Notes and references 1. The Universal Declaration of Human Rights (UDHR). Adopted by UN General Assembly Resolution 217A (III) of 10 December 1948, Article 14. 2. United Nations Convention relating to the Status of Refugees. Adopted by the UN General Assembly on 28 July 1951. Available at: http://www.unhcr. org/. 3. Article 7 of the International Covenant on Civil and Political Rights (ICCPR), entered into force 23 March 1976; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), entered into force 26 June 1987; Article 5 of the Universal Declaration of Human Rights (UDHR). 4. Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), entered into force 3 September 1953; Article 4 of the EU Charter of Fundamental Rights, entered into force 18 December 2000; Article 5 of the American Convention on Human Rights (ACHR), entered into force 18 July 1978. 13. Jaranson J. et al. Somali and Oromo refugees: Correlates of torture and trauma history. American Journal of Public Health 2004; 94(4): 591-598; Kinzie J D. et al. Prospective one-year treatment outcomes of tortured refugees: a psychiatric approach. Torture. 2012; 22 (1): 1-10. 14. Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol). 2004. HR/P/PT/8/Rev.1. 15. Battjes H. in Care Full: Medico-legal reports and the Istanbul Protocol in asylum procedures. 2006. p.27. 16. Mueller J., Schmidt M., Staeheli A., Maier T. Mental health of failed asylum seekers as compared with pending and temporarily accepted asylum seekers. European Journal of Public Health. 2010; 21 (2): 184-189. 17. Herlihy J., Turner S. Should discrepant accounts given by asylum seekers be taken as proof of deceit? Torture 2006; 16(2): 81-92. 5. Article 5 of the UDHR reads, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” This Article is widely regarded as expressing customary international law. See for example: Association for the Prevention of Torture (APT) and Center for Justice and International Law (CEJIL), Torture in International Law: A guide to jurisprudence, 2008, p.6. 18. 6. Article 33 of the UN Refugee Convention: Prohibition of expulsion or return (”Refoulement”); Article 3 of the UNCAT: “No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” As a minimum, the MLR should include the circumstances of the interview, history, physical and/or psychological examination, opinion and authorship. See Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in Annex I to the Istanbul Protocol, para. 6(b). 19. UNHCR. Asylum Trends 2012: Levels and Trends in Industrialized Countries. March 2013. p.7. 7. UN Committee against Torture. General Comment No. 3: Implementation of Article 14 by State parties. 13 December 2012. Paragraphs 11 and 22. Available at: http://www2.ohchr.org/english/ bodies/cat/GC3.htm. 8. Ibid. Paragraph 13. 9. Norredam M. Access to health-care for asylum seekers. European Journal of Public Health. 2005; 16 (3):285-289. 10. World Psychiatry Association guidance on mental health and mental health care in migrants. World Psychiatry. 2011; 10 (1):2-10. 11. Heeren M., Mueller J., et al. Mental health of asylum-seekers: a cross-sectional study of psychiatric disorders. BMC Psychiatry. 2012; 12:114. 12. In a study carried out in 2005 on the mental health of Cambodian refugees who had resettled in the USA, 54% of the respondents reported torture. See Marshall G N. Schell T L. etc., cited in Carswell K., Blackburn P., Barker C. The relationship between trauma, post-migration problems and the psychological well-being of refugees and asylum seekers. International Journal of Social Psychiatry. 2011 Mar; 57(2):107-19. 20. Ibid. p.3. The main source countries for asylumseekers in the industrialised asylum-receiving countries are Afghanistan, the Syrian Arab Republic, Serbia (and Kosovo), China and Pakistan. 21. Ibid. p.3. 22. UNHCR Research Paper No. 253. Refugee resettlement: 2012 and beyond. February 2013. p.20. Resettlement involves the selection and transfer of refugees from one state in which they have sought protection to a third state which has agreed to admit them, as refugees, with permanent residence status. In 2012 the UNHCR reported that 90% of resettlement places for refugees are provided by the USA, Canada and Australia. By contrast, only 11 EU countries have national annual resettlement programmes, and they contributed to only 6.6% of the global total number of resettlement places in 2011. Available at: http://www. unhcr.org/510bd3979.html (last accessed on 23 September 2013). 23. UNHCR. Executive Committee of the High Commissioner’s Programme. Progress report on resettlement. June 2012. p.2. Report No: EC/63/ SC/CRP.12. Available at: http://www.unhcr. org/5006a6aa9.html (last accessed on 23 September 2013). The EU resettlement programme intends to increase the number of resettlement places made available in the European Union, harmonise and coordinate resettlement priorities among EU Member States, and contribute to Recognising victims of torture in national asylum procedures / 81