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2021 ◽  
pp. 96-104
Author(s):  
Ihor Ustinchenko ◽  
Volodymyr Mishalov ◽  
Valerii Voichenko

The article contains a case of causing violent acts, namely torture, which corresponds to the section «Physical evidence of torture» of the «Istanbul Protocol». The morphological manifestations of bodily injuries are given, which are sufficiently informative for their further assessment by law enforcement agencies as manifestations of torture and torture and other cruel, inhuman or degrading treatment. Aim of the work. Forensic medical characteristics of morphological manifestations of bodily injury as manifestations of torture and torture and other cruel, inhuman or degrading treatment. Material and methods. The material of the research was the archival data of the Luhansk Regional Bureau of Forensic Medical Examination. Well-known forensic and statistical research methods were used. Results. During the forensic examination of the corpse of gr. There were at least 100 injuries in the form of numerous bruises, bruises, wounds, a strangulation furrow on the neck, and changes in the anus. Conclusion. Revealed during the forensic medical examination of the corpse of gr. M. at least 100 bodily injuries in the form of numerous abrasions, bruises, wounds, a strangulation groove on the neck and changes in the anus were identified by law enforcement agencies as manifestations of torture and torture and other cruel, inhuman or degrading treatment in accordance with the section «Physical evidence torture» of the «Istanbul Protocol».


Author(s):  
Bianchi Ilenia ◽  
Focardi Martina ◽  
Bugelli Valentina ◽  
Francesco Pradella ◽  
Giolli Carlo ◽  
...  

Abstract Background Illegal immigration to Europe is a well-known phenomenon whose numbers are being steadily increasing in recent years. Most of the immigrants in Italy come from war zones, and many of them submit an asylum application supported by the complaint to have been victims of persecutory acts in their home countries. Material and methods One hundred ninety-six medicolegal reports are analyzed considering the different country of origin, the type of the lesions claimed, tools used, evidenced effects, location of the perpetration of the physical abuses, and the possible motivation of the alleged torture. Results Greater than 80% of the assessed asylum seekers are over 18-year males coming from African countries. Fifty-eight percent of migrants were tortured or abused in countries of transit, 95% in Libya. Economic, familial, politic, and ethnic reasons prevail in some countries of origin, while tortures or abuses perpetrated in transit countries are mainly linked to forced labor and detention. In the 42.2% of cases, no physical evidence of tortures was detected. The Istanbul Protocol resulted to have been only partly applicable and about 40% of the medicolegal reports are “inconclusive” about the compatibility of physical evidence with the alleged tortures. Conclusions The medicolegal and forensic experts involved in torture and ill-treatment cases should seek specific education and training to lower the risks of underestimation and the rate of inconclusive reports. More extensive implementation of the Istanbul Protocol in daily practice should be pursued by the authorities in charge of asylum or protection releasement.


2021 ◽  
Vol 31 (1) ◽  
pp. 37-52
Author(s):  
Juliet Cohen ◽  
Bernie Gregory ◽  
Kate Newman ◽  
Emily Rowe ◽  
Deborah Thackray

Due to the Covid-19 pandemic, we developed remote assessment to provide interim medicolegal reports, ensuring people could obtain medical evidence to support their asylum claim. The Freedom from Torture research ethics committee approved the project. To audit this new way of working we collected feedback from the doctors, interpreters, individuals being assessed, and senior medical and legal staff who reviewed the reports. This paper presents findings from the first 20 assessments. Individuals reported that the doctors developed good rapport, but in 35% of assessments reported that there were some experiences they felt unable to disclose. In 70% of assessments, doctors felt that rapport was not as good as when face-to-face. In a majority of assessments the doctor was unable to gain a full account of the torture or its impact. Doctors reported feeling cautious about pressing for more information on the telephone, mindful of individuals’ vulnerability and the difficulty of providing support remotely. Nevertheless, in 85% of assessments doctors felt able to assess the consistency of the account of torture that was given with the psychological findings, in accordance with the Istanbul Protocol. The surveys indicated factors that hindered the assessment: inability to observe body language, the person’s ill health, and confidentiality concerns.  The limitations of these assessments underline the need for a follow-up face-to-face assessment to expand the psychological assessment and undertake a physical assessment. This research indicates that psychological medico-legal reports can safely be produced by telephone assessment, but are more likely to be incomplete in terms of both full disclosure of torture experiences and psychological assessment.


Author(s):  
Omar Mireles Loera

This work proposes the post-processing of photographic material accompanied by artificial intelligence algorithms as an alternative to strengthen the photography opinion within the Istanbul Protocol. The methods presented throughout this paper were applied to a judicialized case study in which the existence of injuries to the body anatomy of a defendant could be demonstrated five years after the fact reported as torture.Keywords: Neural Networks, Chronochromodiagnostic, Hopfield Network


Author(s):  
O. Babkina ◽  
V. Zosimenko

As a result of the analysis, we have demonstrated that the implementation of the main provisions of the Istanbul Protocol in Ukraine is at a sufficiently high level, is a national strategy for the protection of human rights, however, the question remains regarding the implementation of certain provisions in the prevention of torture and ill-treatment. The main standards of the regulatory framework of Ukraine comply with the Istanbul Convention. Today in Ukraine, there are still cases of violations of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms on Human Rights, including those concerning the unsatisfactory state of fixing bodily injuries, refusal to provide adequate medical care and inadequate provision of medical care to persons in places of detention. Therefore, an important aspect is to ensure the organization of timely and adequate provision of medical care to persons in places of detention. At the same time, it is necessary to conduct a detailed record of maintaining medical records on the prisoner’s state of health, fixing the existing injuries, the timeliness and correctness of the diagnostic and treatment methods that the prisoner received while in custody, indicating which types of diagnostics and treatment were prescribed for the detainees and which ones he actually received, where/when/by whom were carried out, etc. To establish the fact of presence/absence, mechanism and prescription of occurrence, severity of injuries, proper/inappropriate provision of medical assistance to persons in places of detention, when providing legal assistance, it is necessary to prescribe forensic medical examinations. Timely identification of cases of violations of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms of Human Rights, with subsequent response, plays an important role in the development of a system of measures to prevent, promote and prevent torture and ill-treatment in places of detention.


2020 ◽  
Vol 30 (2) ◽  
pp. 122-125
Author(s):  
Onder Ozkalipci

I congratulate the author for bringing this topic regarding the ethical dilemmas faced by NGOs when a perpetrator of torture requests a clinical evaluation to prove claims of persecution or being victim of torture. Such dilemmas may arise in the case of NGOs whose primary mission is to provide supportive documentation for asylum claims by victims of torture, in accordance with the Istanbul Protocol. Questions related to these dilemmas may emerge in the daily practice of any rehabilitation centre for survivors of torture (RCTs). I will proceed to discuss the paper from the perspective of RCTs....


Tequio ◽  
2020 ◽  
Vol 4 (10) ◽  
pp. 36-46
Author(s):  
Guadalupe del Carmen Morales-Toledo

Torture is a crime linked to serious human rights violations. To prevent, investigate, sanction and eradicate it, represents one of the biggest challenges when it comes to justice and human rights within our country, which currently holds high levels of impunity, and requires new and better investigation techniques, methods and strategies, that will allow meeting the demands for access to justice requested by the victims of these crimes. People deprived of their liberty (PDL) are demanding that all acts of torture itself become the subject of an investigation conducted by a multidisciplinary team in which lawyers, doctors and psychologists participate, based on the guidelines constituted in the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol.


2020 ◽  
Vol 38 (3) ◽  
pp. 206-228
Author(s):  
Marcelle Reneman

National authorities are often reluctant to arrange for a forensic medical examination or to grant important weight to forensic medical reports in asylum cases. They do not (fully) accept that a forensic medical report may change their initial assessment of the credibility of the applicant’s asylum account. They may argue that a physician cannot establish the context (date, location, perpetrator) in which the alleged ill-treatment has taken place or the cause of a specific scar or medical problem of the applicant. Moreover, they may contend that the physician concerned did not have the expertise to write a forensic medical report. This article examines how the European Court of Human Rights (ECtHR) and the Committee against Torture (CAT) have included forensic medical reports in their assessment of asylum cases and how they have dealt with the ‘context’, ‘causality’ and ‘expertise’ argument. It shows that these bodies do not accept that national authorities refrain from arranging a forensic medical examination or attach no or limited weight to a forensic medical report submitted by the applicant, just because the applicant has made inconsistent, incoherent or vague statements. They also do not accept general references to the ‘context’, ‘causality’ and ‘expertise’ argument. However, they have accepted these arguments in some individual cases, often without clear reasoning. The article concludes that the ECtHR and CAT could provide more guidance to national authorities concerning the role of forensic medical reports in asylum cases by explicitly weighing the seriousness of the credibility issues against the forensic medical report and by paying attention to the requirements for forensic medical reports laid down in the Istanbul Protocol.


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