PART B – Interview – ethical and clinical considerations
9
PART B
INTERVIEW – ETHICAL AND CLINICAL CONSIDERATIONS
The interview has the key role for the effective investigation of torture. A detailed
report can be prepared only by means of an
appropriate and comprehensive interview.
The interview has to be structured and conducted according to the guidelines defined
in the “General considerations for interviews”, “Procedural safeguards with respect
to detainees” and “Relevant ethical codes”
chapters of the Istanbul Protocol. These
considerations apply to all persons carrying out interviews whether they are lawyers,
medical doctors, psychologists, psychiatrists, human rights monitors or members
of any other profession (Istanbul Protocol, §
120). The expert who makes the psychological evaluation should keep in mind that all
the procedural safeguards mentioned in the
Istanbul Protocol should be taken into con-
sideration not only during the physical examination but also during the psychological
evaluation.
In all the medical and psychological examination and evaluation processes, it is fundamental to adhere to the basic principle
“Primum non nocere – First, do no harm”
(Wenzel, 2002).
“[…]The limitations of certain conditions for
interviews, however, do not preclude aspiring to application of the guidelines set forth
in this manual. It is especially important in
difficult circumstances that governments and
authorities involved be held to these standards as much as possible” (Istanbul Protocol, § 239).
I. PRIVACY
Examinations must be conducted in private
under the control of the clinician. Privacy
during the interviews is not only necessary
for ethical reasons, but also when talking
about sensitive issues which are embarrassing for the person being evaluated. The
clinician should establish and maintain privacy during the whole interview (Istanbul
Protocol, § 83 and §124).
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