Page 126 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา
P. 126

ISTANBUL PROTOCOL                                              IV.  GENERAL CONSIDERATIONS FOR INTERVIEWS




                together the accounts of different people. This will   alleged abuse take place, when and for how long? Were
                often prove very useful for the overall investigation.  you blindfolded? Before discussing forms of abuse,
                                                                  note who was present (give names and positions).
            (b)  Circumstances of arrest and detention            Describe the room or place. Which objects did you
                                                                  observe? If possible, describe each instrument of
            366. The circumstances of detention should be elicited.   alleged torture or ill-treatment in detail; for electrical
                Consider questions about perpetrators, their      torture, the type of current, device, number and shape
                appearance, witnesses, types of detention and     of electrodes. Ask about clothing, disrobing and change
                descriptions of events. Some focused or probing   of clothing. Record quotations of what was said during
                questions may include: What time was it? Where were   the interrogation, insults used against the alleged
                you? What were you doing? Who was there? How      victim, etc. What was said among the perpetrators?
                would you describe the appearance of those who
                detained you? Who were they and what were they   369. In assessments of physical evidence of torture or
                wearing? What type of weapons, if any, were they   ill-treatment, for each form of alleged abuse, the
                carrying? What was said? Were there any witnesses?   clinician may note: body position, restraint, nature
                Was this a formal arrest, administrative detention or   of contact, including duration, frequency, anatomical
                disappearance? Was violence used, threats spoken? Was   location and the area of the body affected. Was there
                there any interaction with family members? Note the   any bleeding, head trauma or loss of consciousness?
                use of restraints or blindfold, means of transportation,   Was the loss of consciousness due to head trauma,
                destination and names of officials, if known.     asphyxiation or pain? The clinician should also ask
                                                                  about the condition of the person, how the person was
            (c)  Place and conditions of detention                at the end of the “session”, such as gait, any difficulty
                                                                  walking, ability to function in the following days
            367.  The clinician should document any contact with   and physical signs, such as swelling of the feet. These
                family, lawyers or health professionals, conditions of   details provide enhanced descriptions, compared with
                overcrowding or solitary confinement, the dimensions   a checklist. The history should include the date(s) of
                of the place of detention and whether there are other   alleged torture or ill-treatment, how many times and
                people who can corroborate the detention. Consider   for how many days the torture or ill-treatment lasted,
                the following focused questions: What happened first?   the period of each episode and the description and
                Where were you taken? Was there an identification   style of the suspension (reverse-linear, being covered by
                process (personal information recorded, fingerprints   a thick cloth blanket or being tied directly with a rope,
                or photographs)? Were you asked to sign anything?   weight applied to the legs or pulling down) or position.
                Describe the conditions of the cell or room (note   In cases of torture involving suspension, the clinician
                size, others present, light, ventilation, temperature,   should ask which sort of material was used as rope,
                presence of insects, rodents, bedding and access to   wire and cloth leave different marks, if any, on the skin
                food, water and the toilet). What did you hear, see and   after suspension. The clinician must remember that
                smell? Did you have any contact with people outside   statements about the length of the session involving
                or access to medical care? What was the physical   torture or ill-treatment by the alleged victim are
                layout of the place in which you were detained?   subjective and may not be precise, since disorientation
                                                                  of time and place during torture and ill-treatment is a
            (d)  Narrative account of torture or ill-treatment    commonly observed finding. The alleged victim should
                                                                  be asked to describe any episodes of sexual harassment,
            368. The clinician should elicit a detailed description of any   threats or abuse and the clinician should elicit what
                allegations of torture or ill-treatment, including both   was said during the alleged torture or ill-treatment.
                physical and psychological forms. To reduce the risk   For example, during torture involving electric shocks
                of potential embellishment, clinicians should exercise   to the genitals, perpetrators may often tell their
                caution in the use of direct questions suggesting specific   victims that they will no longer be capable of normal
                forms of abuse as described in paragraph 372 below.   sexual relations or something similar. For a detailed
                However, eliciting negative responses to questions   discussion of assessments of allegations of sexual
                about various forms of torture may also help establish   torture, including rape, see paragraphs 455–479 below.
                the credibility of the clinical findings. Questions should
                be designed to elicit a coherent narrative account.   370.  As stated in chapter I, torture and ill-treatment
                Consider the following questions: Where did the   include a wide range of acts wherein physical and/or




            86
   121   122   123   124   125   126   127   128   129   130   131