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IV. GENERAL CONSIDERATIONS FOR INTERVIEWS ISTANBUL PROTOCOL

(d) A discussion of the likely benefits and risks of the 3. Psychosocial history before arrest
evaluation;
363. The examiner should enquire into the person’s social
(e) Responses to any questions or concerns that the history, daily activities, relationships with friends
individual may have; and family, work or school, occupation, interests,
future plans and use of alcohol and drugs prior to the
(f) A request for informed consent to proceed with the alleged torture or ill-treatment. Information should
evaluation. 414 also be elicited regarding the person’s post-detention
psychosocial history. Inquiries into political activities,
359. For medico-legal evaluations, the clinician should identity, beliefs and opinions are relevant insofar
establish the identity of the subject. As previously as they help to explain why a person was detained,
mentioned, law enforcement officials should not be tortured or ill-treated. The clinician should be aware
present during the evaluation. If such officials refuse to of the fact that including information on political
leave the examination room, it should be noted in the activities of a person in the clinical documentation
clinician’s report or the evaluation can be cancelled. may cause additional risks for the individual and,
as such, might be against the ethical principle of
2. Background/case information “do no harm”. Such inquiries can sometimes elicit
informative responses when made indirectly by asking
360. General information. Clinicians should obtain the person what accusations have been made.
relevant background information, which typically
includes the individual’s legal name, date and 4. Allegations of torture and ill-treatment
place of birth, the reason(s) for the evaluation, the
name of the individual or authority requesting the 364. In many cases of alleged torture or ill-treatment, there
evaluation, the name of any interpreter or third party may be multiple interviewers, such as other fact-
present during the evaluation, the language used to finders, lawyers and others, who are also involved.
conduct the interview and whether there were any Any communication, sharing of information or other
restrictions on the evaluation, including physical interaction with these actors should be conducted
restraints on the alleged victim or time constraints. thoughtfully and in accordance with ethical principles.

361. Past medical and mental health history. Clinicians (a) Summary of detention and torture
should obtain a complete history, including prior or ill-treatment
medical, surgical and/or psychiatric problems.
The clinician should document any history of 365. Before obtaining a detailed account of events, elicit
injuries before the period of detention and any summary information, including dates, places, duration
possible after-effects. Knowledge of prior injuries of detention, and frequency and duration of sessions
may help to differentiate physical findings related involving torture or ill-treatment. A summary will
to torture from those that are not. The clinician help to make effective use of time. In some cases in
should enquire about medication being taken by the which survivors have been subjected to torture or
individual; this is particularly important because ill-treatment on multiple occasions, they may be
medication may be denied to a person in custody able to recall what happened to them, but often they
with significant adverse health consequences. cannot recall exactly where and when each event
occurred. In such circumstances, it may be advisable
362. Review of prior clinical evaluations of alleged to elicit the historical account according to methods
torture or ill-treatment. Clinicians should enquire of torture or ill-treatment rather than relating a series
about the possibility of any prior clinical evaluation of events during specific arrests. Places of detention
of the alleged torture or ill-treatment, whether are operated by different security, police or armed
in custody or after release. With the individual’s forces, and understanding what occurred in different
consent, clinicians should do their utmost to places may be useful for a full picture of the torture
obtain a copy of any such reports as it may provide system. Obtaining a map of where the alleged torture
corroborating or conflicting clinical information. or ill-treatment occurred may be useful in piecing

414 If there is any doubt about the individual’s mental competency before or during the evaluation, an assessment of possible cognitive impairment should be conducted as the
consent of individuals deemed to be mentally incompetent is not valid.

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