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

(b) Considerations for conducting the evaluation to arrive at a clear, mutual understanding regarding
the nature and degree of their participation and
576. As a preparation for the evaluation, clinicians need to of the information that will be given to them.
consider the individual and contextual circumstances
that require an adjustment of the complexity of 578. The establishment of trust can be challenging, as
language and the expectations for the level of detail the child may experience the interview situation
that the child will be able to provide. 490 Wherever or conditions as reminiscent of the torture or
possible, it is recommended to gather information ill-treatment. Trust may be undermined due to age
from parents, teachers and others about the child’s and power imbalances or if clinicians or interpreters
developmental history, special needs, psychiatric and are perceived as representative of the political,
medical history, social and school functioning, and ethnic or social group whose authorities executed
behavioural adjustment. 491 Caregivers can also provide the torture. These factors may affect the trust and
information about the child’s emotions and alterations comfort of the parents and guardians with the
in mood and behaviour. If the child or adolescent is evaluation as well. It may be impossible to achieve
not accompanied by parents, or parental substitutes, the establishment of trust within the limited time
as occurs in the case of unaccompanied minors in frame of the evaluation. The UNCHR guidelines for
asylum cases, special attention should be given to interviewing children in the context of applications
establishing a trustful and welcoming atmosphere. It is for asylum in the European Union state that: “Good
also important to make sure that the unaccompanied practice in building trust was evidenced at the
minor is taken care of after the interview. beginning of many interviews at which the interviewers
introduced the interpreters, explained their role, the
577. The clinician should be aware of and consider the meaning of confidentiality, that they would speak
potential risks and threats to the child, e.g. by the in the first person and interpret verbatim.” 494
perpetrators of torture. It is strongly recommended
that clinicians plan for an evaluation that can be 579. It is recommended to greet the child appropriately
longer than that of adults, considering the time that and to begin the assessment with neutral subjects on
might be required to establish rapport with a child matters related to the child’s everyday life, such as
or allow them the time that might be required to school, friendships and favoured activities. Another
share important and sensitive information. 492 This factor that can potentially facilitate the establishment
could mean scheduling the evaluation over several of trust is a reduction of psychological distance and
days of meetings and including time for breaks and formality; for example, by using a round or oval
conversations and activities unrelated to the torture or table and avoiding having a computer screen in front
ill-treatment experience. The level of communication of the clinician and interpreter. It is recommended
with the child needs to be appropriate to their age, that the clinician provide ample opportunity for
level of development, communication skills and breaks and notice the child’s presentation with special
other individual and contextual circumstances. 493 care taken to not overwhelm the child. If there are
The child should be provided with information and indications that the child is becoming anxious,
explanations about the evaluation that will enable dissociated or in notable distress, the evaluator should
them to make decisions on whether and how they make note of these clinical indicators and take all
wish to participate in the procedure in a way that steps to relieve the child and/or provide psychosocial
is comprehensible to them and appropriate to their support. The evaluation can be recorded with the
age and level of maturity. Potential and actual consent of the child and possibly that of the parent
risks should be considered with the child. To the or guardian to enable the interviewers to maintain
degree that it is possible and in the best interests direct communication with the child without the
of children, it is a good practice to include their interruptions of note-taking. 495 If the assessment is
parents or guardians in the assessment process and recorded, extra caution should be given to keeping the

490 UNHCR, The Heart of the Matter: Assessing Credibility when Children Apply for Asylum in the European Union (Brussels, 2014), p. 107.
491 Kathryn Kuehnle and Steven N. Sparta, “Assessing child sexual abuse allegations in a legal context”, in Forensic Mental Health Assessment of Children and Adolescents,
Steven N. Sparta and Gerald P. Koocher, eds. (New York, Oxford University Press, 2006), pp. 129–148.
492 Ibid.
493 UNHCR, The Heart of the Matter, p. 107.
494 Ibid., p. 126.
495 Ibid., p. 107.

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