3.
carried back to the cell? Could he or she get up the next
day? How long did the feet stay swollen? All this gives a
certain completeness to the description, which a checklist
of methods does not. The history should include the date
of positional torture, how many times and for how many
days the torture lasted, the period of each episode, the
style of the suspension (reverse-linear, being covered by
thick cloth-blanket or being tied directly with a rope,
putting weight on the legs or pulling down) or position. In
cases of suspension torture, ask which sort of material
was used (rope, wire and cloth leave different marks, if
any, on the skin after suspension). The examiner must
remember that statements on the length of the torture session by the torture survivor are subjective and may not be
correct, since disorientation of time and place during torture is a generally observed finding. Was the person sexually assaulted in any manner? Elicit what was said during the torture. For example, during electric shock torture
to the genitals, perpetrators often tell their torture victims
that they will no longer have normal sexual relations or
something similar. For a detailed discussion of the assessment of an allegation of sexual torture, including rape, see
chapter V, sect. D.8.
Circumstances of detention
138. Consider the following questions: what time
was it? Where were you? What were you doing? Who was
there? Describe the appearance of those who detained
you. Were they military or civilian, in uniform or in street
clothes? What type of weapons were they carrying? What
was said? Any witnesses? Was this a formal arrest, administrative detention or disappearance? Was violence used,
threats spoken? Was there any interaction with family
members? Note the use of restraints or blindfold, means
of transportation, destination and names of officials, if
known.
4.
Place and conditions of detention
139. Include access to and descriptions of food and
drink, toilet facilities, lighting, temperature and ventilation. Also, document any contact with family, lawyers or
health professionals, conditions of overcrowding or solitary confinement, dimensions of the detention place and
whether there are other people who can corroborate the
detention. Consider the following questions: what happened first? Where were you taken? Was there an identification process (personal information recorded, fingerprints, photographs)? Were you asked to sign anything?
Describe the conditions of the cell or room (note size, others present, light, ventilation, temperature, presence of
insects, rodents, bedding and access to food, water and
toilet). What did you hear, see and smell? Did you have
any contact with people outside or access to medical care?
What was the physical layout of the place where you were
detained?
5.
F. Assessment of the background
142. Torture survivors may have difficulty recounting the specific details of the torture for several important
reasons, including:
(a) Factors during torture itself, such as blindfolding,
drugging, lapses of consciousness, etc.;
(b) Fear of placing themselves or others at risk;
(c) A lack of trust in the examining clinician or interpreter;
(d) The psychological impact of torture and trauma,
such as high emotional arousal and impaired memory,
secondary to trauma-related mental illnesses, such as
depression and post-traumatic stress disorder (PTSD);
(e) Neuropsychiatric memory impairment from beatings to the head, suffocation, near drowning or starvation;
(f) Protective coping mechanisms, such as denial and
avoidance;
(g) Culturally prescribed sanctions that allow traumatic experiences to be revealed only in highly confidential settings.72
Methods of torture and ill-treatment
140. In obtaining background information on torture
and ill-treatment, caution should be used about suggesting
forms of abuse to which a person may have been subjected. This may help separate potential embellishment
from valid experiences. However, eliciting negative
responses to questions about various forms of torture may
also help establish the credibility of the person. Questions
should be designed to elicit a coherent narrative account.
Consider the following questions. Where did the abuse
take place, when and for how long? Were you blindfolded? Before discussing forms of abuse, note who was
present (give names, positions). Describe the room or
place. Which objects did you observe? If possible,
describe each instrument of torture in detail; for electrical
torture, the current, device, number and shape of electrodes. Ask about clothing, disrobing and change of clothing. Record quotations of what was said during interrogation, insults hurled at the victim, etc. What was said
among the perpetrators?
143. Inconsistencies in a person’s story may arise
from any or all of these factors. If possible, the investigator should ask for further clarification. When this is not
possible, the investigator should look for other evidence
that supports or refutes the story. A network of consistent
supporting details can corroborate and clarify the person’s
story. Although the individual may not be able to provide
the details desired by the investigator, such as dates,
times, frequencies and exact identities of perpetrators, a
broad outline of the traumatic events and torture will
emerge and stand up over time.
141. For each form of abuse, note: body position,
restraint, nature of contact, including duration, frequency,
anatomical location and the area of the body affected. Was
there any bleeding, head trauma or loss of consciousness?
Was the loss of consciousness due to head trauma,
asphyxiation or pain? The investigator should also ask
about how the person was at the end of the “session”.
Could he or she walk? Did he or she have to be helped or
72
R. F. Mollica and Y. Caspi-Yavin, “Overview: the assessment and
diagnosis of torture events and symptoms”, in Torture and Its
Consequences: Current Treatment Approaches, M. Başoglu, ed.
(Cambridge, Cambridge University Press, 1992), pp. 38-55.
^
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