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




                above and annex IV. The clinician’s opinion on    has been beaten while suspended by handcuffs.
                the possibility of torture or ill-treatment should be   These findings can be distinguished from self-harm
                expressed using the same levels of consistency as that   injuries by their location on the bony aspects, and
                used for interpreting findings: not consistent with,   often relative symmetry, whereas self-harming
                consistent with, highly consistent with, typical of and   is more common on the non-dominant forearm.
                diagnostic of. Ultimately, it is the overall evaluation   Ligature injuries will depend on the tightness of
                of all the clinical findings, and not the consistency   the ligature, the nature of the ligature used, 427  and
                of each lesion or symptom with a particular form   the force applied, such as twisting of handcuffs or
                of torture or ill-treatment, that is important in   suspension and beating while handcuffed. 428
                assessing allegations of torture or ill-treatment.
                                                              427.  Acute abrasions resulting from superficial scraping
            425. In addition to providing a conclusion on the     lesions of the skin may appear as scratches, brush-
                possibility of torture or ill-treatment, clinicians   burn type lesions or larger scraped lesions. At times,
                should reiterate current symptoms and disabilities   acute abrasions may show a pattern that reflects the
                and the likely effects on social functioning      contours of the instrument or surface that inflicted
                and provide any recommendations for further       the injury. Repeated or deep abrasions may create
                evaluations and care for the individual.          areas of hypo or hyperpigmentation, depending on
                                                                  skin type. This occurs on the inside of the wrists
                                                                  if the hands have been tied together tightly.
            E.  Examination and evaluation
                following specific forms of torture           428. Bruises are areas of haemorrhage into soft tissue due

                                                                  to the rupture of blood vessels from blunt trauma. The
            1.  Beatings and other forms of blunt trauma          extent and severity of a bruise depends not only on the
                                                                  amount of force applied but also on the structure and
            (a)  Skin damage                                      vascularity of the bruised tissue. Bruises occur more
                                                                  readily in areas of thin skin overlying bone or in fatty
            426. Acute lesions are often characteristic of torture and   areas. Many medical conditions, including vitamin and
                ill-treatment, because they show a pattern of inflicted   other nutritional deficiencies, age and medication may
                injury that differs from non-inflicted injuries in, for   be associated with easy bruising or purpura. Bruises
                example, their shape, size, distribution on the body   and abrasions indicate that blunt force was applied to
                and number. Since most lesions heal within a few   a particular area. The absence of a bruise or abrasion,
                weeks of torture or ill-treatment leaving no scars, or   however, does not indicate that there was no blunt
                non-specific scars, a characteristic history of the acute   force to that area. Bruises may be patterned, reflecting
                lesions and their development until healing might   the shape of the inflicting instrument. For instance,
                be the only support for an allegation of torture or   “tramline” bruising may occur when an instrument,
                ill-treatment. Permanent changes in the skin due to   such as a truncheon or cane, has been used. The
                blunt trauma are non-specific and usually without   shape of the object may be inferred from the shape of
                diagnostic significance. Prolonged application of   the bruise. The colour of a bruise does not assist in
                tight ligatures may result in characteristic findings,   assessing age of injury. The perception of bruise colour
                including a linear zone extending circularly around the   varies according to skin tone and cannot be determined
                arm or leg, usually at the wrist or ankle, containing   accurately from images. In some skin types, bruising
                few hairs or hair follicles, a form of cicatricial   can lead to hyperpigmentation, which can last several
                alopecia. These findings may be diagnostic of the   years. Bruises that develop in deeper subcutaneous
                alleged torture or ill-treatment as there are no other   tissues may not appear until several days after injury,
                skin diseases or injuries that could account for such   when the extravasated blood has reached the surface.
                findings. These findings are relatively rare, however;   In cases of an allegation but an absence of a bruise,
                it is more common to see short, linear, narrow scars   the victim should be re-examined after several days.
                over the bony sides of the wrists from handcuff   It should be taken into consideration that the final
                abrasions, especially in situations in which the person   position and shape of bruises may bear no relationship



            427   Muhammed Nabi Kantarci and others, “Evaluation of plastic and metal handcuff-related injuries under custody in medical examinations”, Turkiye Klinikleri Journal of
                Medicine Sciences, vol. 33, No. 2 (2013), pp. 360–365 (in Turkish with summary in English).
            428   Miriam Y. Neufeld and others, “Forensic evaluation of alleged wrist restraint/handcuff injuries in survivors of torture utilizing the Istanbul Protocol”, International Journal of
                Legal Medicine, vol. 135, No. 2 (2021), pp. 583–590.


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