Page 108 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ISTANBUL PROTOCOL IV. GENERAL CONSIDERATIONS FOR INTERVIEWS

266. When a person who has allegedly been tortured is (v) Documenting and establishing domestic,
interviewed, there are a number of issues and practical regional and international practices of torture and
factors that have to be taken into consideration. ill-treatment;
These general considerations apply to all clinicians
conducting interviews. Clinical evaluations of torture (b) International human rights monitoring and torture
and ill-treatment aid in establishing such facts and prevention visits to places of detention;
by providing critical evidence in medico-legal and
other contexts (see chap. VII). They may also serve (c) Human rights investigations, missions and inquiries;
as useful guidelines for other professionals who
conduct interviews with alleged victims, including (d) Accountability of State officials and State
lawyers, prosecutors, adjudicators, human rights investigation and documentation practices, including
monitors and others. This chapter provides “common clinical evaluations by State officials;
ground” guidance on general interview considerations
and addresses different interview contexts. (e) Advocacy for torture prevention, accountability
and redress;

A. Preliminary considerations (f) Primary health-care encounters in which torture or
ill-treatment is alleged or suspected;
1. Purpose of inquiry, examination
and documentation (g) Implementation of conditions necessary for effective
investigation and documentation of torture and
267. The purpose of the investigation is to establish the ill-treatment (see chap. VIII);
facts constitutive of the alleged incidents of torture
or ill-treatment (see chap. III and annex I), to (h) Identifying the therapeutic, rehabilitation and
ensure accountability and redress for these crimes potential reparation needs of torture survivors.
and, ultimately, prevention through deterrence.
Clinical evaluations of torture or ill-treatment 268. The purpose of the medico-legal evaluation of
may provide critical evidence in medico-legal alleged or suspected cases of torture or ill-treatment
and other contexts (see chap. VII), including: is to provide a clinical interpretation of the degree
to which clinical findings correlate with the alleged
(a) Clinical evaluations of physical and psychological victim’s contention of abuse, and a clinical opinion
evidence of alleged torture or ill-treatment in on the veracity of such claims, and the possibility of
criminal, civil, administrative and other cases, for the torture, based on all relevant clinical evidence, and to
purposes of: effectively communicate these findings, interpretations
and conclusions to the judiciary or other appropriate
(i) Protecting persons from torture and authorities. In addition, clinical testimony often
ill-treatment through periodic clinical assessments serves to educate the judiciary, other government
of possible physical and psychological evidence officials and the local and international communities
of torture or ill-treatment during periods of about the physical and psychological sequelae of
deprivation of liberty, such as in custodial settings torture. All clinical evaluations of alleged or suspected
and prisons; torture or ill-treatment should be conducted in
accordance with the Principles included in annex I.
(ii) Identifying perpetrators responsible for torture The examiner should be prepared to do the following:
and ill-treatment and bringing them to justice;
(a) Assess possible injury and abuse, even in the
(iii) Documenting evidence of torture and absence of specific allegations by individuals or law
ill-treatment in asylum proceedings; enforcement or judicial officials;

(iv) Documenting and establishing findings of (b) Document physical and psychological evidence of
torture and ill-treatment for the purpose of injury and abuse;
various legal proceedings, including identification
of confessions obtained under torture or
ill-treatment;

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