Page 112 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา
P. 112
ISTANBUL PROTOCOL IV. GENERAL CONSIDERATIONS FOR INTERVIEWS
orientation of the persons involved play a key role been raised. Younger children may be tortured to
in the abuse. Both sexual and gender-based torture cause pain to their parents. Older children may be
are reliant on the power dynamics involved and can tortured to suppress political activity. Age-appropriate
change based on the social, cultural and religious communication with children is key both at the
context. Even if no explicit sexual assault is alleged, time of receiving informed consent/assent and when
many forms of torture have sexual or gendered carrying out assessments. Information on procedures
aspects that must be considered in the evaluation. needs to be tailored for children and communicated
in ways that they can understand. Although they
283. The gender of the clinician may also influence the may physically resemble adults, it is increasingly
evaluation process. Ideally, an evaluation team should recognized that brain development continues into
include clinicians of different genders offering the early adulthood, and interviews with older children,
interviewee the option of being attended by a clinician adolescents and young adults should be tailored to
and, where necessary, an interpreter of the same or their individual cognitive and verbal capacity.
another gender. The wishes of the alleged victim for
having a clinician of the same or another gender 287. Memory and cognition in children are dependent on
conducting the interview must be respected. Experience development as well as the trauma and its frequency
has shown, particularly in cases of victims still in and social context. Development of cognitive processes
custody, that in most situations, the most important required for adult memory storage – recalling and
factor may be that the interviewer is a clinician to recounting in a coherent chronological manner – is a
whom the victim can ask honest questions, regardless gradual process and may be delayed in children who
of gender. When the evaluation team does not have a are traumatized. In considering memory and recall
clinician of the desired gender for an evaluation, the of traumatic events, it is important to consider some
interviewee may still choose to speak to a clinician in unique issues among children. While both single
order to gain clinical information and advice. These and repeated traumas can affect a young person’s
considerations are particularly important in situations language, development and memory, repeated trauma
of known gender-based violence and sexual torture. may have a more serious effect. Part of a child’s
In cases in which the clinician and the interviewee are memory can form from their family remembering
of different genders, and especially during a physical and retelling experiences, which helps to reinforce
examination, it is essential that a chaperone be offered. memory. If a child has been separated from their
family at a young age or if the family does not
6. Interviewing children speak of certain experiences, the memories of such
experiences may as a result be fragile and sparsely
284. There are unique and specialized considerations that detailed and may be lost altogether as the child
must be taken into account when interviewing children. grows up. Children who have suffered traumatic
Clinicians who interview children should ideally obtain experiences and those who have been separated
specialized training on how to conduct paediatric from their caregivers may show particularly uneven
evaluations. Clinicians without specialized expertise development. Such children may be adept in some
are urged to be cautious in evaluating children. ways due to having an early responsibility to care
for themselves or others despite lacking formal
285. Children have the right to have their consent and education. Experience of torture or ill-treatment,
confidentiality respected. Except in exceptional subsequent mental health conditions and pre-existing
circumstances, which were discussed in paragraph 170 developmental difficulties, such as learning difficulties
above, they should not be given medical treatment or disabilities, may all influence a child’s understanding
without their consent or that of a parent or guardian. of events and their ability to recount them.
Particular attention must be given to providing
support, such as taking time to build rapport, using 288. Building rapport with children can be facilitated
clear and age-appropriate language throughout, and by taking measures to ensure the environment and
providing breaks and opportunities to ask questions. tone of the interview is as informal and comfortable
as possible. It is helpful to allow children some
286. It is important to understand that the features and input into the flow of interviews by letting them
psychological effects of torture and ill-treatment know approximately how long the conversations
depend on the child’s developmental stage and the will last and that breaks are available on demand.
social norms of the community in which they have Children’s attention spans can be quite short,
72