Page 124 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ISTANBUL PROTOCOL IV. GENERAL CONSIDERATIONS FOR INTERVIEWS

or presence of police or third parties during the longer to conduct and that medico-legal affidavits
evaluation; may be many pages in length. If time is limited,
clinicians should endeavour to elicit the most critical
(ii) A detailed record of the subject’s information in accordance with the Istanbul Protocol
allegations, including torture or ill-treatment and its Principles and report the time limitation.
methods and all complaints of physical and
psychological symptoms; 357. A detailed clinical evaluation of cases in which
torture or ill-treatment is alleged or suspected
(iii) A record of all physical and psychological includes a number of components, many of which
findings on clinical examination, including are common to assessments of both physical and
appropriate diagnostic tests, body diagrams to psychological evidence. The following guidance
record the location and nature of all injuries on interview content focuses on common
(see annex III) and, where possible, colour components of clinical evaluations. Additional
photographs of all injuries; guidance on the clinical evaluations of physical and
psychological evidence of torture or ill-treatment
(iv) An interpretation as to the probable is included in chapters V and VI respectively.
relationship of the physical and psychological
findings to possible torture or ill-treatment; 1. Introduction and identification

(v) A recommendation for any necessary medical 358. Interviews for clinical evaluations usually begin with
and psychological treatment and/or further examiners introducing themselves followed by:
examination;
(a) An explanation of the purpose of the evaluation
(vi) Identification and signature of the evaluating and the role of the interviewer as an examiner rather
clinician(s). than a treating clinician;

355. It is important to note that the Istanbul Principles (b) A review of the conditions of the evaluation:
apply to clinical evaluations in legal and non-legal
contexts with one exception – that clinical evaluations (i) Independence of the evaluator or lack thereof;
in non-legal contexts do not require an interpretation
of the level of consistency between the clinical findings (ii) Confidentiality of the clinician’s findings
and the allegations of torture or ill-treatment or an and any applicable limits, such as mandatory
opinion on the possibility of torture (see para. 635 reporting requirements;
below). Nevertheless, in these non-legal contexts,
clinicians who have knowledge and experience of (iii) Right to refuse to answer questions or
applying the Istanbul Protocol and its Principles participate in examinations;
should still consider providing an interpretation of
the level of consistency between the clinical findings (iv) Importance of detail and accuracy of
and the alleged method(s) of injury, as well as an information;
opinion on the possibility of torture or ill-treatment
as defined in the Convention against Torture. (v) Possible difficulty of recalling certain events
and potential for retraumatization and emotional
356. The Istanbul Protocol includes minimum standards reactions;
for the State’s obligation to effectively investigate
torture and ill-treatment, which are articulated in (vi) Ability to take breaks;
the Istanbul Principles and further elaborated in
the present manual. The Istanbul Protocol and its (vii) Access to refreshments and toilet facilities;
Principles provide detailed guidance to clinicians who
conduct medico-legal evaluations, which should be (c) A statement on the overall content of the evaluation
applied in accordance with a reasonable assessment of including: detailed questions on events before during
available resources and clinical judgment (see annex and after the alleged torture or ill-treatment, followed
IV). It is important to understand that comprehensive by a physical and psychological examination, should
clinical evaluations typically take several hours or this be the case, and the possibility of photographs;

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