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




                later examination that may be distinctive. Regular   not always of serious dimensions, cortical atrophy
                patterns of small incisional scars could be due to   and diffuse axonal damage can be expected. In cases
                traditional healers. 431  If pepper or other noxious   of trauma caused by falls, contrecoup (location in
                substances are applied to open wounds, the scars   opposition to the trauma) lesions of the brain may
                may become hypertrophic. Juju ritual scars may    be observed, whereas in cases of direct trauma,
                have pigment, such as soot, rubbed in to them.    contusions of the brain may be observed directly under
                                                                  the region in which the trauma was inflicted. Scalp
            434. Clinicians may be asked to estimate the age of scars.   bruises are frequently invisible externally unless there
                It is unlikely that much can be said unless a wound   is swelling. Bruises may be difficult to see in dark-
                appears very recent with redness and crusting. During   skinned individuals, but will be tender upon palpation.
                the process of wound healing the initial crusting is   Estimates of a period of loss of consciousness following
                followed by scar tissue formation, which appears red   head injury are unlikely to be accurate as a person
                at first and gradually becomes paler and flatter. Scar   may suffer a period of peri-traumatic amnesia.
                redness is variable and influenced by factors other
                than the elapse of time, including skin tone. The time   437.  Having been exposed to blows to the head, a torture
                taken for a scar to evolve from the acute form to   survivor may complain acutely of pain, dizziness,
                the flat pale mature form is variable, depending on   nausea, vomiting and visual disturbance. Chronically,
                multiple factors, including trauma to wound edges,   there may be persistent headaches dizziness and
                depth of wound, infection, wound closure method,   memory or other cognitive deficits. There may be
                a “dirty” or clean wound, access to wound hygiene,   seizure disorders. The pain may be somatic or may
                the position on the body, tension on and movement   be referred from the neck. The victim may report
                of the wound, nutrition, chronic disease, pressure   pain when touched in that region, and diffuse or
                and friction of clothing. Some wounds (e.g. cigarette   local fullness or increased firmness may be observed
                burns) may be intensely itchy during healing, leading   by means of palpation of the scalp. Scars can be
                to a habit of scratching or rubbing them, which may   observed in cases in which there have been lacerations
                leave them red or pink long after other wounds have   of the scalp. Acutely after head trauma, headaches
                become quiescent. For these reasons, scars caused   may be the initial symptom of an expanding
                at the same time and by the same mode of injury   subdural haematoma. They may be associated
                may heal at different rates. While it is not usually   with the acute onset of mental status changes and
                possible therefore to give an exact opinion on the   a CT scan must be performed urgently. Soft tissue
                date of a lesion, it may be possible to state that the   swelling or haemorrhage will usually be detected by
                appearance is in keeping with the timeline stated.  CT or MRI. It may also be appropriate to arrange
                                                                  psychological or neuropsychological assessments (see
            (b)  Fractures                                        paras. 549–565). Late effects of brain injury can be
                                                                  detected with specialized radiological techniques.
            435. Fractures produce a loss of bone integrity due to   Minor traumatic brain injury, even without loss of
                the effect of a blunt mechanical force on various   consciousness, may affect memory and concentration
                vector planes. A direct fracture occurs at the site of   in the short and long term. Brain injury from
                impact or the site at which the force was applied.   asphyxia torture may also lead to cognitive deficit.
                The location, contour and other characteristics of
                a fracture reflect the nature and direction of the   438. Violent shaking as a form of torture may produce
                applied force. It is sometimes possible to distinguish   cerebral injury without leaving any external
                a fracture inflicted through accidental injury by the   marks, although bruises may be present on the
                radiological appearance of the fracture. Radiological   upper chest or shoulders where victims or their
                dating of relatively recent fractures should be   clothing has been grabbed. At its most extreme,
                done by an experienced trauma radiologist.        shaking can produce injuries identical to those seen
                                                                  in the shaken baby syndrome: cerebral oedema,
            (c)  Head trauma                                      subdural haematoma and retinal haemorrhages.
                                                                  More commonly, victims complain of recurrent
            436. Head trauma is one of the most common forms of   headaches, disorientation or mental status changes.
                torture. In cases of recurring head trauma, even if   Shaking episodes are usually brief, only a few



            431   Ibid.


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