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ISTANBUL PROTOCOL                                   VI.  PSYCHOLOGICAL EVIDENCE OF TORTURE AND ILL-TREATMENT




                (b) Dissociative disorders, featuring a partial or   establishing conditions under which confessions
                complete loss of normal integration among memories   may have been forcibly obtained, understanding
                of the past, awareness of identity, immediate sensations   domestic, regional and international practices of
                and control of bodily movements. The capacity of   torture, identifying the therapeutic needs of victims,
                voluntary and conscious control of movements and   supporting claims for reparation and redress and as
                attention seems to be distorted and can change within   testimony in human rights investigations, fact-finding
                short periods of time;                            missions and inquiries. As the emotional impact
                                                                  of torture is profound and resulting psychological
                (c) Somatic symptoms disorders, characterized by   symptoms are so prevalent among torture survivors, it
                somatic symptoms, accompanied by excessive and    is highly advisable for any evaluation of alleged torture
                disproportionate thoughts, feelings and behaviours and   victims to include a comprehensive psychological
                high distress or significant disruption of functioning.   assessment. The overall goal of a psychological
                Symptoms may or may not be associated with a      evaluation for a medico-legal report in accordance
                medical condition. In ICD-11 this is classified as bodily   with the Istanbul Protocol is to assess the degree
                distress disorder;                                of consistency between an individual’s account of
                                                                  torture and the psychological findings obtained
                (d) Bipolar disorder featuring manic or hypomanic   in the course of the evaluation and to provide an
                episodes with elevated, expansive or irritable mood,   opinion on the probable relationship between the
                grandiosity, decreased need for sleep, flight of ideas,   psychological findings and the possible torture or
                psychomotor agitation and associated psychotic    ill-treatment. Psychological evidence comprises not
                phenomena;                                        only the alleged victim’s statement, but a variety of
                                                                  information, including observations on verbal and
                (e) Disorders due to a general medical condition (e.g.   non-verbal communication, emotional reactions,
                traumatic brain injury) often in the form of brain   affective resonance and behaviour. To this end, the
                impairment with resultant fluctuations or deficits   evaluation should provide a detailed description of
                in level of consciousness, orientation, attention,   the methods of assessment, current psychological
                concentration, memory and executive functioning;  complaints, pre- and post-torture history, history of
                                                                  torture and ill-treatment, past psychological/psychiatric
                (f) Psychotic disorders, either as a first manifestation or   history, substance use/misuse history, mental status
                exacerbation after torture;                       examination, assessment of social functioning,
                                                                  results of psychological/neuropsychological testing if
                (g) Sexual dysfunction.                           indicated and the formulation of clinical impressions.
                                                                  A psychiatric diagnosis should be made, if appropriate.
            522. It should also be considered that non-torture-specific,
                pre-torture disorders (e.g. recurrent depressive   525. The assessment of psychological status and the
                episodes) can worsen or resurface as a result of torture.  formulation of a clinical diagnosis should always
                                                                  be made with an awareness of the cultural context.
                                                                  Awareness of how the cultural background and
            C.  Psychological/psychiatric                         language of the survivor shape the individual
                evaluation                                        psychological expression of distress is of paramount
                                                                  importance for conducting the interview and
            1.  Ethical and clinical considerations               formulating the clinical impression and conclusion.
                                                                  When the interviewer has little or no knowledge
            523. Psychological evaluations can provide critical   of the alleged victim’s culture, the assistance of an
                evidence of abuse among torture victims for       interpreter is essential. Ideally, an interpreter from
                several reasons: torture often causes devastating   the alleged victim’s country knows the language,
                psychological symptoms; torture methods are       customs, religious traditions and other beliefs that
                often designed to leave no physical lesions; and   must be taken into account during the evaluation.
                physical methods of torture may result in physical   Interviews may induce fear and mistrust on the part
                findings that either resolve or lack specificity.  of victims and possibly remind them of previous
                                                                  interrogations. To reduce the risk of retraumatization,
            524. Psychological evaluations provide critical evidence   the clinician should communicate a sense of
                for medico-legal examinations, asylum applications,   understanding of the individual’s experiences and




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