Representing Victims of Torture - Revision history

IBJadmin at 09:41, 4 November 2016

2016-11-04T09:41:29Z

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	{{Languages\|Representing Victims of Torture}}		{{Languages\|Representing Victims of Torture}}

	People are tortured or otherwise ill-treated in at least 111 countries around the world. In 61 of those countries human rights abusers can torture with impunity.<ref>~~http~~://~~thereport~~.amnesty.org/~~facts~~-~~and~~-~~figures~~</ref>. While an individual may be tortured for many reasons -- to force a confession, for punishment, to intimidate or coerce, or for any reason based on discrimination of any kind -- the majority of torture cases occur during police interrogation. This guide provides the criminal defense with an overview of how to identify and represent individuals who have been [[Torture\|tortured]] either for [[Confessions \| confessions]] or for extra-judicial punishment.		People are tortured or otherwise ill-treated in at least 111 countries around the world. In 61 of those countries human rights abusers can torture with impunity.<ref>https://www.amnesty.org/en/latest/research/2016/02/annual-report-201516/</ref>. While an individual may be tortured for many reasons -- to force a confession, for punishment, to intimidate or coerce, or for any reason based on discrimination of any kind -- the majority of torture cases occur during police interrogation. This guide provides the criminal defense with an overview of how to identify and represent individuals who have been [[Torture\|tortured]] either for [[Confessions \| confessions]] or for extra-judicial punishment.

	==Identifying Victims of Torture==		==Identifying Victims of Torture==

IBJadmin at 08:34, 4 April 2013

2013-04-04T08:34:21Z

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			{{Languages\|Representing Victims of Torture}}

	People are tortured or otherwise ill-treated in at least 111 countries around the world. In 61 of those countries human rights abusers can torture with impunity.<ref>http://thereport.amnesty.org/facts-and-figures</ref>. While an individual may be tortured for many reasons -- to force a confession, for punishment, to intimidate or coerce, or for any reason based on discrimination of any kind -- the majority of torture cases occur during police interrogation. This guide provides the criminal defense with an overview of how to identify and represent individuals who have been [[Torture\|tortured]] either for [[Confessions \| confessions]] or for extra-judicial punishment.		People are tortured or otherwise ill-treated in at least 111 countries around the world. In 61 of those countries human rights abusers can torture with impunity.<ref>http://thereport.amnesty.org/facts-and-figures</ref>. While an individual may be tortured for many reasons -- to force a confession, for punishment, to intimidate or coerce, or for any reason based on discrimination of any kind -- the majority of torture cases occur during police interrogation. This guide provides the criminal defense with an overview of how to identify and represent individuals who have been [[Torture\|tortured]] either for [[Confessions \| confessions]] or for extra-judicial punishment.

Ibjadmin: /* Physical Evidence of Torture */

2011-06-06T08:57:09Z

Physical Evidence of Torture

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	Yet investigators must be given authority by the State to obtain unrestricted access to where the torture allegedly took place. Once a place is identified as a possible torture location, it should be secured and only the investigator should have access. All evidence must be properly collected and labeled. Any object that could have been used as an instrument of torture should be collected as well. The investigator should take color photographs and draw a sketch of the scene. If the torture happened recently, the investigator should collect the victim's clothes to test for bodily fluids. X-rays and MRIs are the best ways to determine the extent of soft tissue, mandibular and dental trauma. It is especially important to try to capture evidence of soft tissue injuries as they tend to be difficult to prove.		Yet investigators must be given authority by the State to obtain unrestricted access to where the torture allegedly took place. Once a place is identified as a possible torture location, it should be secured and only the investigator should have access. All evidence must be properly collected and labeled. Any object that could have been used as an instrument of torture should be collected as well. The investigator should take color photographs and draw a sketch of the scene. If the torture happened recently, the investigator should collect the victim's clothes to test for bodily fluids. X-rays and MRIs are the best ways to determine the extent of soft tissue, mandibular and dental trauma. It is especially important to try to capture evidence of soft tissue injuries as they tend to be difficult to prove.

	The investigator should also order a physical examination of the alleged torture victim as soon as possible. An alleged torture victim, his family member or his lawyer may also request a medical examination to document physical evidence of torture. Military or police personnel should not be the authorities requesting a medical exam, nor should they be present during the examination or responsible for transporting the alleged victim, since they may have been involved in the torture.		The investigator should also order a physical examination of the alleged torture victim as soon as possible. An alleged torture victim, his family member or his lawyer may also request a medical examination to document physical evidence of torture. Military or police personnel should not be the authorities requesting a medical exam, nor should they be present during the examination or responsible for transporting the alleged victim, since they may have been involved in the torture.

	A record should be made if such officials are present during the examination, and this may present possible grounds for challenging the validity of the exam results at a later date if they are unfavorable to one’s client. <ref> Istanbul Protocol ¶ 123, 124, 125 </ref>		A record should be made if such officials are present during the examination, and this may present possible grounds for challenging the validity of the exam results at a later date if they are unfavorable to one’s client. <ref> Istanbul Protocol ¶ 123, 124, 125 </ref>

	The medical examiner should ideally have experience examining torture victims, and be familiar with torture practices in that region/country. The medical examiner needs to document the previous medical history before conducting an extremely thorough examination of the alleged victim's entire body, including eyes, ears, nose, oral cavity and teeth, jaw, oropharynx and neck, chest and abdomen, the central and peripheral nervous system, the genito-urinary system and the musculoskeletal system. The medical examiner should take photographs, if possible, and should note if the examination was not conducted under bright light.<ref> Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Chapter V ~~<ref>~~ Istanbul Protocol, ¶ 131 </ref>		The medical examiner should ideally have experience examining torture victims, and be familiar with torture practices in that region/country. The medical examiner needs to document the previous medical history before conducting an extremely thorough examination of the alleged victim's entire body, including eyes, ears, nose, oral cavity and teeth, jaw, oropharynx and neck, chest and abdomen, the central and peripheral nervous system, the genito-urinary system and the musculoskeletal system. The medical examiner should take photographs, if possible, and should note if the examination was not conducted under bright light.<ref> Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Chapter V Istanbul Protocol, ¶ 131 </ref>

	It is important to note, however, that the absence of physical evidence does not necessarily suggest that torture did not occur; many violent acts, such as psychological or sexual torture, frequently leave no marks or permanent scars.		It is important to note, however, that the absence of physical evidence does not necessarily suggest that torture did not occur; many violent acts, such as psychological or sexual torture, frequently leave no marks or permanent scars.

Ibjadmin: /* Physical Evidence of Torture */

2011-06-06T08:56:35Z

Physical Evidence of Torture

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	The medical examiner should ideally have experience examining torture victims, and be familiar with torture practices in that region/country. The medical examiner needs to document the previous medical history before conducting an extremely thorough examination of the alleged victim's entire body, including eyes, ears, nose, oral cavity and teeth, jaw, oropharynx and neck, chest and abdomen, the central and peripheral nervous system, the genito-urinary system and the musculoskeletal system. The medical examiner should take photographs, if possible, and should note if the examination was not conducted under bright light.<ref> Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Chapter V <ref> Istanbul Protocol, ¶ 131 </ref>		The medical examiner should ideally have experience examining torture victims, and be familiar with torture practices in that region/country. The medical examiner needs to document the previous medical history before conducting an extremely thorough examination of the alleged victim's entire body, including eyes, ears, nose, oral cavity and teeth, jaw, oropharynx and neck, chest and abdomen, the central and peripheral nervous system, the genito-urinary system and the musculoskeletal system. The medical examiner should take photographs, if possible, and should note if the examination was not conducted under bright light.<ref> Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Chapter V <ref> Istanbul Protocol, ¶ 131 </ref>

	It is important to note, however, that the absence of physical evidence does not necessarily suggest that torture did not occur; many violent acts, such as psychological or sexual torture, frequently leave no marks or permanent scars.~~</ref>~~		It is important to note, however, that the absence of physical evidence does not necessarily suggest that torture did not occur; many violent acts, such as psychological or sexual torture, frequently leave no marks or permanent scars.

	===Psychological Evidence of Torture <ref> Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Chapter VI. </ref>===		===Psychological Evidence of Torture <ref> Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Chapter VI. </ref>===

Ibjadmin: /* Physical Evidence of Torture */

2011-06-06T08:56:02Z

Physical Evidence of Torture

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	A record should be made if such officials are present during the examination, and this may present possible grounds for challenging the validity of the exam results at a later date if they are unfavorable to one’s client. <ref> Istanbul Protocol ¶ 123, 124, 125 </ref>		A record should be made if such officials are present during the examination, and this may present possible grounds for challenging the validity of the exam results at a later date if they are unfavorable to one’s client. <ref> Istanbul Protocol ¶ 123, 124, 125 </ref>

	The medical examiner should ideally have experience examining torture victims, and be familiar with torture practices in that region/country. The medical examiner needs to document the previous medical history before conducting an extremely thorough examination of the alleged victim's entire body, including eyes, ears, nose, oral cavity and teeth, jaw, oropharynx and neck, chest and abdomen, the central and peripheral nervous system, the genito-urinary system and the musculoskeletal system. The medical examiner should take photographs, if possible, and should note if the examination was not conducted under bright light.<ref> Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Chapter V </ref> Istanbul Protocol, ¶ 131 </ref>		The medical examiner should ideally have experience examining torture victims, and be familiar with torture practices in that region/country. The medical examiner needs to document the previous medical history before conducting an extremely thorough examination of the alleged victim's entire body, including eyes, ears, nose, oral cavity and teeth, jaw, oropharynx and neck, chest and abdomen, the central and peripheral nervous system, the genito-urinary system and the musculoskeletal system. The medical examiner should take photographs, if possible, and should note if the examination was not conducted under bright light.<ref> Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Chapter V <ref> Istanbul Protocol, ¶ 131 </ref>

	It is important to note, however, that the absence of physical evidence does not necessarily suggest that torture did not occur; many violent acts, such as psychological or sexual torture, frequently leave no marks or permanent scars.</ref>		It is important to note, however, that the absence of physical evidence does not necessarily suggest that torture did not occur; many violent acts, such as psychological or sexual torture, frequently leave no marks or permanent scars.</ref>

Ibjadmin: /* References */

2011-06-06T08:55:11Z

References

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	== References ==		== References ==
	<references/>		<references/>

			{{Languages\|Representing Victims of Torture}}

Spalomba: /* Available Remedies */

2011-03-28T13:38:13Z

Available Remedies

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	The criminal defense lawyer representing a client who has been tortured has a responsibility that goes beyond merely raising defenses at trial. Under certain circumstances a criminal defense attorney may request a court-ordered medical examination. This may be required before the court will launch a formal investigation into an allegation of torture. It also may be required before the court can order appropriate medical or psychological treatment.		The criminal defense lawyer representing a client who has been tortured has a responsibility that goes beyond merely raising defenses at trial. Under certain circumstances a criminal defense attorney may request a court-ordered medical examination. This may be required before the court will launch a formal investigation into an allegation of torture. It also may be required before the court can order appropriate medical or psychological treatment.
	An accurate medical examination helps the victim as well as his defense lawyer. A very precise medical dossier, that documents the violence accurately, brings the Court closer to the victim and makes the victim more reliable.		An accurate medical examination helps the victim as well as his defense lawyer. A very precise medical dossier, that documents the violence accurately, brings the Court closer to the victim and makes the victim more reliable.


	==Available Remedies==		==Available Remedies==

Spalomba: /* Interviewing Torture Victims and Gathering Evidence Although geared more towards a neutral state-sponsored investigation than a lawyer’s representation of his client, Chapter V of the Istanbul Protocol provides many example lines of questioning

2011-03-28T13:37:21Z

/* Interviewing Torture Victims and Gathering Evidence Although geared more towards a neutral state-sponsored investigation than a lawyer’s representation of his client, Chapter V of the Istanbul Protocol provides many example lines of questioning

Spalomba: /* Interviewing Torture Victims and Gathering Evidence Although geared more towards a neutral state-sponsored investigation than a lawyer’s representation of his client, Chapter V of the Istanbul Protocol provides many example lines of questioning

2011-03-28T13:36:19Z

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	''Client Interview Checklist'':		''Client Interview Checklist'':

	- Exact time and date of arrest		- Exact time and date of arrest
	- Details of the arrest: number of people involved, role of each in the arrest and, if possible, the name and occupation of each		- Details of the arrest: number of people involved, role of each in the arrest and, if possible, the name and occupation of each

Spalomba: /* Interviewing Torture Victims and Gathering Evidence Although geared more towards a neutral state-sponsored investigation than a lawyer’s representation of his client, Chapter V of the Istanbul Protocol provides many example lines of questioning

2011-03-28T13:35:52Z

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	The lawyer has a right to interview his client in private without any police officer or prison officer present. Interviews conducted while a client is in custody, and potentially still vulnerable to his/her torturers, will be different than one conducted in a private place.<ref> Istanbul Protocol, ¶ 129 </ref>		The lawyer has a right to interview his client in private without any police officer or prison officer present. Interviews conducted while a client is in custody, and potentially still vulnerable to his/her torturers, will be different than one conducted in a private place.<ref> Istanbul Protocol, ¶ 129 </ref>

	The police cannot legally insist that the client be interviewed within their presence or with a police officer within earshot who can hear what is being said between the lawyer and his client.		The police cannot legally insist that the client be interviewed within their presence or with a police officer within earshot who can hear what is being said between the lawyer and his client.

	The lawyer should be straightforward with the client about what he/she can realistically achieve for the client, and explain the process thoroughly. The lawyer should be aware that the victim may not be comfortable right away, and the lawyer may need to conduct several interviews. The lawyer should always be sensitive to the victim's trauma, using eye contact and sympathetic body language.		The lawyer should be straightforward with the client about what he/she can realistically achieve for the client, and explain the process thoroughly. The lawyer should be aware that the victim may not be comfortable right away, and the lawyer may need to conduct several interviews. The lawyer should always be sensitive to the victim's trauma, using eye contact and sympathetic body language.

	During this interview the lawyer must find out all relevant information including:		During this interview the lawyer must find out all relevant information including:
	- The client's response to the allegations leveled against him.		- The client's response to the allegations leveled against him.
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	- Whether he has made any sort of statement, and, if he has, all details regarding that statement, i.e., was the statement oral or handwritten; was it a warned and cautioned statement which was typed and read over to him before he signed it; was the statement confirmed before a magistrate? (Where the client has already made a statement to the police and this has been recorded, the lawyer should ask the police to see the statement and that he be provided with a copy.)		- Whether he has made any sort of statement, and, if he has, all details regarding that statement, i.e., was the statement oral or handwritten; was it a warned and cautioned statement which was typed and read over to him before he signed it; was the statement confirmed before a magistrate? (Where the client has already made a statement to the police and this has been recorded, the lawyer should ask the police to see the statement and that he be provided with a copy.)
	- If a statement has been made and whether it was made freely and voluntarily. (If the client says he was physically maltreated or threatened in order to force him to confess, the lawyer should carefully note down the details of the alleged maltreatment or threats. The client should also be asked to show the lawyer any injuries and bodily marks which resulted from his mistreatment and the lawyer must carefully note down his observations about these.)		- If a statement has been made and whether it was made freely and voluntarily. (If the client says he was physically maltreated or threatened in order to force him to confess, the lawyer should carefully note down the details of the alleged maltreatment or threats. The client should also be asked to show the lawyer any injuries and bodily marks which resulted from his mistreatment and the lawyer must carefully note down his observations about these.)
	- If a medical practitioner has already given medical treatment to the client. (If so, lawyer should ask the police for a copy of the medical report.)		- If a medical practitioner has already given medical treatment to the client. (If so, lawyer should ask the police for a copy of the medical report.).

	Whether the aim is preparing an absolute defense for the client or advancing and proving procedural irregularity, it is key to ask the client certain questions in an interview to develop a defense. Even with time and experience, given a number of cases or detention visits, all lawyers forget a few important points or questions. This is why a small checklist can be a useful reminder.		Whether the aim is preparing an absolute defense for the client or advancing and proving procedural irregularity, it is key to ask the client certain questions in an interview to develop a defense. Even with time and experience, given a number of cases or detention visits, all lawyers forget a few important points or questions. This is why a small checklist can be a useful reminder.

	''Client Interview Checklist'':		''Client Interview Checklist'':
	- Exact time and date of arrest		- Exact time and date of arrest

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	- Exact time and date of arrest		- Exact time and date of arrest

	- Details of the arrest: number of people involved, role of each in the arrest and, if possible, the name and occupation of each		- Details of the arrest: number of people involved, role of each in the arrest and, if possible, the name and occupation of each

	- Words exchanged, and rights invoked at arrest		- Words exchanged, and rights invoked at arrest

	- Details of placement into custody: whether the client had knowledge of the infraction when being placed into custody		- Details of placement into custody: whether the client had knowledge of the infraction when being placed into custody

	- Language used by law enforcement officials, how the client understood the language used		- Language used by law enforcement officials, how the client understood the language used

	- Visits, conditions and treatment after the arrest and during custody: medical visits, lawyer visits, family visits, presence of an interpreter, interrogations, rest and food provided		- Visits, conditions and treatment after the arrest and during custody: medical visits, lawyer visits, family visits, presence of an interpreter, interrogations, rest and food provided

	- Judicial follow-up: transfers to courtroom, summons, notifications, access to a lawyer		- Judicial follow-up: transfers to courtroom, summons, notifications, access to a lawyer

	- Time and location of torture		- Time and location of torture

	- Details regarding anyone present during the torture (whether or not they participated)		- Details regarding anyone present during the torture (whether or not they participated)

	- Exact role of each person or party involved,especially the nature and number of blows inflicted by each (if applicable)		- Exact role of each person or party involved,especially the nature and number of blows inflicted by each (if applicable)

	- Details of all pressures or threats constituting mental or psychological torture		- Details of all pressures or threats constituting mental or psychological torture

	- Details of all marks personally observed by the lawyer		- Details of all marks personally observed by the lawyer

	- Information about all possible witnesses (bystanders, co-prisoners)		- Information about all possible witnesses (bystanders, co-prisoners)