Page 150 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

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

(f) Dyspareunia (painful sexual intercourse in women) forcibly conducted and involve vaginal penetration,
or infertility due to acquired sexually transmitted the examination should be considered as sexual
infection, direct trauma to reproductive organs assault and rape. The involvement of health
or poorly performed abortions of pregnancies professionals in these examinations violates the basic
following rape. standards and ethics of the relevant professions.

(e) Genital examination of females 473. Female genital mutilation should be identified if
present. Despite international efforts to eliminate
471. In many cultures or social groups, it is completely female genital mutilation, it is still commonly
unacceptable to penetrate the vagina of a practised, with 200 million women and girls
woman who is a virgin with anything, including alive worldwide who have been subjected to this
a speculum, finger or swab. If the woman practice for sociocultural reasons. Mutilation of
demonstrates evidence of vaginal penetration on the genitalia may also have been part of the sexual
external visual inspection, it may be unnecessary torture. Female genital mutilation is categorized
to conduct an internal pelvic examination. by the World Health Organization as follows:
Genital examination findings may include:
(a) Type I: partial or total removal of the clitoral glans,
(a) Small lacerations or tears of the vulva. These may and/or the prepuce/clitoral hood;
be acute and are caused by excessive stretching. They
normally heal completely, but can scar, although (b) Type Ia: removal of the clitoral hood or
repeated penetration does not necessarily result in prepuce only;
visual evidence;
(c) Type Ib: removal of the clitoral glans with the
(b) Abrasions of the female genitalia. Abrasions can prepuce/clitoral hood;
be caused by contact with rough objects, such as
fingernails or rings or the absence of lubrication; (d) Type II: partial or total removal of the clitoral glans
and the labia minora, with or without excision of the
(c) Vaginal lacerations. They cannot necessarily labia majora (excision);
be differentiated from incisions caused by inserted
sharp objects; (e) Type IIa: removal of the labia minora only;

(d) Healed scarring around the genital area. This may (f) Type IIb: partial or total removal of the clitoral
have been caused by cigarette burns or cutting wounds. glans and the labia minora;

472. Many of the genital examination findings listed (g) Type IIc: partial or total removal of the clitoral
above may result from “virginity examinations”, glans, the labia minora and the labia majora;
which are practised in many countries often forcibly,
including in detention places, on women who allege (h) Type III: narrowing of the vaginal opening with
rape or are accused of prostitution; and as part of creation of a covering seal by cutting and repositioning
public or social policies to control sexuality. In its the labia minora or the labia majora, with or without
statement of 2014 on the matter, 441 the Independent excision of the clitoral prepuce/clitoral hood and glans
Forensic Expert Group concludes that virginity (infibulation);
examinations are medically unreliable and have no
clinical value. These examinations are inherently (i) Type IIIa: removal and repositioning of the
discriminatory and, in almost all instances, when labia minora;
conducted forcibly, result in significant physical and
mental pain and suffering. When conducted by, or (j) Type IIIb: removal and repositioning of the
at the instigation of, a public official or other person labia majora;
acting in an official capacity, the virginity examination
will thereby constitute cruel, inhuman or degrading
treatment or torture. When virginity examinations are

441 Independent Forensic Expert Group, “Statement on virginity testing” (see footnote 309).

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