Traumatic aspects of trial Participating in the legal process can be a highly traumatic experience for torture victims at all stages – from the case identification and the documentation process (where victims are required to provide evidence of the incident which can involve a full medical and/or psychological evaluation) to the trial and the implementation of the court’s decision. As illustrated by the stories in this report, and confirmed by rehabilitation centres working directly with torture victims participating in legal proceedings, there are a number of reasons why the judicial process can be extremely traumatising. These include: • Court procedures are perceived to – or may actually – favour the accused; crossexamination techniques can be particularly traumatic by allowing selective presentation of facts and aggressive questioning techniques; • Court staff show a lack of understanding of victims’ needs; • There is a lack of security for victims during trial; • Proceedings are often lengthy, leading to frustration or disillusionment; • Victims may lack understanding of court procedures and legal terminology; • The voice of the victim is given a minimal role; and • The outcome is unsatisfactory – due to a low sentence or acquittal, or unsatisfactory reparation. Those victims that decide to persevere can become re-traumatised, in part due to a lack of understanding of how the rights of all parties in a case need to be upheld. The complex legal process and the defendant’s rights, including the presumption of innocence, the right to face the accuser, strict rules on admission of evidence, guilty plea and cross-examination techniques, may not be fully explained to the victim. As a result, victims may experience feelings of unfairness, dissatisfaction and a sense that the validity of their evidence is being questioned. To torture victims, a lack of care or understanding is frequently shown by legal professionals and court officials towards themselves and their families who testify in court. There is a common impression that courts are insensitive or unaware of the needs of torture victims who participate in legal proceedings for special support. This is exacerbated by an expectation that it is the court’s role to care about the victim or witness and that the court has the resources and understanding to put in place appropriate support measures for victims and witnesses. 26