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IV. GENERAL CONSIDERATIONS FOR INTERVIEWS ISTANBUL PROTOCOL

(c) Correlate the degree of consistency between the relayed all the material facts. It is the responsibility of
evaluation findings and specific allegations of abuse by clinicians to discover and report upon any material
the alleged victim; findings that they consider relevant, even if they may be
considered irrelevant or adverse to the patient’s case or
(d) Correlate the degree of consistency between the case of the party requesting the clinical evaluation.
the individual evaluation findings and the torture
methods used in a particular region and their common 271. The location of the interview and examination
after-effects; should be as safe, private and comfortable as
possible and the interview should be given sufficient
(e) Render a clinical interpretation of the findings of time, which may require multiple interviews.
medico-legal evaluations and/or provide expert opinion
on the possibility of torture based on all relevant 272. Building trust and rapport are essential components
clinical evidence, including “physical and psychological of eliciting an accurate account of abuse. Establishing
findings, historical information, photographic findings, rapport and earning the trust of someone who has
diagnostic test results, knowledge of regional practices endured torture or other ill-treatment requires the
of torture, consultation reports etc.” as stated interviewer to treat the individual with courtesy
in annex IV; and respect through the use of active listening,
meticulous communication, courtesy and genuine
(f) Use information obtained in an appropriate manner empathy and honesty. Explaining ahead of time
to enhance fact-finding and further documentation what to expect can give the interviewee a greater
of torture; sense of control. The clinician should be mindful
of the tone, phrasing and sequencing of questions
(g) Upon judicial or other appropriate legal request, (sensitive questions should be asked only after some
provide an assessment of the reliability of the degree of rapport has been developed) and should
clinical findings. acknowledge the individual’s right to take a break if
needed or to choose not to respond to any question.
2. Essential conditions and interview skills Providing the interviewee with a sense of control over
the pace of the interview can strengthen rapport.
269. All clinical evaluations of cases in which torture
or ill-treatment is alleged or suspected should be 273. Clinicians and interpreters have a duty to maintain
conducted with objectivity and impartiality. The confidentiality of information and to disclose
evaluation should be based on the clinician’s expertise information only with the alleged victim’s consent
and professional experience. The ethical obligations (see paras. 165–171). Persons should be examined
of beneficence, non-maleficence, confidentiality and individually, with privacy. They should be informed,
respect for autonomy demand uncompromising in a manner that is clear and comprehensible, of
accuracy and impartiality in order to establish and any limits on the confidentiality of the evaluation,
maintain professional credibility. Clinicians who including those that may be imposed by the State
conduct evaluations of persons deprived of their judicial authorities. The clinician should make sure
liberty should have knowledge of the Istanbul that the information given is clearly understood
Protocol and its Principles and the capacity to by the interviewees. This includes any mandatory
effectively evaluate and document the physical and reporting requirements that the clinician may have.
psychological effects of torture and ill-treatment. Clinicians must ensure that informed consent is
based on adequate disclosure and understanding of
270. Clinicians should have knowledge of detention the potential benefits and adverse consequences of
conditions and torture methods used in the particular a clinical evaluation, that the individual is mentally
region where the alleged victim was detained or competent and that consent is given voluntarily
imprisoned, in situations in which this information is without coercion by others, particularly law
available, and the common after-effects of torture. The enforcement or judicial authorities. The alleged
clinical report should be factual and carefully worded. victim has the right to refuse the evaluation. In
Jargon should be avoided. All clinical terminology such circumstances, the clinician should document
should be defined so that it is understandable by the reason for the refusal of an evaluation.
lay persons. The clinician should not assume that
the official requesting a medico-legal evaluation has

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