(a) Are the physical and psychological findings consistent with the alleged report of torture?
carrying out a thorough investigation of the place where
torture allegedly occurred. Investigators must have unrestricted access to the alleged scene of torture. Their access
must include, but not be limited to, open or closed areas,
including buildings, vehicles, offices, prison cells or other
premises where torture is alleged to have taken place.
(b) What physical conditions contribute to the clinical
picture?
(c) Are the psychological findings expected or typical
reactions to extreme stress within the cultural and social
context of the individual?
103. Any building or area under investigation must
be closed off so as not to lose any possible evidence. Only
investigators and their staff should be allowed entry into
the area once it has been designated as under investigation. Examination of the scene for any material evidence
should take place. All evidence must be properly collected, handled, packaged, labelled and placed in safekeeping to prevent contamination, tampering or loss of
evidence. If the torture has allegedly taken place recently
enough for such evidence to be relevant, any samples
found of body fluids (such as blood or semen), hair, fibres
and threads should be collected, labelled and properly
preserved. Any implements that could be used to inflict
torture, whether they be destined for that purpose or used
circumstantially, should be taken and preserved. If recent
enough to be relevant, any fingerprints located must be
lifted and preserved. A labelled sketch of the premises or
place where torture has allegedly taken place must be
made to scale, showing all relevant details, such as the
location of the floors in a building, rooms, entrances, windows, furniture and surrounding terrain. Colour photographs must also be taken to record the same. A record of
the identity of all persons at the alleged torture scene must
be made, including complete names, addresses and telephone numbers or other contact information. If torture is
recent enough for it to be relevant, an inventory of the
clothing of the person alleging torture should be taken and
tested at a laboratory, if available, for bodily fluids and
other physical evidence. Information must be obtained
from anyone present on the premises or in the area under
investigation to determine whether they were witness to
the incidents of alleged torture. Any relevant papers,
records or documents should be saved for evidential use
and handwriting analysis.
(d) Given the fluctuating course of trauma-related
mental disorders over time, what is the time frame in relation to the torture events? Where in the course of recovery
is the individual?
(e) What other stressful factors are affecting the individual (e.g. ongoing persecution, forced migration, exile,
loss of family and social role, etc.)? What impact do these
issues have on the victim?
(f) Does the clinical picture suggest a false allegation
of torture?
5.
Photography
106. Colour photographs should be taken of the injuries of persons alleging that they have been tortured, of
the premises where torture has allegedly occurred (interior and exterior) and of any other physical evidence
found there. A measuring tape or some other means of
showing scale on the photograph is essential. Photographs
must be taken as soon as possible, even with a basic camera, because some physical signs fade rapidly and locations can be interfered with. Instantly developed photos
may decay over time. More professional photos are preferred and should be taken as soon as the equipment
becomes available. If possible, photographs should be
taken using a 35-millimetre camera with an automatic
date feature. The chain of custody of the film, negatives
and prints must be fully documented.
D.
1.
4. Medical evidence
Commission of inquiry
Defining the scope of the inquiry
107. States and organizations establishing commissions of inquiry need to define the scope of the inquiry by
including terms of reference in their authorization. Defining the commission’s terms of reference can greatly
increase its success by giving legitimacy to the proceedings, assisting commission members in reaching a consensus on the scope of the inquiry and providing a measure by which the commission’s final report can be judged.
Recommendations for defining terms of reference are as
follows:
104. The investigator should arrange for a medical
examination of the alleged victim. The timeliness of such
medical examination is particularly important. A medical
examination should be undertaken regardless of the
length of time since the torture, but if it is alleged to have
happened within the past six weeks, such an examination
should be arranged urgently before acute signs fade. The
examination should include an assessment of the need for
treatment of injuries and illnesses, psychological help,
advice and follow-up (see chapter V for a description of
the physical examination and forensic evaluation). A
psychological appraisal of the alleged torture victim is
always necessary and may be part of the physical examination, or where there are no physical signs, may be performed by itself (see chapter VI for a description of the
psychological evaluation).
(a) They should be neutrally framed so that they do
not suggest a predetermined outcome. To be neutral,
terms of reference must not limit investigations in areas
that might uncover State responsibility for torture;
(b) They should state precisely which events and
issues are to be investigated and addressed in the commission’s final report;
105. In formulating a clinical impression for the purpose of reporting physical and psychological evidence of
torture, there are six important questions to ask:
(c) They should provide flexibility in the scope of
inquiry to ensure that thorough investigation by the com-
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