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ISTANBUL PROTOCOL                                         V.  PHYSICAL EVIDENCE OF TORTURE AND ILL-TREATMENT




                examination. Dental care may be purposefully      still be documented. Pain may be specific to the torture
                withheld to allow caries, gingivitis or tooth abscesses   mechanism or non-specific and generalized. Physical
                to worsen. A careful dental history should be taken   examination should include testing for mobility of
                and, if dental records exist, they should be requested.   the joints, spine and extremities. Clinicians should
                Tooth avulsions, fractured teeth, dislocated fillings   note: pain on palpation or with motion, muscle
                and broken prostheses may result from direct      strength, contracture, evidence of compartment
                trauma or electric shock torture. Dental caries and   syndrome, fractures with or without deformity and
                gingivitis should be noted. Poor quality dentition   dislocations. In the case of severe beatings, muscle
                may be due to conditions in detention or may have   tissue breakdown may lead to myoglobin release into
                preceded the detention. The oral cavity must be   the blood circulation in large amounts, potentially
                carefully examined. During application of an electric   leading to acute kidney failure. The urine myoglobin
                current, the tongue, gums or lips may be bitten.   level may be tested when and if available in severely
                Lesions might be produced by forcing objects or   beaten survivors during the acute phase. 424  Suspected
                materials into the mouth, as well as by applying   dislocations, fractures and osteomyelitis should be
                electric current. Impact to the face may result in   evaluated radiologically. Injuries to tendons, ligaments
                patterned abrasions or bruises on the buccal aspect   and muscles are best evaluated with MRI, although
                of the cheek. The frena may be torn. Radiological   arthrography can also be performed. In the acute stage,
                techniques should be used to confirm the extent of   this can detect haemorrhage and possible muscle tears.
                soft tissue, mandibular and dental trauma. Caries   Muscles usually heal completely without scarring;
                are more likely to develop in broken teeth, possibly   thus, later imaging studies will be negative. MRI
                leading to the loss of the tooth. Absence of a tooth   and CT images of denervated muscles and chronic
                may therefore be due to trauma directly or indirectly.  compartment syndrome may demonstrate muscle
                                                                  fibrosis. Bone bruises can be detected by MRI or
            3.  Chest and abdomen                                 scintigraphy. Bone bruises usually heal without leaving
                                                                  traces. Vitamin D deficiency due to lack of sunlight
            413.  Examination of the torso, in addition to noting lesions   and poor diet can also be a cause of musculoskeletal
                of the skin, should be directed towards detecting   pain and responds to replacement therapy.
                regions of pain, tenderness or discomfort that would
                reflect underlying injuries of the thoracic muscles   5.  Genito-urinary system
                and skeleton or abdominal organs. The examiner
                must consider the possibility of intramuscular,   415.  If genital examination is necessary, it must be
                retroperitoneal and intra-abdominal haematomas,   performed only with the specific consent of the
                as well as laceration or rupture of an internal organ.   alleged victim and may need to be postponed to
                Radiological techniques are required to confirm such   a later examination. A chaperone must be offered
                injuries. Blood tests and urinalysis may be useful   if the examining physician’s gender is different
                screens for such injuries. Routine examination of the   from that of the patient. For more information,
                cardiovascular system, lungs and abdomen should be   see paragraph 283 above. See paragraphs 455–479
                performed in the usual manner. Pre-existing respiratory   below on sexual torture, including rape, and further
                disorders are likely to be aggravated in custody and   information regarding examination of victims of
                new respiratory disorders frequently develop.     sexual assault. Ultrasonography, kidney function
                                                                  tests, urinalysis and dynamic scintigraphy can
            4.  Musculoskeletal system                            be used for detecting genito-urinary trauma.

            414.  Complaints of musculoskeletal aches and pains are   6.  Central and peripheral nervous systems
                very common in torture survivors. 422  They may be
                the result of repeated beatings, suspension, other   416.  The neurological examination should evaluate
                positional torture or the general physical environment   the cranial nerves, sensory organs and peripheral
                of detention. 423  They may also be psychosomatic or   nervous system, checking for both motor and sensory
                somatic (see para. 507 below) in nature, but should   neuropathies related to possible trauma, vitamin




            422   Emma Baird and others, “Interventions for treating persistent pain in survivors of torture”, Cochrane Database of Systematic Reviews (2017).
            423   Duncan Forrest, “Examination for the late physical after effects of torture”, Journal of Clinical Forensic Medicine, vol. 6, No. 1 (1999), pp. 4–13.
            424   Michael S. Pollanen, “The pathology of torture”, Forensic Science International, vol. 284 (2018), pp. 85–96.


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