PART C – Psychological evaluations for the investigations of torture ...
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PART C
PSYCHOLOGICAL EVALUATIONS FOR THE INVESTIGATIONS OF
TORTURE ALLEGATIONS
I. THE OBJECTIVES OF THE PSYCHOLOGICAL EVALUATIONS
In the cases of allegations of torture, psychological evaluations provide critical information and evidences for:
• Medico-legal examinations
• Political asylum applications
• Human rights investigations and monitoring
• Clarification of the facts and establishment
• Establishing conditions under which
false confessions may have been obtained
• Identifying the therapeutic needs of the
victims
• Demonstration the needs for full reparation and redress from the State
• Understanding regional practices of torture
• Acknowledgement of individual and
State responsibility for the victims and
their families
• Facilitation of prosecution and/or disciplinary sanctions
• Preventing impunity.
“[...]The overall goal of a psychological evaluation is to assess the degree of consistency
between an individual’s account of torture
and the psychological findings observed during the course of the evaluation[...]” (Istanbul Protocol, § 261).
According to the context and the country
where the psychological evaluation takes
place, different levels of consistency – for instance low, adequate, high, close-to-certain
probability – might be requested. In some
countries, the expert is expected to clearly
define if the person has been tortured or not.
If he or she does not put forward a clear position, this might increase the likelihood of
impunity for the perpetrators (as the principle of “in dunio pro reo” – if in doubt, evidence should be interpreted in favor of the
suspect- could be applied for the perpetrators).
(See § 78 and § 261 in the Istanbul Protocol.)
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