Representing Victims of Torture

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What is Torture?

The United Nations Convention Against Torture defines torture as:

"Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions [1].


Elements

1) An intentional act through which physical and mental pain and suffering is inflicted on a person

2) Committed with purpose

3) Committed by a public official or by a private person acting at the instigation of the former [1]


Many international treaties prohibit torture, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Common Article 3 of the four Geneva Conventions specifically prohibits torture in all armed conflicts. The Rome Statute of the International Criminal Court (ICC) prohibited torture, and has jurisdiction over cases alleging torture either as part of the crime of genocide or as a crime against humanity, if the torture is committed as part of a widespread or systematic attack, or as a war crime under the Geneva Conventions of 1949


Torture vs. Inhuman and Degrading Treatment

The International Covenant on Civil and Political Rights did not specifically define torture, though the Human Rights Committee- the group of independent experts monitoring the Covenant's implementation- noted that inhuman and degrading treatment "depends on all the circumstances of the case, such as the duration and manner of the treatment, its physical and mental effects as well as the sex, age and state of health of the victim."[2]


The European Court of Human Rights noted that the distinction signifies a degree of suffering, for while torture is more severe, both involved"deliberate inhuman treatment causing very serious and cruel suffering."[3]


Overall, all forms of ill-treatment are prohibited under international law. This means that even where treatment is not severe enough (in legal terms) to constitute torture, the state may still be found to have violated the prohibition on ill-treatment. [4]. In assessing whether a particular practice is torture, it is essential to consider the customary practices of different cultures. For example, beatings may not be considered torture in some places, while just tearing a woman's clothes in other places could be considered torture. [5]

Identifying Victims of Torture

According to the Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the State should appoint a primary investigator to serve as the main liaison between the authorities and the alleged torture victim. In doing so, the State should be sensitive to the victim's culture, language and gender. The State should also provide the following to the alleged torture victim during the investigation:

1) Updates on the progress of the investigation.

2) Information on all key hearings in the investigation and prosecution of the case.

3) Updates on the suspected perpetrator (whether he/she has been identified, arrested etc.)

4) Contact information for advocacy and treatment groups that might assist the victim.

5) The right to refuse questioning, to stop the investigation, or to take a break

6) Protection, not only to the victim but also to the victim's family

7) Psychological counselors and other medical professionals trained in treating torture victims. When using any kind of formal, standardized equipment to conduct medical tests on suspected victims of torture, however doctors must be sensitive to the trauma. In fact, these instruments should only be used when absolutely necessary. [6].


Post Traumatic Stress Disorder

One recognized sign that someone has been tortured is that he/she suffers from Post Traumatic Stress Disorder (PTSD). Studies show that 70% of torture victims suffer from PTSD. [7]. Symptoms include flashbacks (or intrusive thoughts), severe anxiety, insomnia, nightmares, depression and memory lapses. [8]. To prevent the victim from re-experiencing the trauma, the investigator should explain what he or she should expect prior to the medical examination.


Torture victims also often feel guilt and shame due to the humiliation they have endured. Many feel that they have betrayed themselves or their friends and family. These symptoms are normal human responses to abnormal and inhuman treatment. [9].


Major depression


According to the Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the investigator should attempt to obtain a detailed statement from the victim, color photographs of the injuries, as well as the following information to produce a comprehensive evaluation of the alleged torture victim:

1) Circumstances leading up to the torture

2) The dates and times of the torture

3) Descriptions, and if possible names of the perpetrators

4) Description of the torture, including methods and any other general patterns of abuse, including sexual abuse.

5) Description of any physical injuries

6) Description of detention facilities

Representing Victims of Torture

Codes

Convention Against Torture

Legal Training Resource Center

eLearning

References

  1. Inter-American Commission on Human Rights
  2. International Covenant on Civil and Political Rights
  3. the European Court of Human Rights
  4. http://www.essex.ac.uk/torturehandbook/handbook/part_i_3.htm#pti_3_3_1
  5. http://www.essex.ac.uk/torturehandbook/handbook/part_i_3.htm#pti_3_3_1
  6. http://www.kspope.com/torvic/torture1.php
  7. ibid
  8. International Rehabilitation Council for Torture Victims
  9. ibid