Page 95 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ISTANBUL PROTOCOL III. LEGAL INVESTIGATION OF TORTURE OR ILL-TREATMENT

possible through the testimony of the alleged medical treatment, contact with other detainees and
victim (see paras. 360–370 below): visits), the usual routine in the place of detention and
the pattern of alleged ill-treatment (e.g. the location
(a) The circumstances leading up to the alleged torture and time of day the torture or ill-treatment tended to
or ill-treatment, including threats, harassment, insults, occur, its duration and other such factors);
arrest or abduction and detention;
(g) A description of the facts of the alleged torture
(b) Approximate dates and times of the alleged torture or ill-treatment, including the methods used. This
or ill-treatment, including when the last instance of is understandably often difficult, and investigators
torture or ill-treatment occurred. Establishing this should not expect to obtain the full account of
information may not be easy, as there may be several events during one interview. It is important to obtain
places and alleged perpetrators (or groups of alleged precise information, but questions related to intimate
perpetrators) involved. Separate stories may have humiliation and assault will be traumatic, often
to be recorded about the different places. Expect extremely so;
chronologies to be inaccurate and sometimes even
confusing; notions of time are often hard to focus (h) Whether the individual was sexually assaulted.
on for someone who has been tortured or ill-treated. Most people will tend to answer a question on alleged
Separate stories about different places may be useful sexual assault as meaning actual rape or sodomy.
when trying to get a global picture of the situation. Investigators should be sensitive to the fact that verbal
Survivors will often not know exactly to where they assaults, disrobing, groping, lewd or humiliating acts
were taken, having been blindfolded or semi-conscious. or blows or electric shocks to the genitals are often
By putting together converging testimonies, it may be not taken by the victim as constituting sexual assault,
possible to “map out” specific places, methods and and that children might not comprehend the concept
even perpetrators; of sexual assault or identify it. These acts all violate
the individual’s intimacy and should be considered as
(c) A detailed description of the persons directly or being part and parcel of sexual assault. Very often,
indirectly involved in the alleged arrest, detention victims of sexual assault will say nothing or even deny
and torture or ill-treatment, including the command any sexual assault. It is often only on the second or
structure of the place of detention, whether they knew even third visit, if the contact made has been empathic
any of them prior to the events relating to the alleged and sensitive to the person’s gender, sexual orientation,
torture or ill-treatment, clothing, scars, birthmarks, culture and personality, that more of the sexual assault
tattoos, height, weight (victims may be able to describe history will be disclosed (see paras. 274–276 below);
the alleged torturers or persons who committed the
ill-treatment in relation to their own size), anything (i) Physical injuries sustained in the course of the
unusual about the perpetrator’s anatomy, language and alleged torture or ill-treatment as well as other related
accent, names, including nicknames used, and whether immediate and long-term physical harm;
the alleged perpetrators were intoxicated at any time;
(j) Immediate and long-term mental harm suffered,
(d) Details of what the person was told or asked. For functional limitations and the socioeconomic impact of
example, this may provide relevant information when the alleged torture or ill-treatment on the person and
trying to identify secret or unacknowledged places of the person’s family;
detention;
(k) A description of weapons or other physical
(e) A description – which can be supplemented by objects allegedly used. If specifically designed torture
sketches – of the place of detention and its layout, equipment was allegedly used, any information about
or place of alleged torture or ill-treatment if outside its type, make (manufacturer) and country of origin;
of a detention facility, detention cells, interrogation
rooms and torture rooms if different, including torture (l) The identity of witnesses to the events involving
equipment present in the room and/or used (e.g. rods, alleged torture or ill-treatment;
pipes, hooks, ropes, barbed wire and water tanks);
(m) A description of any other relevant evidence, such
(f) A description of the conditions of detention (e.g. as any recordings of the alleged torture or ill-treatment
space, food, hygiene, temperature, light, access to or events leading up to it or following it, and the

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