilities and reassessment of needs should be
established in law and practice.
• Torture victims should under no circumstance be placed in immigration detention.
• Legal mechanisms should be introduced to allow for torture victims to be released on the
basis of the results of identification procedure.
• Detention officials should be trained in the identification of signs or symptoms of
torture trauma.
Asylum Procedures
Directive
Special procedural guarantees
• Medical professionals should be involved in the decisions regarding the interview
process, in case there are special health related requirements for the particular
asylum seeker.
• The meaning of “adequate support” should entail at least inter alia: timing of the
interview; conditions and practical arrangements of interviews; specialised training
for interviewers; consideration of the gender of the interviewer and the interpreter;
and psychosocial support during the interview.
• When refugee status determination processes are applied to torture victims, the process
should be adapted to take into account the person’s possible vulnerable situation including
the manifestation of PTSD symptoms, such as involuntary avoidance and disassociation.
• Special procedural guarantees should also be made available during appeal procedures.
Medico-legal reports
• Persons identified as possible torture victims or claiming to be victims should
have access to independent health professionals, competent in producing MLRs
according to the standards and principles of the Istanbul Protocol free of charge.
• MLRs should be given due and appropriate consideration when determining
asylum claims.
page 44
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