Campaign against custodial torture in India
About Us
We are a group of concerned doctors, lawyers, activists and family of incarcerated persons who would like to raise awareness about custodial torture and facilitate access to justice.
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Created by: Dr. Sylvia Karpagam
Acknowledgement: Dr Amar Jesani
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Mission Justice
Campaign Against Racism and Discrimination, India
Shrujan Foundation
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This resource is supported by
Who is this site meant for?
This site does not cover the situation where the victim of torture is dead when first examined. For this refer to The Guidelines for autopsy in custodial death by the Centre for Enquiry into Health and Allied Themes (CEHAT) 2020.
Most of the content is drawn from
The Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2022 edition)
This site is for
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1. Healthcare personnel to recognize, document and respond to torture. It includes all health personnel such as forensic doctors, general practitioners, nurses and other clinicians working with individuals who have suffered from ill-treatment, including torture.
2. Lawyers and activists who work closely with people in custody and importantly for people who have a family member, friend or acquaintance in police custody as well as the incarcerated person themselves. Understanding what constitutes torture, what are the national and international frameworks that protect people against torture, especially those who because of some markers, become much more vulnerable to state supported torture will be a first step in holding the police and judiciary accountable.
Definitions of torture and other
ill-treatment
Article 2 of the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment states:
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
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2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
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“3. An order from a superior officer or a public authority may not be invoked as a justification of torture.”
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Key elements of torture
The intentional infliction of severe physical or mental pain or suffering
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By or with the consent or acquiescence of the state authorities
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For a specific purpose, such as gaining information, punishment or intimidation
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Situations when healthcare personnel can come in contact with victims/survivors of torture.
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When a victim/survivor is brought by the police during and soon after the torture because of health-related issues or to get a ‘clearance’.
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After a victim/survivor has been released, but have developed health related complications.
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By prison officials if the torture has caused serious health consequences.
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Torture is the deliberate infliction of severe pain or suffering, prohibited in all legal systems and considered a violation of human rights, but it continues to be widespread throughout the world, sometimes disguised by the use of misleading terms such as ‘stress and duress’, or ‘coercive interrogation’.
All suspicion or allegations of torture must be investigated by the state.
Torture is never justified, whatever the circumstances.
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The most widely accepted definition of torture is to be found in the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), adopted in 1984: ‘any act by which severe pain or suffering , whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity . It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.’
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Other ill-treatment
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In addition to the absolute prohibition of torture, there is also a wider prohibition of cruel, inhuman or degrading treatment or punishment. The essential elements which constitute ill-treatment not amounting to torture would be:
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Intentional exposure to significant physical or mental pain or suffering
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By or with the consent or acquiescence of the state authorities.
Determining the boundaries between torture and other ill-treatment is usually determined by the courts. The role of the doctor is to provide objective clinical findings of the case without necessarily forming a judgement on whether the treatment was degrading, inhuman or torture.
Both torture and other ill-treatment will involve significant suffering and will be caused by or with consent or acquiescence of state or other authorities exercising effective power.
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Torture is not just limited to what happens during ‘interrogation’, but may also relate to specific elements of the conditions of detention which are constructed to deliberately aggravate the mental and physical suffering.
Often the generally harsh conditions of detention (including inadequate or insufficient food, hygiene, personal cleanliness, access to toilets, access to medical care) are aimed at exerting further pressure on individuals and contribute to and form part of ill-treatment that may in some cases constitute torture.
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Situations where healthcare personnel (HCP) participate in torture
In spite of ethical and legal checks to prevent HCP from participating in torture, some of them do participate and cover up for torture. Doctors may get involved in three phases of torture - the preparation, the torture itself, and the follow-up.
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In the Preparation phase, prisoners receive medical examination prior to torture and the medical information can be used to design ‘effective’ torture methods. Doctors may be asked to assess how much of torture a person would be able to withstand.
In the Torture phase, the doctor may participate actively in designing, planning and implementing the torture. They could also delay or deny medical care. In some situations, doctors could revive or resuscitate persons, so that they can be tortured again.
In the Follow-up phase, doctors can play a role in providing medical care after the torture and before they are presented in a court and to the public etc.
Doctors can provide false medical or forensic reports as though the evidence of torture is actually an accident or illness that the person suffers from.
Sometimes doctors may not provide the necessary treatment (eg. missing a rupture of eardrum following blunt injury, leading to temporary or permanent loss of hearing). They may also participate in undue delays in transfer to appropriate medical care centres.
Inaccurate reporting can range from omitting crucial injuries, deliberate falsification, attributing the injury to the person or to an accident or past history or placing the blame on someone other than the actual perpetrator (like a junior prison staff or another prisoner).
On occasion, victims of torture have been returned to their interrogators after prolonged medical care in hospital.
While doctors are not always able to protect their patients from such a fate, in some cases they appear to have made no effort to protect them.
Reasons why doctors participate in torture.
There are many reasons why doctors can get drawn into directly torturing, participating in torture or covering up for those who perpetrate torture on people in custody.
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1. Some of them may be employed in detention centres, asylum/refugee centres, prisons etc. and have a loyalty to their ‘boss’. There is an unquestioning following of orders even though it is against basic principles of medical ethics.
2. Some of them may believe that they are doing their work in a larger national interest. The dehumanisation of people in custody can happen because of the general language that is used. Words like terrorist, worm, dog, snake, scum, pest, parasite etc. that is used by people rather than names can reduce the human interaction and leads to ‘othering’ of the person in custody.
3. Sometimes there are tangible and intangible rewards that accrue out of participating in torture. A junior doctor may feel validated if he is asked for his opinion by a senior doctor or official or given the responsibility to elicit information etc. This can make the physician overcome any qualms that he may have about his actual actions.
4. There may be subtle underlying threats or overt pressure to participate in torture. Physicians maybe threatened with violence or loss of job. They may be made to feel that their lives or that of their families would be at risk if they fail to follow orders.
5. There may not be adequate support for the individual healthcare provider from his or her association such as the doctors association, nursing association etc. If there is regular interaction of healthcare providers with their peers, there are spaces to share concerns and also identify collective ways of addressing the concerns.
6. Often medical ethics is neglected in the training of healthcare providers and they may actually be unaware of what constitutes torture and may buy into the arguments of those around them. For instance, if a senior official talks about his own experience where his kindness was met with treachery, then kindness is seen as a weakness. Toughness is attributed value.
Types of torture
Over the years a wide variety of abusive acts has been declared by authoritative bodies as amounting to torture and other ill-treatment.
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Beating as well as other torture methods (see below) cause wounds, which in most cases are not given medical care or it is given too late. Inflammations and even greater pain can be the consequence of further abuse.
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With a leather belt and buckles: The victim lies on the ground or stands facing a wall and is beaten with the leather belt belonging to the guard uniform. Immense pain and injuries in the area of the head are caused especially through the belt buckles.
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With cables: Being beaten with a cable is described as even more painful than with belts with buckles.
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Through other prisoners: Other prisoners follow the orders of the security staff and beat and kick the victim, as they are offered to have their sentences shortened or eased.
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Beating of the backside: This method of torture is also known as “passing on the board”. The victim is beaten with a board, bludgeon, or stick up to a hundred times. Heavy inflammations and at times open wounds are the consequence of this.
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Kicks and beating with the fist: Both methods are used frequently; very sensitive areas such as genitals are not spared. There have been reports of victims being beaten over and over again until they became unconscious.
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With clubs and other heavy, blunt objects: The areas of the body that are beaten are often very sensitive, for example the head, genitals or joints. There are isolated reports, in which the victims were tortured with hammers.
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With thorny or nettle plants: Especially beatings with plants that have thorns or spines cause extremely painful wounds to the skin. According to several reports nettle plants were also used in order to further enlarge the pain.
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With boards that have nails sticking out of them: The victim is beaten with a board, or a similar object, containing nails which stick out. The result of which is a heavy, if not deadly injury.
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Blunt trauma, such as a punch, kick, slap, whipping, a beating with wires or truncheons or forced contact with hard surfaces, such as floors and walls;
Positional torture, using suspension, stretching limbs apart, prolonged constraint of movement and forced positioning;
Twisting and overstretching limbs
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Twisting of the arms: The victim’s arms are forcefully twisted behind his back.
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Overstretching of the legs: The victim stands in a room with his/her legs stretched. The head is bent downwards as far as possible, the fingers pointing towards the ground. This method is often combined with the “airplane-method” (see below: being forced to remain in one painful position). The victim stands facing a wall, his/her legs held close together and stretched, and in addition to this must place his/her hands sideways on the wall, pointing upwards.
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Overstretching of the legs II (“Tiger-seat”): The victim is tied to thighs and knees on a narrow wooden or iron bench. The hands are tied behind the back. At certain intervals, boards or bricks are pushed under the feet. The victim’s legs are overstretched and he or she suffers terrible pain.
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Overstretching of the legs III: The seated victim’s head is pressed down until the forehead touches the thighs.
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“Bed-pressing”: The victim is seated on the floor with the legs stretched out in front of him/her. His/her head and upper body are pressed down onto the legs. In this position the victim is tied up and shoved under a bed. Torturers or other inmates then climb onto the bed and walk or jump around on it.
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Overstretching of the ankles: The seated victim’s toes are pressed to the ground pointing outwards, in most cases through the torturer standing or jumping on the victim’s feet.
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Stretching and overstretching of the upper arms: The hands of the victim are tied up behind his/her back- one hand from over the shoulder, the other over the lower back. The hands are then pulled together and placed in handcuffs. In most cases this form of torture leads to the victim fainting after about 20 minutes. Still victims are tortured for up to four hours with this method. According to reports, some victims were forced to dance in order to enhance the pain.
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Hoisting up the victim by his/her arms, which are twisted behind his/her back: The victim’s arms are twisted behind his/her back and tied together with a thin rope. Then the victim’s arms are pulled upwards, in which case they are overstretched and the shoulder joint is often dislocated. The rope cuts into the flesh of the victim. The pain is so severe that the victim often loses control over his/her bladder.
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According to reports there have been deaths due to this torture method, especially when the victim was abused repeatedly with this method.
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Forced abidance in a painful position
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The victim must – often over a number of days and sometimes whilst tied up – remain in a certain position. This form of torture is often used in combination with the deprivation of food, water or sleep.
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Crouch and stand cells: The cage is shorter than the victim. The dimensions are measured so that the victim can neither stand straight nor lie down. In addition to this the victim is often handcuffed to the bars. The pain which is caused after a short period of remaining in such an unnatural position is so unbearable that thirst, hunger and the lack of sleep are nearly forgotten.
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Standing over a long period of time in the “still-standing” position: The victim has to stand outside underneath the hot sun, feet on the burning hot ground, sometimes without shoes or socks. Apart from the torture of having to stand still in one position for so long, the victims get sunburnt.
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Crouching for a long time: The victim has to crouch down, hold his/her head in their hands while resting the elbows on the thighs. This results in the legs going numb and causes the entire body to ache.
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Crouching for an extremely long period of time: The victim is forced to remain in a crouching position over an extremely long period of time. While the victim is permitted to rest his/her hands on the ground, this quickly causes bruising on the hands. The victims are guarded throughout the entire duration of the punishment, normally by fellow inmates, who on the one hand are promised benefits while on the other hand are threatened to be punished themselves if they leave the victim in peace.
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Crouching for an extremely long period of time is combined with deprivation of sleep: If the victim falls over, he/she is forced to get back up and get back into the crouching position. This happens until the victim breaks down. In some cases the victim is forced back into the position again afterwards.
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“Military crouching”: The victim is forced into a crouching position; feet placed one behind the other. Only the front half of the back foot touches the ground, and therefore carries nearly the whole body weight. Normally this method causes pain after only a few minutes, especially for the back foot and the leg. Sometimes it even leads to the loss of sensation in the leg or a complete loss of control over it.
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Crouching in a square: The victim must crouch on a floor tile of 30×30cm. The head must be raised and the feet must not overstep the boundaries.
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Crouching with one’s legs apart: The victim must crouch with his/her legs far apart, while both arms should be pointing forward, parallel to the ground.
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Crouching on the ground: With the help of tables and boards the victim is forced into a corner of a room and has to crouch there on little space.
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Crouching with one’s heels pulled up: The victim has to crouch over nails, which are placed under the victim's heels. He/she must lift his/her heels in order to avoid stepping onto the nail.
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Standing outside in winter: The victim has to stay outside in the freezing cold overnight or has to stand in snow or on ice. Depending on the length of the torture toes and even the feet can freeze off.
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Standing on a chair (“exhausting an eagle”): The victim is standing on a high chair. In this position the victim in some cases has to raise its arms over his head. As soon as the victim falls from the chair in exhaustion, he/she is beaten and forced back onto the chair.
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Long standing on one leg: The victim is forced to balance on one leg. If he/she fails to manage this or falls down due to exhaustion, the victim is beaten and kicked.
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Standing on bricks: The victim has to stand on a pile of bricks with his/her hands tied up over their head and attached to the ceiling. Once the victim loses balance, the pile of bricks collapses and the victim hangs in the air.
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Being handcuffed to a heating pipe: The victim is handcuffed to a heating pipe over a long period of time.
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Standing/ kneeling/ crouching/ sitting with tied up arms: The victim’s arms are handcuffed together either behind their back or between the legs. Often shackles are used as well. The victim can neither sleep nor walk, stand, use the toilet or eat. Often the victim can only move in a half bent, half crouching position for weeks.
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“Carrying a sword on one’s back”: This position quickly causes the emergence of pain and paralysis.
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Kneeling on bricks, ashtrays or other objects with sharp edge: The victim must kneel on bricks, ashtrays, wooden planks or other sharp objects.
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Hanging from a pole: The victim hangs headfirst from a pole. The lower legs rest on the pole while the hands hold on to the knees. The body weight mainly weighs down on the knees. This torture method is reported to be very painful.
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“Airplane”: The victim stands with his/her head pointing to the floor with his/her hands pointing to the ceiling at his/her side (like the wings of an airplane), while touching the wall.
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Standing at a 90° angle: The victim must bend his/her upper body forwards so that it forms a 90° angle whilst the hands are placed behind the head.
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Sitting on the iron chair: The victim is tied up to a metal chair, sometimes for as long a week. Due to this the victim is forced to follow nature’s call on this chair and remain sitting in it. Apart from the humiliation this causes, it can also lead to the person getting sore from sitting for such a long period of time.
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Sitting on a board with a square-edge: The victim sits on an iron plank with sharp bumps and indentations. After a while this causes bloody wounds. Infections are common.
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Sitting on square-edged objects: The victim must remain seated on square-edged objects for a long period of time without being allowed to move.
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Sitting on a broomstick: The victim is forced to sit on the handle of a broom over a long period of time. If he/she is unable to do so, he/she is beaten as a punishment.
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“Hell’s shackles”: Tong-shaped braces cut into the victim's ankles and wrists. A victim with “hell’s shackles” can neither stand nor crouch, move or sleep.
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Being chained to a “death bed”: This form of punishment goes hand in hand with isolation. For weeks on end the victim is tied to a wooden board, spread-eagled and not able to move. The victim is always in chains and has to be fed by fellow inmates. The victims have to sleep on the board as well as follow nature’s call on it. Some victim’s are undressed before the start of their punishment. They suffer from bedsores.
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Hanging
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Being hung by handcuffs is already very painful in its most simple form. These can be made even more torturous.
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Hanging by the hands (“Hanging-up a cage”): The hands of the victim are tied together. Then the police pulls the hands of the victim over his/her head and hangs them so that their feet no longer touch the ground. A variation of this method is hanging the victim from a tree or pole with handcuffs.
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Hanging by the feet (“Big-hanging”): The victim is hanged upside-down by his/her feet.
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“Corsage” (Straightjacket): The “Corsage” consists of a piece of canvas with sleeves. The sleeves are longer than the arms and have strings attached to them. With these strings the victim’s arms are crossed and tied up behind the back, then forcefully pulled back over the head. This violent upward-pulling motion causes the shoulders to dislocate and the arms and elbows to break. In some cases the victim, who is experiencing great pain, is then hanged upside-down from a tree.
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Electroshocks
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Victims are abused with up to a dozen electroshocks at the same time, at times over several hours.
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The victims are shocked everywhere: the face- even the eyes- genitals, nipples, and other sensitive body parts. Electro sticks are also inserted into the mouth and vagina.
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The electroshocks leave behind scars. These scars often become infected and make further electroshock treatment even more painful.
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Forced feeding
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Again and again prisoners go on hunger strike as a means of protest against the conditions of their detention or against the lack of legal foundation of their detention. Those prisoners are usually punished with forced feeding. The main aim of the forced feeding ordered by the police is not however to feed the victim. The objective is to break the will and the resistance of the victim.
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Inserting a tube through the nose: A tube is inserted through the victim’s nose into the stomach, without a lubricant. The tube may not be inserted by medical staff, but by members of the guards. Injuries are common.
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Repeatedly inserting and protracting tubes: The tube is repeatedly inserted and protracted. Several victims have died due to this, probably because of aspirated blood.(what does this mean?)
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Infusing sharp, repulsing or hot substances: The victim is forced to swallow substances such as: saturated salt solutions, vinegar, alcohol, red pepper, urine or excrements. This method leads to strong nausea. The victims are also forced to drink extremely hot or boiling water (see below).
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Leaving tubes in the stomach: Some victim’s tubes are left in the stomach over several hours. Since they are tied up, they cannot remove them on their own.
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Forced opening of the mouth: In some cases the victim is “fed” through the mouth. In order to get the victim to open his/her mouth, the police use brutal force. Often other inmates are forced to open the victim’s mouth with the help of metal spoons or other hard objects. Mouth and teeth of the victim are injured during this process.
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Burning and scalding
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Cigarettes: Fingers, toes, faces, genitals, nipples, and other body parts are burned with cigarettes. According to reports, in some cases the victims are even forced to swallow burning cigarettes.
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Burning-hot iron bars: Some victims are tortured with burning-hot iron bars. Due to the bad hygienic standards in Indian prisons, this leads to the wounds becoming infected.
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Pouring hot water over the head: Extremely hot water is poured over the victim’s head in order to scald him/her.
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Infusion of boiling water: Very hot or even boiling water is forced into the victim via tubes through the nose or mouth. Inner scalding is the result.
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Hunger, thirst, sleep deprivation
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Hunger: Some victims receive an insufficient amount of food over long periods of time. At times prisoners are given no food at all for days.
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Thirst: The victims receive an insufficient amount of water for several days. As a means of punishment or due to neglect some prisoners are given no water at all.
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Sleep deprivation: The victims are kept from sleeping for days on end. This is achieved through binding them up in painful positions, but also through constant light, noise and especially beating, kicking and other punishments in case the victim lies down.
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Deprivation of sleep is defined as torture by human rights standards and by the UN. As harmless as it may sound, constant sleep deprivation is an extremely cruel form of torture as it can lead to other severe physical and psychological damages.
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Sexual violence
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Rape/Mass-rape: Women imprisoned for political reasons are locked up in cells with male criminals. At times the women are undressed prior to this. The guards order the criminals to rape the women or at least make it clear that there will be no consequences for them if they do take advantage of the victims. Prisoners have also been raped by guards. Male political prisoners, too, have become rape victims, due to sexual violence by criminals or guards.
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Inserting objects: Different objects are inserted into the vagina or anus of the victim, including bottles, clubs and brushes.
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Isolation
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Isolation-darkness cells: Small cells sometimes only provide a space of less than 3m². Isolation cells normally neither have windows, nor a bed, water or a toilet. For months the victim is locked away in such a small cell and has to eat, sleep and follow nature’s call in it. Because the cell is less than 1.5 metres high, one cannot stand up straight in it. Sometimes the victim’s hands are handcuffed to the cell door in order to enhance the punishment so that the victim cannot sleep for days. It can also happen that water is poured over the floor to make it difficult for the victim to sleep.
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“Water dungeon”: The victim is locked up in an iron cage, naked, and lowered into water until this reaches his/her neck. The victim very quickly becomes cold, and is unable to sit or sleep. If they become unconscious, they drown. According to reports some of these cages have nails on the inside, so that the victim cannot lean against the wall.
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Prohibition of eye contact and speaking: The victim is not allowed to speak or have eye contact with his/her fellow inmates. If they do so, they are punished.
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Stab and cut wounds
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Stabbing objects under the fingernails: The stabbing of sharp objects – such as bamboo sticks, needles or nails – under the fingernails is a common form of torture.
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Stabbing through the fingertips: Sharp bamboo sticks are driven through the fingertips underneath the fingernails of a victim e.g. with a hammer. In most cases this makes the fingernail come off completely. While they start off with one finger, sometimes all fingers are “treated”.
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Stabbing through body parts: Lips, nipples, genitals and for example the skin on one’s back are pierced with sharp objects such as needles or nails.
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Cuts: The victim’s skin is cut with knives, razor blades, or shards of glass.
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Injuring the nose and ears: The victim is stabbed in the nose and ears with little sticks. Especially the puncturing of the eardrum is described as being extremely painful.
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Traumatic or surgical amputation of body parts, such as ears, digits or limbs.
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Surgical removal of organs.
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Suffocation
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“The plastic bag”: A plastic bag is pulled over the victim’s head. The victim begins to panic.
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Pushing the head into a bucket of water or urine: The victim’s head is pressed into a bucket filled with water or urine, until the victim becomes unconscious or nearly unconscious. The pressing down of the head in itself is already painful.
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Infusing water: A large amount of water is infused into the victim’s mouth, whilst his/her mouth is held shut. Choking, feeling as if suffocating and panicking are the result.
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Strangling: The victim is strangled around the neck with a rope, belt, and scarf or similar, sometimes until the victim becomes unconscious. In some cases the victim’s faces can be covered with wet towels.
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“Stuffing the mouth”: The victim’s mouth is stuffed with dirty old rags, so that he/she cannot speak any longer. Sealing the mouth shut follows the same aim.
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Asphyxiation, such as wet and dry methods, near drowning, smothering, confinement in small or coffin like boxes, choking or use of chemicals; use of chemicals, water boarding (immobilization, inhalation of water, forced suffocation leads the person to experience a situation similar to drowning) and hangings
Abuse through animals
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Dogs: The police threaten the victim to be attacked by a dog, or prompt a dog to bite the victim.
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Insects: The victim is tied up outdoors, naked or semi-naked. In some regions it can lead to numerous mosquito bites.
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Snakes: There are several reports that victims were frightened with snakes.
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Injuring bones and joints
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Breaking of fingers and bones: Especially the breaking of fingers is common practice. The victims are threatened that all of their fingers will be broken, if they do not give in to the will of the torturer (e.g. signing of a declaration).
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Dislocating joints: The dislocation of finger, but also of arm joints normally goes hand in hand with the breaking of the fingers. The same goes for sticking needles etc underneath the fingernails.
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Crushes: The victim’s hand is crushed between two tables or in a door. Common practice is also the pinching of skin.Using a heavy roller to injure the thighs or back.
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Exposure to extreme temperatures
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Frostbite: Some victims are forced to stand barefoot outdoors in the snow or ice during winter. Pain and later frostbite are the results.
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Pouring freezing cold water over the head: A bucket full of freezing cold water is poured over the victim’s head. Especially during winter time the wet (and in some cases naked) victims suffer from hypothermia.
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Burns with cigarettes, heated instruments, scalding liquids or caustic substances.
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Chemical or pharmacological methods
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Red pepper: Red pepper/chilli powder is blown into the victim’s eyes or nose.
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Chemical exposure to salt, chili pepper, gasoline, etc. (in wounds or body cavities) or blowing pepper/chilli onto the person's eyes, nose etc.
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Pharmacological torture using toxic doses of sedatives, neuroleptics or paralytics, hallucinogens or other substances.
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Excessive stimulation and exertion
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Extremely loud noises over headphones: The victims are forced to listen to extremely loud music or propaganda over headphones for a long period of time.
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Walking for a long period of time: The victim has to walk without a break for longer than ten hours at a time. If the victim is exhausted, other prisoner are ordered to drive him/her on. Once the victim cannot be forced to go any further, even through kicking and beating, the fellow inmates are ordered to drag the victim along.
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Running in chains: Several victims are handcuffed and chained together, and have to run without a break for a long period of time. Because the victims cannot coordinate their movements due to the running and exhaustion they hurt each other through their handcuffs and chains.
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Sensory overload, such as loud music, bright lights and prolonged interrogations.
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Negligence or denial of basic facilities
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Nature’s call: For a number of days the victim is not allowed to go to the toilet. The victims are forced to use the floor of their cells instead, or if they are tied up to lie or sit in their urine and excrements.
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Denying sufficient medical care: Persons, who were ill at the time of their imprisonment or who became ill whilst in prison, are punished by not being given the necessary medical treatment or simply by not being given painkillers. Torture and abuse often leads to external and internal injuries. Denying the victims of these injuries sufficient medical care prolongs and enhances their suffering.
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Conditions of detention, such as a small or overcrowded cells, unhygienic conditions, no access to toilet facilities, irregular or contaminated food and water, exposure to extremes of temperature, denial of privacy and forced nakedness.
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Deprivation of normal sensory stimulation, such as sound, light, sense of time, and physical and social contacts.
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Denial of medical and mental health care and treatment.
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Incommunicado detention and denial of social contacts in detention and/or with the outside world;
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Prolonged use of restraint devices, such as handcuffs, chains, irons and straitjackets.
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Solitary confinement and other forms of isolation.
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Exhaustion from prolonged, forced exercise often in combination with sleep deprivation;
Psychological techniques to break down the individual, including forced betrayals, amplifying feelings of helplessness, exposure to ambiguous situations or contradictory messages and violation of taboos;
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Behavioural coercion, such as forced engagement in practices against the religion or culture of the victim (e.g. forcing Muslims to eat pork), forced harm to others through torture or other abuses, forced destruction of property, and forced betrayal of someone placing them at risk of harm;
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Manipulation of affect and emotions.
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Forcing victims to witness torture or atrocities being inflicted on others, including members of their families.
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Humiliation, guilt and shame, often resulting from verbal abuse and the performance of humiliating acts on the basis of one’s identity, gender and/or (actual or presumed) sexual orientation.
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Threats of death, harm to family, further torture, imprisonment, mock amputations and mock executions; or attacks by animals, such as dogs, cats, rats or scorpions.
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Sexual assaults can be categorised as:
_ Assaults/molestation of the genitals
_ Electric shocks to the genitals and anus
_ Forced sexual acts on themselves or on/with others
_ Object inserted into the vagina (in women)
_ Object inserted in the urethral meatus (in men)
_ Object inserted through the anus
_ Penis forced into the mouth
_ Penis forced through the anus
_ Penis forced into the vagina (in women).
The examples of torture mentioned on this blogsite do not by any means constitute a definitive list.
There are many other forms of abuse that have been witnessed in the past, and there will probably be new forms in the future.
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It is crucial to document specific methods of interrogation that may variously be used on individuals. It is important to understand that the methods used may be physical or psychological or frequently a combination of the two.
Whereas some methods on their own may amount to torture, in other cases significance is attached to the use of a combination of methods, which may collectively amount to torture.
Also, the length of time over which the individual is subjected to the methods may be decisive. Again, for this reason, it is important to document as accurately and completely as possible all the events to which an individual was exposed and their consequences.
‘Purely psychological’ forms of torture are not uncommon and need to be explored in as much detail as physical torture because the consequences can be equally severe.
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In describing or determining the existence of torture or other ill-treatment it is important to stress that these terms apply not only to the treatment inflicted during an actual interrogation session, but may also cover the general conditions of detention in which people are held.
If the conditions of detention are deliberately harsh with a view to causing more suffering to the individuals, then this may in and of itself amount to torture or other ill-treatment.
Thus, it is important to document not only specific physical and psychological methods of interrogation, but also living conditions, including hygiene, food, and access to health care.
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It should also be kept in mind that different people respond differently to torture, and some can be more traumatized because of their gender, caste, sexual orientation, physical ability, underlying health issues, culture etc.
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Truth machines as forms of torture
The use of ‘truth machines’ are also being described as torture methods.
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Lie detectors, or polygraphs, record physiological changes in the body when a person answers questions.
Brain fingerprinting (BFP) and brain electrical oscillation signature (BEOS) uses electroencephalogram (EEG) to assess if a person has participated in a crime or has experiential knowledge of it.
Narcoanalysis, or truth serum, refers to injecting a person with Sodium Pentothal to extract information.
In 2010, the Supreme court disallowed the involuntary use of truth machines as well as evidence obtained from them. However, the police continue to request and use these techniques without effectively using forensic techniques such as DNA.
Internationally, these methods have been deemed unreliable and classified as psychological or pharmacologic torture.
The person who is thus being interrogated can be led along a path that can evoke physiological responses ‘as though’ they have participated or planned criminal activity, and therefore cannot be considered reliable ‘evidence’.
These tests are conducted by doctors and have the potential to cause side effects, which could be life threatening or leading to medical complications. This violates the doctor's code of medical ethics. Some of the adverse effects of narcolepsy include depression of the central nervous system, lowered heart rate and blood pressure, coma or death. (add clinical features)
Narcolepsy also classifies as a violation of the self-incrimination clause of the Indian Constitution (Article 20 (3)) and the corresponding 161 (2) of the Criminal Procedure Code:24 which are fundamental principles of criminal law wherein an accused person has the right to remain silent during investigation.
Even if consent is obtained for these procedures, they may be under duress, false assurances or threats and therefore mostly invalid.
Doctors and society in general can get enamored by these ‘high tech’ interrogation methods, often projected as ‘in the national interest’, but medical ethics and human rights cannot be suspended in any instance.
Ethical duties of a healthcare professional towards victims/survivors of torture
Chapter II of the Istanbul Protocol on Relevant ethical codes, Section B highlights the ethical responsibility of doctors and draws from United Nation documents and international bodies representing health professionals such as the World Medical Association (WMA), the World Psychiatric Association (WPA) and the International Council of Nurses (ICN).
The central tenet of all health professional ethics is the fundamental duty to respect human dignity and act in the best interest of the patient, regardless of other constraints, pressures or contractual obligations. Core ethical obligations of health professionals are beneficence, non-maleficence, confidentiality and respect for patient autonomy apply equally in all times.
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Doctors’ involvement in torture, of whatever form and degree, is always contrary to medical ethics.
This is stated clearly in the UN Principles of Medical Ethics
Ethical duties of a healthcare professional towards victims/survivors of torture
Health professionals, like all other persons working in prison systems, must observe the Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), which require that medical, including psychiatric, services must be available to all prisoners without discrimination and that all sick prisoners or those requesting treatment be seen daily.
The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) complement the Nelson Mandela Rules and articulate specific ethical duties to protect women deprived of their liberty. These requirements reinforce the ethical obligations of physicians and other health-care professionals, discussed below, to treat and act in the best interests of their patients.
Rule 32 (1) of the Nelson Mandela Rules states that “the relationship between the physician or other health-care professionals and the prisoners shall be governed by the same ethical and professional standards as those applicable to patients in the community”. This includes the “duty of protecting prisoner’s physical and mental health”; “adherence to prisoners’ autonomy with regard to their own health and informed consent in the doctor-patient relationship”; “confidentiality of medical information, unless maintaining such confidentiality would result in a real and imminent threat to the patient or to others”; and the “absolute prohibition on engaging, actively or passively, in acts that may constitute torture or other cruel, inhuman or degrading treatment or punishment”.
Health professionals are also prohibited from having any role in the imposition of disciplinary sanctions or other restrictive measures. This includes solitary confinement (22 hours or more a day without meaningful human contact), prolonged solitary confinement (15 consecutive days), placement of a prisoner in a dark or constantly lit cell, corporal punishment or the reduction of a prisoner’s diet or drinking water and collective punishment.
Furthermore, rule 34 of the Nelson Mandela Rules requires health-care professionals who “become aware of any signs of torture or other cruel, inhuman or degrading treatment or punishment” to“document and report such cases to the competent medical, administrative or judicial authority”.
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Regarding women who are deprived of their liberty, rule 10 of the Bangkok Rules states that “all women are entitled to treatment and care equivalent to that of community standards for their gender specific health-care needs” and the right to medical confidentiality. In addition, rule 6 (5) of the Bangkok Rules establishes the duty of health personnel to document “any signs of ill‑treatment or torture” in health screening examinations.
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Health professionals also have a duty to support colleagues who denounce human rights violations related to torture. Failure to do so risks not only an infringement of patient rights and a contravention of the declarations listed above, but also brings the health professions into disrepute. This is elaborated by other WMA policies supplementing the Declaration of Tokyo. For example, the WMA Recommendation on the Development of a Monitoring and Reporting Mechanism to Permit Audit of Adherence of States to the Declaration of Tokyo recommends support for doctors and national medical associations in their efforts to report violations of patients’ health rights and physicians’ professional ethics in custodial settings.
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WMA has also established the ethical obligation of doctors not to engage in other abusive practices that constitute cruel and degrading treatment and possibly torture, including prolonged solitary confinement, forced body searches, force-feeding competent individuals, such as hunger strikers, forced anal examination to substantiate same-sex activity and female genital mutilation surgery.
According to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Section 6.6, the physician shall not aid or abet torture nor shall he be a party to either infliction of mental or physical trauma or concealment of torture inflicted by some other person or agency in clear violation of human rights.
As per section 7.7, Registered medical practitioners are in certain cases bound by law to give, or may from time to time be called upon or requested to give certificates, notification, reports and other documents of similar character signed by them in their professional capacity for subsequent use in the courts or for administrative purposes, etc.
Any registered practitioner who is shown to have signed or given under his name and authority any such certificate, notification, report or document of a similar character which is untrue, misleading or improper, is liable to have his name deleted from the Register.
The principles of medical ethics make it clear that the primary loyalty of the health professional is to the patient ‘the doctor's fundamental role is to alleviate the distress of his or her fellow men, and no motive whether personal, collective or political shall prevail against this higher purpose.’
According to the World Medical Association’s Declaration on the Rights of the Patient, ‘whenever legislation, government action or any other administration or institution denies patients these rights, physicians should pursue appropriate means to assure or to restore them’.
Ethical duties of a healthcare professional towards victims/survivors of torture
Many health professionals have dual obligations (also referred to as ‘dual loyalties’), in that they owe a primary duty to the patient to promote his or her best interests and often a separate duty to employers.
Health professionals must be able to make clinical decisions independently from employers, governments, and other bodies in order to act in the best medical interests of their patients. They cannot be obliged by contractual or other considerations to compromise their professional independence.
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For instance, if a person who has been in custody presents with an infected leg, signs of acute kidney failure and confusion, but also gives a history of torture in custody, the HCP cannot ignore that the torture could have caused the clinical symptoms and signs. If the HCP does not make this connection, then the torture can be easily denied. e.g. he slipped and fell in the bathroom, he had kidney disease even before he came into custody and he was confused because he heard that his grandmother passed away.
Forensic doctors may have a different relationship with individuals they examine. In their usual function, the main duty of the forensic doctor is to the courts, to which they provide independent medical expert opinion, even though they may be paid by one or other party.
Before beginning any examination, forensic doctors must explain their role to the individual and make clear that medical confidentiality is not a usual part of their role, as it would be in a therapeutic context, as their primary duty is to objectively document evidence that can be presented to a court. However, forensic doctors should not examine individuals without making clear the nature of their role and gaining specific consent. If consent is refused, this must be noted and respected.
Depending on the jurisdiction, following such refusal by the subject, a court order may be required before any examination or taking of samples can proceed. The forensic doctor should seek to include in their findings and report, only that medical information that is relevant to the case, and should leave out that medical information which can remain confidential to the patient. They must not falsify their reports but provide impartial evidence, including making clear in their reports any evidence of ill-treatment.
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Principles of Medical Ethics relevant to the role of health personnel, particularly physicians, in the protection of prisoners and detainees against torture and other cruel, inhuman or degrading treatment or punishment
Resolution 37/194 (Principles of Medical Ethics) adopted by the United Nations General Assembly on 18 December 1982
Principle 1 Health personnel, particularly physicians, charged with the medical care of prisoners and detainees have a duty to provide them with protection of their physical and mental health and treatment of disease of the same quality and standard as is afforded to those who are not imprisoned or detained.
Principle 2 It is a gross contravention of medical ethics, as well as an offence under applicable international instruments, for health personnel, particularly physicians, to engage, actively or passively, in acts which constitute participation in, complicity in, incitement to or attempts to commit torture or other cruel, inhuman or degrading treatment or punishment.
Principle 3 It is a contravention of medical ethics for health personnel, particularly physicians, to be involved in any professional relationship with prisoners or detainees the purpose of which is not solely to evaluate, protect or improve their physical and mental health.
Principle 4 It is a contravention of medical ethics for health personnel, particularly physicians:
a) To apply their knowledge and skills in order to assist in the interrogation of prisoners and detainees in a manner that may adversely affect the physical or mental health or condition of such prisoners or detainees and which is not in accordance with the relevant international instruments;
b) To certify, or to participate in the certification of, the fitness of prisoners or detainees for any form of treatment or punishment that may adversely affect their physical or mental health and which is not in accordance with the relevant international instruments, or to participate in any way in the infliction of any such treatment or punishment which is not in accordance with the relevant international instruments.
Principle 5 It is a contravention of medical ethics for health personnel, particularly physicians, to participate in any procedure for restraining a prisoner or detainee unless such a procedure is determined in accordance with purely medical criteria as being necessary for the protection of the physical or mental health or the safety of the prisoner or detainee himself, of his fellow prisoners or detainees, or of his guardians, and presents no hazard to his physical or mental health.
Principle 6 There may be no derogation from the foregoing principles on any ground whatsoever, including public emergency.
Medical documentation of torture
Medical documentation of torture must include as much as possible, the following details along with the clinical examination.
These help to correlate the clinical findings with the kind of torture that the person was subjected to. This documentation in turn can help the victim/survivor to access justice and also contributes to holding the police accountable.
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Identity of the victim – Full name, gender, age occupation, address, date of birth, description of appearance, photograph, relevant medical files. Was there any process of identification (record of personal information, fingerprint, photograph)?
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Identity of the perpetrator – Name (including or even nickname) and rank if possible, connection with the state, Description of uniform/clothing, vehicle, weapon or any other identifying characteristic (scars, birthmark, tattoos, height, weight (relative to the victim), language, accent. Did the person know the perpetrator prior to the events? Was the perpetrator intoxicated? What did the perpetrators speak among themselves?
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Description of initial contact with perpetrator – Was it official arrest, time of day or night, reason for taking into custody, date, was there use of violence, threats, abuse, restraints?
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Description of location of torture – Prison, police station, lodge, detention centre, military facility, outdoor. Describe the room, what was there in the room, how was the hygiene and lighting, was it an isolated area, who were the visitors to the area, were lawyers permitted, was there access to medical care? Were there insects, rodents? Was there a bed? Was there overcrowding or solitary confinement?
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Description of form of torture – Where did it occur? When? How often? By whom? How long did it last? What was the physical and psychological effect immediately and later? Was there anyone else present in the room? Describe. Were instruments used? Was there abusive language? (specify if it was based on a person's gender, caste, religion, sexuality, physical ability, color, occupation etc.) Document the words used. What was the immediate and long term effect of the abuse? Did they receive medical attention? Was it before, during or after the abuse? Did they ask for medical attention? Did they receive it? Were instruments used for abuse? What were the immediate and long-term effects of the abuse? If the victim received medical attention, or requested it and the request was denied, directly before, during, or after the abuse, this should all be detailed. Include date (s) of torture, how many times, for how many days, period of each episode. Describe what they saw, heard and smelt. Were they blindfolded?
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Use of instruments or equipment - Rods, pipes, hooks, ropes, barbed wires, water, lighters, matchboxes, electric wires, cords
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Was there sexual assault? - Most people will assume that sexual assault is rape or sodomy, but details should be obtained about verbal assault, disrobing, groping, lewd or humiliating acts, injuries or electric shock to the genitals. This has to be sensitive to the person’s gender, sexual orientation, culture, personality etc.
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Other witnesses – Were there others present? Who where they? Did they see the person immediately after the attack or during? Was there contact with family, lawyer or health professionals?
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Supporting evidence? – Medical record, photos, witness statements, media reports, official complaints. Were they asked to sign any document?
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Is there a pattern of abuse? – Are there others who have faced similar abuse and who can come in to give evidence? Any media reports? Any deaths following similar patterns of abuse?
Medical photography
When clinically managing a person with history of torture, it is good practice to document the injuries at the earliest, before changes take place.
Any gadget can be used for immediate documentation and a better camera can be used later, if available. If not available, diagrams and illustrations can help.
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Consent should be taken prior to photographs. These photographs can be shared with experts for their opinions.
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The first photograph should show the individual clearly with, if possible, the lesions visible to allow identification in court if necessary.
The front page of a recent newspaper (or other object of verifiable age) can demonstrate that the photograph was not taken prior to that date.
If there are date and time settings on the camera, these should be used correctly. There should always be an indicator of scale for close-up images.
A tape measure is best but, if necessary, any well-known object of standard size can be used, such as a 35mm film canister or a coin. In photographs taken using the camera’s built-in flash, wounds tend to be obscured.
It is better to work in daylight or to use background lighting.
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Digital cameras allow many photographs to be taken using different angles and lighting conditions and the best produced as evidence, although every image taken should be stored securely (for example, on a secure computer, with password protection).
Films can also be useful as courts have not generally agreed how digital images should be treated as evidence.
Digital images and scanned prints can be useful as they can be e-mailed to experts for an opinion. If necessary they can be cropped and enlarged, but the original version must always be retained. Further interference must be avoided as allegations of manipulation are difficult to refute.
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Once the photographs have been taken, the chain of custody of the images must be ensured.
A ‘chain of custody’ is a detailed record showing the exact date, time and location in which a piece of evidence entered the possession of different individuals. A chain of custody aims to prevent outside interference with evidence
Sometimes the victim/survivor may not be able to give an accurate history. Some reasons for incomplete or incoherent answers are
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If they had been subjected to blindfolding, drugging, head injury, asphyxiation, loss of blood, loss of consciousness.
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If they have been threatened with or have reasons to fear repeat of the torture or adverse consequences on oneself and one’s family/friends.
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Loss of trust in authority
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Post traumatic psychological problems
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Cognitive impairment from head injury, choking, near drowning, starvation, seizures, suffocation etc.
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For cultural reasons
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Extreme pain, fatigue or exhaustion
The different types of evidence that can be used to substantiate clinical evidence
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History and individual’s statement
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Witness statement
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Other 3rd party evidence such as a forensic scientist
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Objective evidence of widespread torture
Possible format for reporting cases of torture
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It is preferable to issue the medicolegal report on official letterhead of your institution.
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The heading of the report as: Medicolegal Report and Opinion on the Clinical Examination of (name of the victim).
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The Information and Qualifications of the Expert.
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Declaration of the Expert stating: “I have examined the patient (name) on (date) and (place) and/or I have reviewed the case synopsis and digital images of the patient.”
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Statement of the Expert: “I understand that my overriding duty is to the court, both in preparing reports and in giving oral evidence. I have complied and will continue to comply with that duty. I have done my best in preparing this report to be accurate and complete. I have mentioned all matters that I regard as relevant to the opinions I have expressed.”
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Qualifications and a short biography of the expert.
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The list of items reviewed.
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Background information with subheadings: Nature of Referral, Specific History, and Examination Findings.
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Special Investigations and Findings.
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Medicolegal Issues (One can choose a questions and answers format).
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Observations and Findings of Specific Injuries. If they are fresh, state it and categorize them into abrasions, contusions, lacerations, fractures, and other. If they are old, it is necessary to state the stage of healing. The scars will be described later. The injuries should be described with different descriptors including general location, size, shape, position according to major body landmarks, borders of the injury, and the color. Specific descriptions and examination findings may be described for the response to gentle touch and palpation, such as tenderness versus nontender.
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Opinion can be given under the following subheadings:
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The Nature of the Injury
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How Did the Injury Occur?
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Were the Injuries Life-Threatening?
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Are the Weapon or the History Given in Keeping with the Injury Findings?
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Are There any Limits to the Expert Opinion in This Case?
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The Conclusion should include the final opinion in point form.
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The signature, date, and name of the expert, including designation and the office address.
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Sites of torture by police
Torture can occur in different places
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Police station
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Homes of the victim
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In police and non police vehicles
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In lodges
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In isolated open or closed areas - schools, buildings, basements, godowns, factories, quarries
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In prisons
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Detention centres
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Checkpoints
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Hospitals
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Psychiatric facilities
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Shelter homes/remand homes/orphanages
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Often people are most at risk of torture and other ill-treatment in the first phase of arrest and detention before they have access to lawyers, courts or doctors.
People who are held without allowing them to access their family, acquantances or lawyers (incommunicado) are extremely vulnerable to torture. There are no checks in the methods of interrogation or the legality of their detention. Some of them may be labelled as ‘disappearances’ with the victim not being found or found dead.
Interpretation of the clinical findings
Clinical or medical evidence is important as it can support the witness statement. It may not be conclusive of torture because in many instances there may be no obvious physical evidence. What it can do is demonstrate that some of the findings are consistent with or could have been caused by the torture described. Documenting the psychological effects are also important.
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It is important for the health professional to be aware of the difference between therapeutic and forensic medicine. The forensic aspect is to assist the court in medico-legal matters by establishing cause and origins of injury or disease.
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The Istanbul Principles indicate that clinicians should provide an interpretation as to the possible relationship and level of consistency of the physical and psychological findings to possible torture or ill-treatment.
In formulating a clinical opinion on the possibility of torture or ill-treatment, all evidence that includes physical and psychological findings, historical information, photographic findings, diagnostic test results, awareness of torture practices in the area, consultation reports etc.
Current symptoms and disabilities and their effect on social functioning should be included along with recommendations for further evaluation, care, support, rehabilitation etc.
The terminology used by the HCP can give an idea of how likely torture is to have caused the symptom or sign.
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Not consistent – the lesion/appearance could not have been caused by the torture method described
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Consistent with – It is possible that the lesion/appearance could have been caused by the torture method described, but it is non-specific and could have several other possible causes
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Highly consistent – The lesion/appearance could have been caused by the torture method described, and there are few other possible causes.
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Typical of – this lesion/appearance commonly occurs with this kind of torture, but there are other possible causes.
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Diagnostic of – this lesion/appearance could not have been caused in any way other than the torture method described.
Clinical features associated with forms of torture
Different types of torture can lead to different clinical features which can vary with duration, frequency, intensity, underlying medical conditions etc. With each sign or symptom, the HCP should be able to assess the likelihood of having been caused because of torture. The disability and loss of function caused by the injury should be objectively assessed and the level of recovery should also be assessed. The terminology that should be used for documentation ranging from ‘not consistent with torture’ to ‘diagnostic of’
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Skin injuries
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The skin should be examined for generalized disease, including nutritional deficiencies. Skin changes due to torture can include abrasions, bruises, pigmentation changes, lacerations, puncture wounds, burns from cigarettes, chemicals, scalding liquids or heated instruments, electrical injuries, incised wounds, alopecia and nail removal.
Torture lesions should be described by their localization, symmetry, shape, size, colour and surface (e.g. scaly, crusty or ulcerating), as well as their demarcation and level in relation to the surrounding skin. Clinicians should note if normal hair growth is absent or there are any areas of numbness. Lesions may be described as fresh/acute or healed. Photography is recommended whenever possible. For injury interpretation it is useful to consider if the lesion is a pigmented or depigmented lesion, a scar or contains areas of scarring.
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The examination should include the entire body surface in order to detect signs of generalized skin disease, including signs of vitamin A, B and C deficiencies, pre-torture lesions or lesions inflicted by torture, such as abrasions, bruises, pigmentation changes, lacerations, puncture wounds, burns from cigarettes, chemicals, scalding liquids or heated instruments, electrical injuries, incised wounds, alopecia and nail removal.
Torture lesions should be described by their localization, symmetry, shape, size, colour and surface (e.g. scaly, crusty or ulcerating), as well as their demarcation and level in relation to the surrounding skin. Clinicians should note if normal hair growth is absent or there are any areas of numbness. Lesions may be described as fresh/acute or healed. Photography is recommended whenever possible. For injury interpretation it is useful to consider if the lesion is a pigmented or depigmented lesion, a scar or contains areas of scarring.
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Speculative judgements should be avoided in the evaluation of the nature and age of traumatic lesions since a lesion may vary according to the age, sex, condition, and health of the individual, the tissue characteristics, and the severity of the trauma. Fresh and old injuries can be seen together on people who have a long history of torture.
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Infection, irradiation, corticosteroids, scurvy (vitamin C deficiency), diabetes, hepatic cirrhosis, uraemia, blood loss, cold, and shock all inhibit wound healing. Wounds heal faster in young people. Bruises resolve over a variable period, ranging from days to weeks. Estimating the age of bruises is one of the most contentious areas of forensic medicine.
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When the skin is injured it can respond in different ways
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• Contusions (commonly known as bruises)
• Abrasions (or grazes)
• Incisions (including stab wounds)
• Lacerations (also, commonly but confusingly, known as cuts)
• Burns and scalds.
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The skin can present signs of torture in several ways. These should be documented in detail and accurately. Acute lesions may present with pain, secondary infection or poor healing (this could be due to the location or due to nutritional/metabolic diseases).
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The examination of the skin should include the entire body surface to detect signs of skin diseases, non-torture-related lesions and/or torture-related lesions.
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With skin lesions, document the following
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Location, preferably using the body diagram and indicating if they are symmetrical or asymmetrical
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Shape - whether round, oval, linear, irregular etc.
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Size -using a ruler or measuring tape
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Color - if it is uneven, this should be described
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Surface - whether inflamed, scaly, crusty, ulcerated, necrotic
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Smell - Some lesions, if infected, can have a smell.
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Edges - Whether regular or irregular, elevated, pigmented, inflamed
Bruises
A bruise occurs following a blow (blunt trauma) that does not break the skin, and causes rupture of blood vessels and hemorrhage into soft tissues, making the area tender and boggy. The extent and severity of the bruise depends on the amount of force applied as well as the structure and vascularity of the bruised tissue.
If the skin and subcutaneous tissues are thin, the bruise becomes apparent relatively quickly and may take the shape of the inflicting instrument used, although this might not be obvious in darker skins. For example, a blow from a baton or heavy stick often leaves two parallel lines of bruising (tramline bruising) caused by the blood being pushed sideways by the contact. The shape of the object may be inferred from the shape of the bruise. The colour of a bruise does not assist in assessing age of injury.
The perception of bruise colour varies according to skin tone and cannot be determined accurately from images. In some skin types, bruising can lead to hyperpigmentation, which can last several years. Bruises that develop in deeper subcutaneous tissues may not appear until several days after injury, when the extravasated blood has reached the surface. Ideally bruises should be photographed as soon as possible, before they spread or fade. Some bruises may become better defined after some time in which case person may need to be examined again.
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When the bruise is deep the blood tracks slowly to the surface, and it may be several hours or even days before anything is visible. It is often helpful in such cases to re-examine the patient a day or two later. In such cases the extravasated blood (blood that has been lost from the vessels) follows tissue planes and may emerge some distance from the original injury, and is unlikely to be tender. For example, bruising of any part of the face may appear below the eye. Thus the site of the bruise is not the site of the injury, but the size of the bruise could be evidence of the force of the blow. This should be made clear in any report.
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They occur more readily in areas of thin skin overlying bone or in fatty areas. Many medical conditions, including vitamin and other nutritional deficiencies, age and medication may be associated with easy bruising or purpura. Dietary deficiencies of, for example, vitamin C (scurvy), can cause spontaneous and widespread bruising. This may be evidence of neglect of detainees. Extensive bruising not explained by the history should, if possible, be investigated in case it is the consequence of a disease.
In older people and those on certain types of medication, clotting is impaired and bruising is much larger than usual. This is particularly the case in those areas where the skin is loose. In these patients, for example, a minor injury on the neck can result in a large bruise. Bruises change colour and fade over a period of hours and days as the blood pigments are metabolised and absorbed, but this takes a different amount of time in different parts of the body following a single incident. However, if there are bruises at different stages of resolution in the same place, this could support allegations of repeated assaults over several days.
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The absence of a bruise or abrasion, however, does not indicate that there was no blunt force to that area. In cases of an allegation but an absence of a bruise, the victim should be re-examined after several days.vIt should be taken into consideration that the final position and shape of bruises may bear no relationship to the original trauma and that some lesions may have faded by the time of re-examination.
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Permanent changes in the skin due to blunt trauma are non-specific and usually without diagnostic significance. Prolonged application of tight ligatures may result in characteristic findings, including a linear zone extending circularly around the arm or leg, usually at the wrist or ankle, containing few hairs or hair follicles, a form of cicatricial alopecia.These findings are relatively rare, however; it is more common to see short, linear, narrow scars over the bony sides of the wrists from handcuff abrasions, especially in situations in which the person has been beaten while suspended by handcuffs. These findings may be diagnostic of the alleged torture or ill‑treatment as there are no other skin diseases or injuries that could account for such findings. Ligature injuries will depend on the tightness of the ligature, the nature of the ligature used, and the force applied, such as twisting of handcuffs or suspension and beating while handcuffed.
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Abrasions
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Abrasions are caused either by a blow with a blunt object or a fall onto a rough surface. Parts of the epidermis are rubbed away, sometimes in lines showing the direction of the impact. They are more likely to occur if the superficial tissues are thin, for example, over a bone.Acute abrasions resulting from superficial scraping lesions of the skin may appear as scratches, brush burn type lesions or larger scraped lesions. At times, acute abrasions may show a pattern that reflects the contours of the instrument or surface that inflicted the injury. Repeated or deep abrasions may create areas of hypo or hyperpigmentation, depending on skin type. This occurs on the inside of the wrists if the hands have been tied together tightly.
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During the two or three days following the injury, abrasions produce fluid that crusts over. This makes them very susceptible to infection, which delays and distorts the healing process. Unless the abrasions are full-thickness, they will heal with few remaining signs, although they can leave hyperpigmentation or hypopigmentation.
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Abrasions may show a pattern that reflects the contours of the instrument or surface that inflicted the injury. For example, ropes can cause abrasions wider than the rope itself. When the blunt force is directed perpendicularly to the skin over the bony prominences, it will generally crush the skin at that point. Sometimes, if there is anything between the object and the skin, its imprint may be observed on the skin. In hanging and other asphyxiation by ligature, patterned abrasions can sometimes be found on the neck.
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Sometimes, survivors of torture may be thrown from moving vehicles so that they slide on the road, or they may be dragged along the ground during arrest or capture. In these cases, extensive abrasions may be seen, and particles of dirt, sand, etc. will predispose the abrasion to infection. The same particles may become embedded in the skin and leave a sort of ‘tattoo’ effect that can persist for years. Scratches are caused by sharp objects that produce superficial linear cuts. Identifiable patterns of scratches can be seen, for example, from fingernails.
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Incisions
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Incisions are caused by sharp objects like broken bottles, knives and blades that produce a more or less deep, sharp and well-demarcated skin wound. They must be differentiated from lacerations in which the skin is torn. The term ‘cut’ should never be used in a report, as colloquially the term usually means a laceration.
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Incisional wounds have clearly defined edges and, on close inspection, it may be possible to see that hairs have been cut. There are no tissue bridges. Sometimes the wound can be jagged, suggesting that it was not caused by a single stroke. However, because the skin stretches as it is cut, the size of the wound is not necessarily related to the size of the implement used.
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Small wounds and those that are supported by surrounding tissues heal at the surface, and they may be difficult to see after only a few days. If the wound is in a part of the skin that is not supported, it will gape. Unless it is sutured or otherwise closed, it will heal from inside.
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Stab wounds are incisions that are deeper than they are wide. They should be examined carefully because of the risk of damage to deeper structures.
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Lacerations
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Lacerations are caused by a tangential force such as a blow or a fall and produce tears of the skin. The wound edges tend to be irregular, and often any may be bruised or/and abraded. There might be tissue bridges (where the skin has not separated along the entire length of the wound).
Burns and scalds
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Burns are usually caused by dry heat, but the skin can also be scalded with very hot liquids or burnt with chemicals. Burning is the form of torture that most frequently leaves permanent changes in the skin.
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The shape of the lesion can sometimes, but not always, reveal the shape of the object that caused the burn. The damage caused by heat is proportional to the temperature and the duration of exposure.
Burns are classified into three degrees, according to severity.
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In superficial (first degree) burns there is no permanent damage to the epidermis. They present as a reddening of the skin
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In partial thickness (second degree) burns some of the epidermis is destroyed and there may also be damage to deeper tissues. They present as moist, red, blistered lesions and are normally very painful
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In full thickness (third degree) burns there is complete destruction of the epidermis and significant damage to deeper tissues. They may not be as painful as partial thickness burns. If the burns are widespread, there is usually death from shock and fluid loss.
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Cigarettes are commonly used by torturers to inflict pain. Most cigarette burns are superficial and fade over a few hours to a few days. They tend to be circular, and have a diameter from 5-10 mm up to 1 cm. They cause an erythematous (reddening of the skin) and an oedematous circle that can blister.
Deeper burns are caused when the lit cigarette is pressed against the skin for a long time. When this happens the lesion is deeper and there might be a full thickness burn in the centre surrounded by blisters. If the cigarette is rubbed in, it leaves a larger and more irregular lesion.
Burns from hot objects tend to take the shape of the surface that caused the burn. The wound contracts as it heals, so the lesion may be smaller than the object. Liquids flow on contact with the skin, and this can leave a distinctive pattern reflecting the survivor’s posture at the time of the incident. Scalds lose heat rapidly so the resulting lesion diminishes away from the point of first contact, whereas chemical burns are often more extensive. A number of lesions from scalding in different parts of the body are suggestive of torture. A single burn might be caused by torture but could also be due to an accident either at work or otherwise. A good occupational history is paramount.
Burning with cigarettes, hot instruments or hot fluids leaves acute burns of varying degrees. Burning is the form of torture that most frequently leaves scars, often of diagnostic value. Cigarette burns often leave 5-10 mm large, circular and macular scars with a depigmented centre and a hyperpigmented, relatively indistinct periphery.1 Burning via the transfer of larger amounts of energy to the skin than those transferred when stubbing a cigarette on the skin often produces markedly atrophic scars. They present a narrow, regular, hyperpigmented or hypertrophic periphery, originating from the inflammatory zone, which surrounds the necrotic tissue in the acute phase. While their shape reflects the shape of the instrument used, their size relates to the amount of energy transferred to the skin. Following alleged torture from burning on several areas of the skin with a heated, circular metal rod the size of a cigarette, mostly circular scars with an atrophic centre and a regular, narrow, hyperpigmented or hypertrophic zone in the periphery can be observed. Burns on the nails leads to striped, thin, deformed nails which can also be broken.
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Bites
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They tend to be a mixture of laceration and crush injury. Human bites, especially those that are sexual in nature, can show petechiae from sucking. Petechiae are obvious in the twenty-four hours following the assault. The marks from human bites have a semicircular shape and appear blunt. Animal bites cause deeper and sharper wounds. It is important to look for lacerations caused by the claws
Blunt trauma
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Blunt trauma may leave contusions or lacerations with extravasation of blood into the skin and subcutaneous tissue, and leave ecchymoses, contusions or lacerations, in some cases reflecting the shape of the instrument used, e.g. from beating with a stick.
Blunt trauma often leaves no or uncharacteristic scars. Flogging or beating with canes or truncheons may, however, leave characteristic scars, e.g. asymmetric, linear, straight or curved or “tramline”-shaped scars, showing a pattern of external infliction. The hemorrhagic areas can move down over the next few days.
Deep tissue bruises may not be visible on surface and only tenderness may be present. blunt injuries can change colour from dark red, to purple to brown or green or yellow followed by hyperpigmentation or disappearance. The scars may be hypertrophic with a narrow, regular, hyperpigmented area in the periphery, representing the inflammatory zone appear- ing around necrotic tissue in the acute phase.
Prolonged application of tight ligatures may leave a linear zone extending circularly around the arm or leg. Blunt trauma on feet (falanga) (described later in Section……)can leave contusions in the arch of the feet and swelling.
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Scars
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Various forms of physical torture like electric shock, burns (with cigarettes, instruments, scalding liquids, caustic substances), crush or penetrating injuries, stab wounds, amputations, surgical removal of organs etc. can cause scarring. Physical torture can leave scars which can become more difficult to interpret with time. They should be examined in good light and scar area measured. Scars should be documented in terms of size, shape, location (in relation to the closest anatomical landmark), color, contours, associated infection or tenderness, whether raised or flat, pigmentation,
Scars can be a form of medico-legal evidence even months or years after the incidents. The nature of scar can be affected by whether it had been infected or not, if there was repeated trauma in the same area, association with malnutrition etc. A detailed history can corroborate allegations of torture. It can also give an idea of whether healthcare services were adequate and quality of nutrition during the time of healing of the wound. Comparing photos of wounds when they occur with later scar formation can give clues to the nature of the injury.
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Full thickness wounds (those that go through the epidermis) heal in one of two ways. When the wound is small and the edges are opposed, it heals from the top down (by primary intention). This tends to leave a small, tidy scar. Pockets of infection inside can become abscesses.
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If this process cannot occur, especially if the wound gapes, it heals from below (by secondary intention). This is a slow process and prone to infection, and will leave a wide scar. When the original wound was straight, and especially if it was an incision, the scar tends to be symmetrical, with curved edges, and is widest at the middle (a biconvex scar). Pain and secondary infection can occur if lesions are located in areas of venous or arterial insufficiency. If close to a joint, they can induce contracture, decreased mobility of joint and pain.
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The number, position and size of lesions may indicate other aspects of the conditions in which the individual was detained. For example, if the floor of a cell is flooded for any reason, and there is no access to a toilet so that the person has to urinate and defecate in the cell, the detainees will have to sit or stand in dilute sewage. In these circumstances, minor wounds, whether caused by assault or accident, may well become infected and can leave many small scars around the lower legs or buttocks. These must be differentiated from lesions left by childhood skin infections. All scars should be documented, including those that the individual is clear were caused in incidents other than torture. If those detained in certain centres have far more such lesions than other individuals from the same social background, this should be documented.
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If a scar has suture marks around it, this should be documented, as this demonstrates that medical care was given. Equally it should also be noted if there are scars from wounds that have clearly not received medical attention, or have been seriously infected. Scars from surgery should also be noted, especially if it is alleged to be associated with torture, for example the removal of a ruptured spleen. Self inflicted scars are superficial and within easy reach of the dominant hand.
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Keloids are scars that exceed the boundaries of the original wound. They are much more common in some skin types than others. The exact pathogenesis is unclear, but the tendency to them is probably inherited. Those who have a tendency to keloid will probably have several thickened scars on their bodies. Thus such scars are more difficult to attribute to specific allegations of torture.Sharp trauma, caused by the use of razor blades, knives etc. leave recognizable scars.
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Cigarette burns often leave 5-10 mm large, circular and macular scars with a depigmented centre and a hyperpigmented, relatively indistinct periphery. Burning with heated metal rods can leave circular scars with atrophic centres and hyperpigmented or hypertrophic zone in the periphery.
Corrosive injuries by acid can cause linear scars with depigmented centre and hyperpigmented periphery. The path of the liquid running down the body can also show features of corrosive injury.
Scars seldom inconvenience the patient but can cause distress for cosmetic or psychological reasons because they can be a constant reminder of the torture.
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Post-inflammatory hyperpigmentation
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Hyperpigmentation can follow inflammation. The hyperpigmentation retains the shape of the original inflammation, which can be important forensically. For example, classic tramline bruising (e.g. parallel lines of bruising following a blow from a baton or similar object) or inflammation from burns can leave distinctive patterns of hyperpigmentation. The increased pigmentation can last for between five and ten years.
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Whipping can sometimes leave lines of hyperpigmentation, especially in darker skin. These lesions are rarely confused with stria which are caused by sudden gain or loss of weight, so are also seen in some former detainees. They tend to be irregular rather than linear, and have a well-recognised distribution.
Less regular patterns of hyperpigmentation are seen following abrasions, again particularly in darker skins. Tight ropes or handcuffs may leave marks around the wrists, and marks following rope burns can be seen elsewhere on the body where the individual has been tied up or suspended. These are rarely pathognomonic individually, but the locations and distribution of the marks can support the history of torture.
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As hyperpigmentation can follow any inflammation, any other cause of inflammation can cause a similar pattern. For example, lines of increased pigmentation that follow an irritant dermatitis from contact with plant stems can be mistaken for similar lines following whipping (although it is not unknown for victims to be whipped with irritant plant stems as a form of ill-treatment).
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Hematoma
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This can occur following blunt trauma. Blows with rods or sticks or lathis can leave two parallel lines (tramline bruises) or asymmetric, linear, straight or curved scars. The scars may be hypertrophic with a nar- row, regular, hyperpigmented area in the periphery, representing “arrowline” bruises or an inflammatory zone appearing around necrotic tissue in the acute phase. Hemorrhagic areas often move down the body during the following days. The color can change from dark red to dusky purple, to brown to green etc. Deep tissue bruises may not be visible on the surface of the skin particularly in dark skinned individuals. Prolonged application of tight ligatures may leave a linear zone extending circularly around the arm or leg.
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Electrical shock
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Electric shocks are commonly used because they cause severe pain but may not leave identifiable physical signs. The equipment can be basic or high tech. In electric torture, the current travels along nerves and blood vessels as they offer lower resistance. When the current travels, it causes contractions of the muscles and severe pain. Genitals and breasts are often targeted and the victim could be threatened with loss of reproductive function. The mouth is extra sensitive and can be targeted.
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There can be complaints of severe pain due to muscle contraction. It can cause dislocation of joints and if chest muscles are involved, difficulty in breathing. If it passes through the heart, it can cause arrhythmia leading to sudden death. It can also lead to loss of control of urine and defecation if the muscles of the bladder and rectum are affected.
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One examination, areas of reddening can be present for weeks. The electrodes can sometimes leave small burns, possibly from sparking. These tend to be circular and less than 0.5 mm in diameter. They can also create hyperpigmentation. They can corroborate allegations of electric shock torture if they are in the parts of body alleged to have been targeted.
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In cases of electric shock, 3-4 mm punch biopsy under local anesthesia can show deposition of calcium salts on dermal fibers in viable tissue around necrotic areas and on collagen fibers deep in the dermis.
Biopsy one month after alleged electric torture shows a conical scar with increased number of fibroblasts and tightly packed thick collagen fibres parallel to the surface. Biopsy five days after torture via battery driven electric instrument shows non-specific alterations with sub-epidermal bullae consistent with thermal injuries.
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Even if an examination does not reveal any abnormal findings, the possible use of electrical torture cannot be excluded. The use of high-frequency ultrasound may be helpful to discover the location of calcium deposits in order to select an area for biopsy.
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Electrical torture via electrodes shaped like a knitting needle, “Picana”, leaves clus- ters and linear arrangements of 1-5 mm wide lesions, covered by red-brown crusts, sometimes surrounded by a 1-2 mm broad, erythematous zone with irregular and in- distinct edges.
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Face injuries
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Injuries, scars, lesions etc. on the face can be particularly distressing because they are constant reminders of the torture. Injuries are common over bony points especially the eyebrows and cheekbones. They could be associated with fracture of the malar (cheek) bone.
The face should be palpated for evidence of fracture, crepitation, swelling or pain. All cranial nerves should be examined. Appropriate radiological techniques should be used when possible to confirm facial fractures, determine alignment and diagnose associated soft tissue injuries and complications. Intracranial and cervical spinal injuries are often associated with facial trauma.
Mandibular fractures or dislocations may result from beatings. Temporomandibular joint syndrome is a frequent consequence of beatings, including forceful slaps about the lower face and jaw. The alleged victim should be examined for evidence of crepitation of the hyoid bone or laryngeal cartilage resulting from blows to the neck. Findings concerning the oropharynx should be noted in detail, including lesions consistent with burns from electric shock or other trauma. The maxillary labial frenum may be torn. Gingival hemorrhage and the condition of the gums should also be noted.
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Eye injuries
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Look for sub-conjunctival hemorrhages (bleeding in the white of the eye). Some victims/survivors may complain of soreness in the eye after being in detention over prolonged periods of time; on examination, there is redness of the eye and often no other finding. Retinal hemorrhages in children are very suggestive of violent shaking.
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Direct trauma to the eyes can present in many ways, including conjunctival hemorrhage, lens dislocation, subhyaloid hemorrhage, retrobulbar hemorrhage, retinal hemorrhage, traumatic optic neuropathy, ruptured globe , choroidal hemorrhage, irregular pupils and visual field loss. Ophthalmologic consultation should be obtained whenever there is a suspicion of ocular trauma or disease. Radiological techniques must be used to confirm orbital fractures and soft tissue injuries to the bulbar and retrobulbar structures. Forced solar gazing can cause eye damage, including burns to the retina. Retinal examination should also be conducted to rule out retinal bleeding, which may be associated with whiplash/impact head trauma.
Acute eye symptoms in torture survivors are conjunctivitis, probably caused by dirty cloth used for blindfolding, which the victims often have to wear for many days and nights on end. Very few long-lasting eye symptoms that are possibly related to torture have been described. Perron-Buscail, Lesueur, Chollet, and Arne (1995) observed opacities in the cornea 10 years after electric torture in the eyes, influencing the vision.
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Nasal injuries
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The nose should be evaluated for alignment, crepitation and deviation of the nasal septum. For simple nasal fractures, standard nasal radiographs should be sufficient. Radiological techniques should be used to confirm fractures and identify soft tissue injury.
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Head and neck injuries
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Bruises and scars on the scalp may be difficult to find, especially if the hair is thick. Bruises will usually be tender to touch. Head trauma a very common outcome of torture and even repetitive minor head trauma can cause permanent damage to the brain. This in turn can lead to neurological deficits. Some survivors of torture may report losing consciousness during periods of time, in which case, the presence of a reliable witness would help in documentation. Loss of consciousness can occur because of direct blows to the head, post-traumatic epilepsy, asphyxiation, pain and exhaustion, excessive loss of blood internally or externally or any combination of this. After having been hit on the head, many complain of persistent or recurrent headaches. There could be areas of hyperaesthesia on the scalp (extreme sensitivity of the nerves) and thickening of the scalp due to scar tissue. This can be palpated by running the fingers along the scalp.
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Violent shaking of the upper body, as can happen with a child or a small made person, can leave severe headaches and cognitive changes. Even though no external injuries may be identifiable, internally, it can manifest as cerebral edema or sub-dural bleeding. After severe head injury, there may be concussive convulsions but may not necessarily lead to epilepsy. Convulsions in the first week after severe head injury tend to be tonic-clonic, can recur for a year or more, but are not generally lifelong. If the injuries, specifically in the temporal area, do cause brain damage, then they are likely to develop complex partial seizures, months or years after the incident, making history very important in proper management and for documentation. More than 90% cases of complex partial seizures start with an aura, with concurrent automatic movements (like lip smacking) and followed by absence that can last for up to 2 minutes, followed by a few minutes of disorientation. This has to be differentiated from Post Traumatic Stress Disorder (PTSD) symptoms where the person can be roused and doesn’t completely lose consciousness.
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Survivors of torture rarely have an accurate account of their head injuries, and unless they have an external reference, they cannot know for how long they were unconscious. One problem with attributing epilepsy to head trauma is that there is rarely any information about the individual’s neurological state prior to the incident.
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It is essential in possible cases of neck compression or strangulation that all areas of the eyes, skin and mucosa (including inside the mouth, the eyelids, the palate and the uvula, and the skin of the scalp) above the level of compression are examined with a good light to identify any localized areas of petechiae. It is important to identify petechiae at an early stage as they fade and disappear within 24 hours or so. In cases of manual strangulation or neck compression petechiae may be florid and may coalesce to form larger bruises. There may also be difficulty breathing, ptosis or facial nerve palsy. Late complications include aspiration pneumonia, pulmonary oedema and seizures.
Where strangulation by ligature or hand has been attempted, potential findings include:
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(a) No injury seen;
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(b) Pain or tenderness – at site of application of force with no visible injury on swallowing or on neck movement;
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(c) Reddening (erythema), which may resolve after a few hours;
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(d) Skin bruising, abrasions or swelling at the point of compression – for example, at sites of finger/thumb/ligature application – this may appear early or later and persist for days;
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(e) Pinpoint bruising (petechiae) above the site of compression;
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(f) Damage to the larynx – thyroid cartilage (voicebox) – causing hoarseness and/or hyoid bone (bone at base of neck);
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(g) Scratches to neck
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(h) Damage to mucosa of the mouth and tongue due to direct pressure on teeth internally and swelling of the tongue;
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(i) Bleeding from mucosa where the intravenous pressure has been raised – for example, from the nose and ears;
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(j) Additional non-specific features that may rarely be present include frank hemorrhage from orifices such as the nose and ear and spontaneous evacuation of feces and urine. These may appear alone or in combination.
Oral cavity
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Broken or missing teeth can be evidence of assault, but if the oral hygiene is generally poor, conclusively connecting broken teeth to torture may be difficult. Petechiae on the palate can be evidence of forced oral intercourse.
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There can be untreated caries, tooth or gum pain, gingival inflammation due to poor oral health facilities. Poor oral health can affect a person's physical, psychological and social well being. People may have discomfort due to bleeding gums, bad odor or broken/missing teeth. Individuals who have been tortured are often fearful, anxious, and panicked when placed in a prone position, and sharp dental objects may trigger recollection of torture experiences; clinicians need to exercise patience in allowing patients to maintain control of their environment. However, dentists rarely have the background, education, time, or experience needed to provide appropriate and sensitive care to this population.
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Oral cavity examination to look for untreated caries, gingivitis or tooth abscesses. Tooth avulsion, fractured teeth dislocated fillings and broken prostheses could arise from direct trauma or electric shock torture. The tongue, gums or lips can be bitten. Lesions can occur by forcing objects or materials into the mouth as well as by applying electric shocks. There can be bruises or abrasions on the buccal aspect of the cheek, the frenulum may be inflamed or torn. Radiological techniques should be used to assess the extent of soft tissue, mandibular and dental trauma.
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Ears
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Repeated or hard slaps to the ear can damage the eardrum. However, the presence of scars in the tympanic membrane (ear drum) could also be attributed to childhood infections.
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Trauma to the ears, especially rupture of the tympanic membrane, is a frequent consequence of harsh beatings. The ear canals and tympanic membranes should be examined with an otoscope and injuries described. A common form of torture, known in Latin America as teléfono, is a hard slap of the palm to one or both ears, rapidly increasing pressure in the ear canal, thus rupturing the tympanic membrane. This type of impact may also cause ipsilateral subdural bleeding, which may need to be explored by CT scan. Prompt examination is necessary to detect tympanic membrane ruptures, which may heal within 10 days, although healing may be delayed. Fluid may be observed in the middle or external ear. The presence of hearing loss should be investigated. Beating is the type of torture that carries a high risk of damaging the hearing functions, particularly in the form of “teléfono”, in which both ears are beaten simultaneously with the flat of the hand.
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Upper limbs and hands
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Small wounds to the backs of the hands can be caused by punching or being hit. Wounds on the backs of the forearm could be defense injuries. The inside of the non-dominant forearm is the usual location of self-inflicted wounds. Superficial abrasions or reddening around the wrists could have been caused by tight handcuffs or cords. At a later stage there is often hair loss and there may be hyperpigmentation.
Finger and toe nails can be extracted or crushed during torture, but the late appearance is normally indistinguishable from infection or innocent trauma. Vaccination scars should be noted to ensure they are not attributed to ill-treatment. if the nail has been pulled off, an overgrowth of tissue may occur from the proximal nail fold.
Chest, Back, Abdomen
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Partial asphyxiation is very frightening for the victim and torturers have used many methods of causing it. These include putting plastic bags or other sealed objects over the head, holding the head under water, and forcing objects into the mouth, such as a wet cloth. Sometimes chilli pepper, petrol or sewage are added. Victims can be exposed in a confined space to smoke or tear gas. Many survivors will give an account of a persistent dry cough for a few days or weeks afterwards, probably as a result of inhalation pneumonitis (inflammation of the lungs). Some survivors say that they have been asthmatic since such an incident, but it would be very difficult to demonstrate causation. Examination of the lungs, and respiratory function tests are usually normal.
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Lesions on the trunk, as in all parts of the body, can be accidental or self-inflicted, or a consequence of torture. The late effects of whipping and beating with sticks can include lines of hyperpigmentation as well as scarring. Sometimes torturers embed small pieces of metal in whips, or hammer nails through sticks, and these can leave a distinctive appearance.
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Striae distensae (stretch marks) are most common on the abdomen (especially after pregnancy), the lower back, the upper thighs, and around the axillae. They are hypopigmented lines in which the skin might be folded. They must not be confused with scars from whipping. In striae, the skin is intact. They can be evidence of significant weight loss, for example in detention.
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Survivors of torture frequently complain of non-specific pains, and the chest is a regular site for them. On examination there is rarely anything significant to find, except perhaps some tenderness of the chosto-chondral joints (joint between the rib and the sternum (breastbone)). The pain is often helped by sympathetic physiotherapy. Patients with acute rib fractures should be examined thoroughly to ensure that there is no damage to underlying tissues.
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Back pain is also common in survivors of torture, and there may be some local tenderness in the lumbar spine. However, these findings are non-specific and common in the general population. Fractures of the vertebral pedicles (the parts of the vertebra going away from the main body) may result from direct blunt force and in some instances radiography of the vertebrae may indicate recent or healed fractures.
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Incision wounds to the abdomen can be mistaken for surgical wounds, including those from surgical drains, and vice versa. If the wound was not sutured properly, this increases the likelihood of it not having been made surgically. The location of the wound is always helpful. Renal failure due to crush syndrome may be seen acutely following severe beatings, severe burns and electrical torture.
Musculo-skeletal system
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Complaints of musculoskeletal aches and pains are very common in torture survivors, immediately as well as later. They may be the result of repeated beatings, suspension, other positional torture or the general physical environment of detention. They may also be psychosomatic or somatic in nature, but should still be documented. Pain may be specific to the torture mechanism or non-specific and generalized.
Physical examination should include testing for mobility of the joints, spine and extremities.
Clinicians should note: pain on palpation or with motion, muscle strength, contracture, evidence of compartment syndrome, fractures with or without deformity and dislocations. In the case of severe beatings, muscle tissue breakdown may lead to myoglobin release into the blood circulation in large amounts, potentially leading to acute kidney failure. The urine myoglobin level may be tested when and if available in severely beaten survivors during the acute phase.
Suspected dislocations, fractures and osteomyelitis should be evaluated radiologically. Injuries to tendons, ligaments and muscles are best evaluated with MRI, although arthrography can also be performed. In the acute stage, this can detect hemorrhage and possible muscle tears. Muscles usually heal completely without scarring; thus, later imaging studies will be negative. MRI and CT images of denervated muscles and chronic compartment syndrome may demonstrate muscle fibrosis. Bone bruises can be detected by MRI or scintigraphy Bone bruises usually heal without leaving traces. Vitamin D deficiency due to lack of sunlight and poor diet can also be a cause of musculoskeletal pain and responds to replacement therapy.
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Symptoms related to the musculo-skeletal system are the most frequently reported physical complaints at the time of torture, as well as at later stages. The associated signs and symptoms in the acute phase are similar to those following other types of acute trau- mas causing lesions in soft tissues (muscles, joint capsules, tendons, ligaments, nerves and vessels) and distortion/dislocation of joints and fractures.
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Pain is the dominant symptom in relation to the musculo-skeletal system in the chronic phase. The clinical picture is one of localised or diffuse pain in muscles, joint pain, pain related to the spine and pelvic girdle, and neurological complaints mainly in the form of sensory disturbances and radiating pain.
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Examination of the torso, in addition to noting lesions of the skin, should be directed towards detecting regions of pain, tenderness or discomfort that would reflect underlying injuries of the thoracic muscles and skeleton or abdominal organs. The examiner must consider the possibility of intramuscular, retroperitoneal and intra-abdominal haematomas, as well as laceration or rupture of an internal organ. Radiological techniques are required to confirm such injuries. Blood tests and urinalysis may be useful screens for such injuries. Routine examination of the cardiovascular system, lungs and abdomen should be performed in the usual manner. Pre-existing respiratory disorders are likely to be aggravated in custody and new respiratory disorders frequently develop.
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Acute stretching of the muscle can cause partial or complete tear of the muscle tendon unit
Typical findings in the musculo-skeletal system in the chronic phase are:
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Increased muscle tone
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Tender and trigger points, especially in the muscles of the neck and shoulder girdle, muscles in the low back and pelvic girdle, and muscles of the lower ex- tremities; tendinitis around the shoulder joint, elbow, knee and ankle joint
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Tenderness and restricted range of move- ment in peripheral joints, cervical and lumbar spine
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Tenderness in the soles and a compensatory altered gait
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Assessment of the musculo-skeletal system should in general include:
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Examination of muscles and tendons: in- spection, palpation (tone, stretch range, tenderness, changes in tissue texture) and assessment of function (strength, endurance)
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Examination of peripheral joints and bones: inspection, palpation and assess- ment of joint function (range of movement and stability)
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Examination of the spine and pelvic girdle: inspection, palpation and range of movement in the cervical, thoracic and lumbar spine
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Neurological examination: muscle strength, tendon reflexes, and sensibility.
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Acute stretch of a muscle may cause a partial or even complete tear of the mus- cle-tendon unit. These injuries are usually designated as stretch-induced injuries or muscle strains. A direct, non-penetrating blow to the muscle belly is another common mechanism for muscle injuries. Such muscle contusions may cause significant damage to the structure and function of the muscle.
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Immediately following the injury, there is disruption of the architecture due to ruptured muscle fibres, as well as injury to the connective tissue framework and haematoma formation. Within two-three days, an intense inflammatory response develops. Pain and disability in the acute phase are, at least in part, due to this inflammation, and biomechanically the muscle is most impaired at this point.
Within the first week, evidence of muscle regeneration may be found. The combined regenerative and scar response results in a healed muscle that has fewer and smaller muscle fibres in the injured area, as well as an increased amount of collagenous tissue between the fibres.
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The majority of muscle lesions heal leaving no specific gross findings, but very often torture victims present with muscular dysfunction in the chronic phases. Typical, but unspecific, findings are: increased muscle tone, restricted stretch range of movement, tender and trigger points, and musculo-tendinous inflammation. The range of muscle movement may be restricted because of painful trigger points or reduced elasticity due to muscle contracture/fibrosis. A tender point is a hyperirritable spot that is painful on compression. A trigger point is painful on compression and also gives rise to a characteristic pattern of referred pain. Inflammatory reactions in musculo-skeletal system can occur in joints, tendons, muscle, bursae and periosteum. Inflammation of muscle-tendon attachment to bone (teno-periostitis) is characterised by localised tenderness as well as when the connected muscle group is contracted against resistance (isometric testing). With tendinitis and bursitis, there can be tenderness, swelling and crepitus.
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Exceeding normal range of movement or adding excess weight on a joint as happens with some forms of torture, can lead to pain, swelling and joint dysfunction. Full recovery may take months. Clinically, reduced range of movement of joints, joint laxity and instability can be found.
Suspension by the limbs, prolonged squatting or standing, prolonged back loading positions, restricted movement due to confinement etc. leave relatively few and unspecific findings, despite subsequent frequently severe, chronic physical disability.
Suspension by the arms, an often-applied torture method, is practised either separate- ly or in combination with other forms of torture, such as beatings and electrical torture. The torture victim is most often tied at the wrists and left hanging for a prolonged pe- riod of time by one or both arms. This form of torture is extremely painful and causes an immense overload of the shoulder joint and surrounding soft tissues.
In Palestinian hanging, the shoulder joint is maximally extended, inward rotated and the entire body weight loading the weak anterior aspect of the shoulder joint placing traction on the brachial plexus. Typically, the lower plexus, and thereafter the middle and the upper plexus fibres if the traction force is severe enough, will be damaged.
If the suspension is of the “crucifixion” type, the shoulder joints being in abduction, the traction force will primarily be placed on the middle plexus fibres, which are likely to be the first ones damaged.
Symptoms in the acute phase are severe pain in the neck and shoulder girdle and in the shoulder joints, and loss of function in the upper extremity. Occasionally, one or both shoulder joints may dislocate during the torture.
Neurological complaints indicative of plexus lesion are frequent: radiating pain and re- duced muscle strength in the upper extremities, accompanied by sensory disturbances, typically in the form of paraesthesia and reduced sensibility. At neurological examination, common findings are reduced muscle strength, most prominent distally, loss/reduction of tendon reflexes and sensory disturbances along the sensory nerve pathways).
In the chronic phase, many torture victims who have been exposed to suspension by the arms, in particular Palestinian hanging, develop chronic disability with pain, reduced shoulder function and permanent neurological deficit, indicative of partial lesion of the brachial plexus, most often involving sensory modalities. In the late stages, typical complaints are pain in the neck and shoulder girdle, deep pain in the shoulder joints during activity, especially in connection with overhead movements (abduction, inward rotation) and lifting, reduced range of movements in the shoulder joints, feeling of instability in the shoulder joints or popping, locking sen- sations on movement.
Neurological symptoms are likewise frequent: radiating pain, muscle weakness with a feeling of heaviness in the upper extremities and various sensory disturbances, including vasomotor and sudomotor changes.
At clinical examination, most of the findings are unspecific and confined to the soft tis- sues: typical findings are tender and trigger points in the neck and shoulder girdle, muscular imbalance with musculo-tendinous inflammation. At joint examination, a reduced range of active movement in the shoulder joint is common. Signs of habitual luxation/subluxation are rare, but upon specific testing, various degrees of instability may be present.
At neurological examination, brachial plexus injury will manifest itself as sensory and motor deficit, depending on the severity of the nerve lesion. Reduced muscle strength, which often is asymmetrical and most pronounced distally as well as reduction/loss of tendon reflexes are signs of motor involvement. Sensory disturbances, which might involve different sensory modalities, are signs of sensory involvement.
Ligaments
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Exceeding the normal range of movement in a joint or loading the joint by traction, as in suspension and other types of positional torture, the ligaments may be sprained. An inflammatory response with swelling, pain and joint dysfunction will be present in the acute phase. In a first-degree distortion, the ligaments are sprained without macroscopic rup- ture, and there will be no mechanical instability in the joint. In a second-degree distortion, there will be a partial macroscopic rupture of the ligaments, leading to a slight mechanical instability in the joint. In a third-degree distortion, the liga- ments will be completely ruptured and the joint clearly mechanically unstable. The healing process in ligaments and tendons is considerably slower than that of muscles. A full recovery with normalization of strength and function takes months. Pain and joint dysfunction are very frequent complaints in the chronic phase. At clinical examination, reduced range of movement in peripheral joints, as well as in the spine, is the most typical finding, but various degrees of joint laxity/instability may also be found . Specific clinical tests may be applied for diagnosing the instability and direction of instability in joints.
Lower limbs
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Scars on the knees and shins are common in many people, especially those who have played contact sports. Thus lesions in this part of the body can rarely be significant, though they might be consistent with allegations of torture (see section 4.6). Additionally, tropical ulcers in childhood can leave large, irregular scars primarily around the lower legs. Lesions on the upper thighs and particularly those inside the thighs are much more important, as they are less likely to be the result of disease or accidental causes.
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Feet
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Falanga (repeated applications of blunt trauma to the soles of the feet) is a common method of torture. The immediate effect of is bleeding and oedema in the soft tissues of the feet, as well as severe pain and swollen feet which can last for days or weeks after the torture. Some may describe pain on walking several years later, or burning pain in the foot radiating up to the calf or even the thigh in bed at night. There may be some tenderness of the sole of the foot on palpation. However, the recognised syndromes of permanent damage to the foot probably only occur in those whose feet were beaten most severely.
The majority of torture victims submitted to falanga complain of pain and impaired walking. The cardinal symptom is pain in the feet and calves, and two types of pain are usually present:
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A deep, dull cramping pain in the feet, which intensifies with weight bearing and muscle activity spreading up the lower legs
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A superficial burning, stinging pain in the soles, often accompanied by sensory disturbances and frequently also a ten- dency for the feet to alternate between being hot and cold, suggestive of auto- nomic instability
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Because of the pain, walking is impaired in most falanga victims. Walking speed and walking distance are reduced. Typically, the torture victim is only able to walk a lim- ited distance, during which the pain will in- crease and make continued muscle activity impossible. After rest, the pain subsides and the victim can resume walking.
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At clinical examination, changes are also confined to the soft tissues. Swelling of the feet, discoloration of the soles due to haematoma formation and various degrees of skin lesions are typical and diagnostic findings. Extensive ulcerations and gangrene of toes due to ischaemia have been described, but are not common. Fractures of tarsals, meta- tarsals and phalanges are described as occurring occasionally.
The acute changes disappear spontaneously within weeks, as the oedema and extravasation of blood resolve, but the induced soft tissue lesions may be permanent.After falanga, the heel pad may appear flat and wide, with displacement of the tissues laterally during weight loading. This is ob- served at inspection from behind, with the torture victim in the standing position. At palpation, the elasticity in the heel pad is reduced and the underlying bony struc-tures are easily felt through the tissues. The pathophysiology of the reduced elasticity in the heel pad is thought to be tearing of the connective tissue septa, leading to deprivation of blood supply and secondary atrophy of fat cells with loss of the shock absorbing ability.
As a consequence of the altered function of the foot, altered gait and frequently concurrent exposure to other forms of torture involving the lower extremities, a chain re- action of muscular imbalance occurs. The various muscle groups of the lower legs are often painful due to increased muscle tone, tight muscles and fasciae, tender and trigger points, and musculo-tendinous inflammation.
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Bones and joints
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Beatings and falls can lead to fractures of bones. In the acute setting it is generally possible to diagnose a fracture clinically if no X-ray facilities are available.
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Fractures can be caused by a direct blow, in which case the fracture is at the site of the impact, or by twisting or crushing, in which case the fracture tends to be at the weakest part of the bone. The commonest fractures in survivors of torture are of the nasal bones; the radius and ulna (bones of the forearm); the carpal, metacarpal and the phalangeal bones of the hand; the ribs; the transverse processes of the vertebrae, and the coccyx (the bone at the end of the spine, below the pelvis).
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If fractures heal well, there will be no way of knowing whether the injury was caused by torture or by accidental causes. However, the fact that an injury can be demonstrated may be corroboration of the individual’s account. It can also be significant if there are multiple fractures at different stages of healing. If the fracture has healed at an angle, or has become chronically infected, this may support an allegation of inadequate treatment at the time of the original injury. If old X-rays are available, new X-rays (if the equipment is available) can help to determine how long ago the injury occurred. The location, contour and other characteristics of a fracture reflect the nature and direction of the applied force.
In the acute phase, local swelling, bony deformity, tenderness and loss of function will be typical findings at the clinical examination. In the chronic phase, various degrees of bony deformity, pain at activity and loss of function may be found.
If a person alleges that a bone was fractured during torture and a callus is palpable, that should normally be sufficient to document. An X-ray would be able to point out the callus formation following fracture.
Many forms of torture involve damaging joints. Indeed the word ‘torture’ comes from the Latin torquere (to twist) because many tortures involved distending and twisting joints.
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Suspension is a common form of torture, in which the individual is suspended by the arms or wrists. The body weight distends the shoulder joints, causing pain. In one variant, ‘Palestinian suspension’ (also referred to as Palestinian hanging’), the arms are behind the back, increasing the strain on the shoulder joints and often stretching the nerves running into the arms.
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Other forms of joint damage are specific to particular parts of the world. For example, the knees may be forcibly bent backwards around a heavy pestle, causing permanent damage to ligaments; or the thighs may be forced apart, damaging the adductor tendons (tendons running from the muscles that separate the thighs) which may remain tender for a long time afterwards.
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Neurological
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Acute central nerve neurological problems are associated with severe beating to the head. Of 200 torture victims, 58% had received severe beating to the head and 1/4 of those consequently lost consciousness (Rasmussen, 1990). Headaches were the most frequently reported symptom, present in more than 50% of the examined persons. A significant correlation between severe beat- ing to the head and headaches was found. Likewise, there was a significant association with the symptom vertigo present in 20% of the persons.
Violent shaking may produce cerebral in- juries identical to those seen in the shaken baby syndrome: cerebral oedema, subdural haematoma and retinal haemorrhages.
Acute peripheral nerve symptoms are most often reported as a result of handcuffs or tight ropes at the wrist. Lesions of the brachial plexus, especially the lower roots, have been mentioned after suspension, and damage to the long thoracic nerve has been reported after “Palestinian hanging”.
Many of the long-lasting symptoms, such as loss of concentration, headaches, memory disturbances and vertigo, could be explained by chronic, organic brain damage and call for a neurophysiological evaluation in order to evaluate the specific symptoms. It should, however, be borne in mind that many of these symptoms are also related to PTSD.
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Many forms of torture can cause nerve damage, including stretching injuries associated with joint damage and physical damage from fractures and incisions. The speed of resolution of nerve damage is relatively predictable, so it may be possible for an expert to determine the approximate time of the original injury from a series of examinations over several months.
‘Palestinian suspension’ can lead to neuropathy of the brachial plexus, especially if it has been prolonged. Sometimes there will be residual signs of this, and if they are still present after two years, they will probably be permanent. ‘Winging’ of the scapula must be looked for (by asking the person to push against a wall and observing the shoulders from behind). Survivors will sometimes describe having suffered weakness of the muscles around the shoulder associated with the loss of certain movements which have recovered progressively over a period of months. If he or she did not have access to information about the clinical processes involved, this description can be very supportive of allegations of torture. Often there is residual pain around the chest and shoulder joint which may be partially or completely physical or may be psychosomatic.
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Peripheral nerve lesions of the hands and feet may also be detected following the prolonged application of restraints (wires, ropes, handcuffs, etc.) to the wrists or ankles. Motor and sensory changes may be transient or, in cases of excessive and prolonged tightening, may be permanent. These lesions are sometimes known as handcuff ‘neuropathies’.
Cardio-pulmonary
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Certain types of torture particularly lead to pulmonary complications. Beatings to the chest may cause damage to the thoracic wall – including rib fractures – and severely reduce the respiration. Often the consequence is pneumonia.
“Wet submarino” is associated with the potential risk of producing acute lung symp- toms, due to aspiration of contaminated water. Harsh prison conditions in humid, cold and dark cells probably often facilitate pneumonia, bronchitis or pulmonary tuber- culosis.
Electrical torture may produce cardiac arrest if the current passes through the heart. Attacks of tachycardia, palpitations and/or dyspnoea,combined with anxiety, pain in the thorax, including angina and muscular pain, chronic bronchitis (coughing, exertion dyspnoea) can occur highlighting the need for follow-up studies on torture victims.
Gastrointestinal
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Acute torture-related symptoms have been described after having a foreign body in- serted into the anus. Lesions of the anus and rectum have been described as a conse- quence of the torture. The lesions give rise to pain and bleeding.constipation is often a secondary symptom to anal pain.
On examination of the anus, the following findings should be looked for and documented
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Fissures tend to be non-specific findings as they may occur in a number of “nor- mal” situations (constipation, poor hy- giene). However, when seen in an acute situation (i.e. within 72 hours), fissures are a more specific finding and may be considered evidence of penetration.
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Rectal tears with or without bleeding may be noted.
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Disruption of the rural pattern may manifest as smooth fan-shaped scarring. When these scars are seen out of midline (i.e. not at 12 or 6 o’clock), they may be an indication of penetrating trauma.
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Skin tags, which may be the result of healing trauma.
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Purulent discharge from the anus. Cultures should be taken for gonorrhea and chlamydia in all cases of alleged rectal penetration, regardless of whether a discharge is noted.
Acute gastroduodenal haemorrhage has been reported by a small number of torture victim survivors, and may be explained by the extreme stress. Acute gastrointestinal symptoms such as abdominal pain, epigastric discomfort, di- arrhoea, vomiting, etc., are associated with torture and imprisonment. These symptoms must be considered to be of mixed etiology, in which mechanisms caused by the stressful situation may be a factor. Insufficient or unappetising food, restriction of liquids and lack of exercise may also be factors related to these gastrointestinal symptoms during imprisonment.
Urological
Severe beating to the kidney region may give rise to the development of haematoma in and/or around the kidney. In many cases, the lesion is accompanied by haematuria. Direct trauma to the urethal mucous membrane,either by beating or electric torture in the urethra, also produces haematuria. Beating at the scrotum may injure testis with subsequent atrophia.
Myoglobinuria occurs as a result of rhabdomyolysis, destruction of the muscle tissue, and may be caused by beating or electrical torture. The urine is red or brownish and could be mistaken for blood. Myoglobinuria is a potentially dangerous condition as it causes damage to the kidneys, with serious risk of acute renal failure.
Dysuria is as a frequent complaint among torture victims, probably caused by torture instruments in some cases and by cold and unhygienic conditions in the rest.
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Gynaecologic
In many countries, acts of sexual violence are a common method of torture or inhuman treatment inflicted on women. It is found that female victims of torture are raped more often than men, although men are also frequently subjected to rape.
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Women of any age may be raped, including women over 60 years of age or children. It must be emphasised that gender-based violence and rape may be only one among many traumas that women have suffered, and that physical consequences are often accompanied by psychological and social consequences.
A detailed medical, obstetric and gynaecological history should be taken, including questions on sexual activity, menstruation and contraception. Physical signs after sexual violations and rape depend very much on the interval between the assault and the examination. Immediately after the rape of a woman, semen may be detected. She may have injuries all over her body. There may be bruises and bite marks, on the lips, neck, shoulders, buttocks and breasts. The vulva, vagina, anus and the urethra should be carefully examined and special attention should be paid to the perineum. There may be external signs of perineal tears, with laceration of the margin of the vaginal introitus or anus. Where injuries are gross, fistulae between vagina and the rectum may be seen.
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After electrical torture and/or blows in the genital region, haematuria may be found, due to injuries to the urethra and bladder.
Most acute symptoms disappear over time, and it may not be possible to differentiate scars of the perineum from scars after child- birth or scars following a sexually transmit- ted disease.
Later, women may present themselves with complaints of vaginal bleeding, decreased sexual desire, genital irritation, pain during intercourse and urinary tract infections. Sexual torture may leave traces in the musculo-skeletal system, structural injuries, functional disturbances and dysfunctioning of the pelvic joints in women. They often have lumbar pain, and complain of pains in the genitalia, menstrual disturbances and sexual problems.
Damage to the genitals is most severe in girls under 15 years of age, and in girls and women who have previously been subjected to female genital mutilation. These girls and women are also at higher risk of contracting sexually transmitted diseases (STDs). Health care workers should always consider sexually transmitted diseases after rape. Soldiers, even during peacetime, have STD infection rates two to five times higher than those of civilian populations. The chance of infec- tion is therefore considerable for women who have been raped by soldiers .
Consequences of pregnancy and delivery, as well as of an unsafe abortion, must be con- sidered. The most frequent complications are incomplete abortion, sepsis, haemorrhage and intra-abdominal injury, such as puncturing or tearing of the uterus.
If genital examination is necessary, it must be performed only with the specific consent of the alleged victim and may need to be postponed to a later examination. A chaperone must be offered if the examining physician’s gender is different from that of the patient. Ultrasonography, kidney function tests, urinalysis and dynamic scintigraphy can be used for detecting genito-urinary trauma.
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Examine breasts for bites, inflammation, redness, bruises, cuts etc. The inner thighs should be examined for bruises, cuts, burns, incisions, scars or hematoma. Do the vaginal examination last after consent and explain to the person what and why you are doing it. Vaginal examination includes macro examination for discharge, redness, inflammation, tenderness, ulcers, swellings. Swabs can also be taken to look for sexually transmitted diseases (especially gonorrhoea, chlamydia, syphilis and trichomoniasis) as well as reproductive tract infections.
Pregnancy tests can be done with consent and offer emergency contraception if there has been penetrative rape. If there is advanced pregnancy, she should be offered the routine antenatal services. Other Sexually Transmitted diseases like Hepatitis B, HIV/AID can be screened with consent. If rape occurred within the previous seventy-two hours, consideration must be given to the administration of post-exposure prophylaxis (PEP) of anti-retrovirals (ARVs) for preventing infection by HIV and this depends on a detailed assessment of the nature of the sexual assault. The risk of infection with HBV should be assessed and the need for immunisation determined.
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Lesions on the breasts, particularly from bites, should be enquired about in women who have been sexually assaulted. When the legs are examined, the inner thighs should be inspected thoroughly. Where women have had their legs forced apart, there may be finger bruising, scratches, cigarette burns, incisions and other wounds, or their late consequences.
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The vaginal examination is generally the last part of the physical examination. The doctor must seek specific consent prior to a genital examination, even if consent for the physical examination has already been given. Prior notice of an intention to conduct a detailed physical examination that may include a genital examination could be reassuring to the person and help her to give informed consent. A clear, unambiguous explanation of the reason for the genital examination should be given while the victim is fully clothed. Rape victims in particular may feel disempowered, and may feel that they cannot refuse a request from the doctor, who should make every effort to ensure that any consent given is real and informed.
If the victim refuses consent, the doctor should record any relevant observations on the victim’s demeanour, such as embarrassment or fear. It is unwise to draw conclusions about a refusal to consent to genital examination. Lying prone on an examination table, exposed and with legs apart in front of a relative stranger, can trigger powerful recall of the rape. The victim may be anxious, and shame can be profound, making genital examination unacceptable to her.
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If informed consent is obtained, the woman should be made at ease, reassured and explained the procedures that are going to be performed. The genitals should be inspected for the presence of a hymen, the likelihood of having been pregnant, and evidence of genital mutilation. Is there vaginal discharge or tenderness, or spasm of the vaginal muscles?
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If the woman is being examined shortly after the rape, it is important to discuss issues of pregnancy and emergency contraception, and however long has passed since the assault, sexually transmitted diseases (especially gonorrhoea, chlamydia, syphilis and trichomoniasis) and other infectious diseases such as Hepatitis B (HBV) and HIV must be considered (see below), and treated where present if the necessary facilities are available. If rape occurred within the previous seventy-two hours, consideration must be given to the administration of post-exposure prophylaxis (PEP) of anti-retrovirals (ARVs) for preventing infection by HIV and this depends on a detailed assessment of the nature of the sexual assault. The risk of infection with HBV should be assessed and the need for immunisation determined.
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Some women are raped persistently over a long period which increases the likelihood of becoming pregnant; in some cases they are then detained until it is too late to consider termination of pregnancy (if that would otherwise be an option). In such cases routine ante-natal examinations should be performed including, if possible, ultrasounds. This will enable the time of conception to be estimated.
“Deprivation of liberty … has devastating consequences for women’s lives, putting them at risk of torture, violence and abuse, unsafe and unsanitary conditions, lack of access to health services and further marginalization. It cuts women off from educational and economic opportunities, from their families and friends, and from the possibility of making their own choices and directing the course of their lives as they see fit.”
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Working Group on discrimination against women and girls, Istanbul Protocol, 2022
Perianal examination
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The examination of the patient alleging sexual torture is not technically different from a general anogenital examination. The essential aspect, even more than for other medical purposes, is to gain the confidence of the individual. By this stage the health professional will have already completed an interview and general physical examination.
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Following a more general history, questions should be asked about urinary function after the episode(s). Some survivors of torture described haematuria for a median of two days, mostly after beating or electric shocks to the genitals, although some could have had haemaglobinuria (haemoglobin in the urine) from beatings elsewhere in the body. Where an object has been inserted into the anus, including anal rape, there is normally bleeding and pain for a few days afterwards, but these symptoms do not normally last for more than about two weeks.
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Generally, visual inspection of the anogenital region is sufficient to find scarring and other lesions of the skin. The focus of the examination will depend on the history.
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Anal rape or objects pushed through the anus in either sex can sometimes lead to scarring. Scarring from haemorrhoids or anal fissures is seen in a proportion of the general population, but may also relate to constipation due to a poor prison diet. If a health professional sees scarring in an unusual part of the anus, or scarring that is bigger than commonly seen following anal fissures, this should be emphasised.
It is best to examine the anus with the patient lying on her or his left side. The buttocks can be separated gently to see if there is any perianal scarring. It is only necessary to check the tone of the anal sphincter if the survivor has been anally raped repeatedly. If the survivor had persistent bleeding after an object was pushed through the anus, there may be scarring of the rectal mucosa and this can be looked for by proctoscopy.
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Following rape, the possibility of sexually transmitted diseases should be considered and local protocols followed. If there is any possibility of the perpetrator being prosecuted, air dried internal and external anal swabs can be taken up to five days after the rape, even if the survivor has defecated, and stored for DNA testing.
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Sexual assault
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When examining an individual who may have been sexually assaulted, the health professional should be aware of and sensitive to the particular unease that the individual is likely to be experiencing, and should take note of gender and culture considerations and the use of chaperones.
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Survivors of sexual assault are often unwilling to disclose the abuse openly. In many cultures victims are blamed, even though they were powerless at the time of the incident. This makes it even less likely that they will testify against their torturers.
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All forms of torture include an element of humiliation. Although far fewer women than men are detained, those women who have been tortured in detention are disproportionately likely to have been sexually abused and raped.
It would facilitate the recognition of physical consequences of torture if health profes- sionals were familiar with the physical consequences of other non-accidental injuries in children. The shaken infant syndrome has been described as occurring only in very young children, seldom older than two years of age. However, symptoms similar to the shaken infant syndrome have been diagnosed in an adult who had been subjected to shaking during interrogation.
Psychological issues arising after torture
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Anxiety and panic attacks
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Depression and loss of interest, loss of libido
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Substance abuse
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Feelings of guilt, rage, anger, helplessness
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Bouts of crying
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Self harm
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Suicidal thoughts or attempts
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Loss of appetite
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Sleep disturbances
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Nightmares
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Fear of meeting people or going out
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Extreme fear for safety of family members
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Preoccupation with death
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Preoccupation with revenge
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Psychosomatic – pain in parts of the body which don’t have a medical diagnosis. It is important to distinguish between chronic pain arising out of the torture itself.
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Hallucinations
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Bed-wetting
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Dissociation or detachment
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Extreme religiousity
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Rejection of religion
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Adjustment issues
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Inability to concentrate
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Sweating
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Palpitations
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Compulsive behaviour
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Emotional blunting
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Unresponsive to activities around
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Hyperarousal
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Violence
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Flashbacks
Psychological effects of torture
Mental state exam
The mental state exam begins the moment the health professional meets the subject. The interviewer should make note of the person’s appearance (such as signs of malnutrition, lack of cleanliness), changes in motor activity during the interview, use of language, presence of eye contact, and the ability to relate to the interviewer.
Brief mental state assessment
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_ Appearance - self, clothing, marks
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_ Behaviour on observation (e.g. does s/he look perplexed)
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_ Look and smell for signs of alcohol, drugs, disease
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_ Assess speech - form, content, flow
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_ Mood, subjective as the patient defines, objective (affect) as the clinician observes
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_ Thought processes (delusions, obsessions, ideas of helplessness, morbid ruminations, etc)
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_ Perception, illusions and hallucinations (auditory, visual, olfactory and somatic)
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_ Cognitive function (i.e., orientation, time, place, person, short-term and long-term memory)
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_ Insight (how aware the patient is of his or her psychological problems)
The presence of police officers, soldiers, prison officers or other law enforcement officials in the examination room for whatever reason should be noted in the clinicians official medico-legal report. their presence may be grounds for disregarding a medico-legal report. Copies of all medico-legal reports should be retained by the examining clinician. Under no circumstances should a copy of the medico-legal report be transferred to law enforcement officials. At the time of detention, a thorough medical examination should be conducted. access to a lawyer should be provided at the time of clinical evaluation.
Interpretation of the relationship between the physical and psychological findings and reported torture (Istanbul Protocol)
These are some of the questions that can be looked into.
1. Are the psychological findings consistent with the alleged report of torture?
2. Are the psychological findings expected or typical reactions to extreme stress within the cultural and
social context of the individual?
3. Given the fluctuating course of trauma-related mental disorders over time, what is the timeframe in
relation to the torture events? Where in the course of recovery is the individual?
4. What are the co-existing stresses impinging on the individual (e.g. ongoing persecution, forced
migration, exile, loss of family and social role)? What impact do these issues have on the individual?
5. What physical conditions contribute to the clinical picture? Pay special attention to head injury
sustained during torture and/or detention.
6. Does the clinical picture suggest a false allegation of torture?
Psychological diagnoses
Anxiety and depression are common among survivors of torture and other ill-treatment. Drug and alcohol misuse are also seen more than in the general population, probably as a way of avoiding unpleasant feelings and memories. Questions must be asked about these symptoms.
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Anxiety and depression can recur and present with feelings of hopelessness or helplessness. There is a risk of having panic attacks, nightmares, reliving the trauma and fear of recurrence.
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Depression presents as sadness, difficulty concentrating, tiredness and lethargy, loss of libido, inability to enjoy things, insomnia and early wakening, changes in eating pattern, mainly loss of appetite but sometimes binge eating, apprehension and fear, feelings of hopelessness and guilt. When severe there may be a preoccupation with death, thoughts of suicide, and sometimes attempts at self-harm.
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Acute stress reactions and post-traumatic stress disorder (PTSD) are both seen in victims of torture. They arise as a consequence of an event that threatens death or serious injury of self or others, leading to a response of intense fear, helplessness, or horror. Both are characterised by a specific set of symptoms. While the acute stress reaction occurs immediately after a traumatic event, PTSD occurs after a few weeks.
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Survivors of torture often complain of pain in different parts of their body; sometimes the description of the pain changes. The pain can be described as more or less intense and its location can change over time. Often there is nothing to find on physical examination. These are somatic symptoms and can be direct physical consequences of being tortured, or may be purely psychological.
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Hallucinations, especially auditory hallucinations, are not uncommon, and are not necessarily symptoms of psychosis. They cannot always be differentiated from the re-experiencing phenomena of PTSD.
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Dissociation, the feeling of being detached from one’s self, is seen in victims of torture. It happens when a person lives through experiences that cannot become part of his/her memory (autobiographical memory) because of their intense character, as can happen during torture. There is a breakdown in the integration of consciousness, perception and behaviour. The person may feel as though he or she is observing him- or herself from outside.
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True psychosis may be identified, but before making the diagnosis, the symptoms must be evaluated in the individual’s cultural context. For example, the person may hold ideas of being possessed or other forms of magical thinking, which may be culturally appropriate. A further complicating factor, regardless of culture, is that individuals may describe intrusive memories in a way that might appear to be hallucinations.
Post-traumatic stress disorder (PTSD)
This is a delayed or protracted response to a stressful event or situation (of either brief or long duration) of an exceptionally threatening or catastrophic nature, which is likely to cause pervasive distress in almost anyone. Predisposing factors, such as personality traits (e.g. compulsive, aesthetic) or previous history of neurotic illness, may lower the threshold for the development of the syndrome or aggravate its course, but they are neither necessary nor sufficient to explain its occurrence.
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Typical features include episodes of repeated reliving of the trauma in intrusive memories (‘flashbacks’), dreams or nightmares, occurring against the persisting background of a sense of ‘numbness’ and emotional blunting, detachment from other people, unresponsiveness to surroundings, anhedonia, and avoidance of activities and situations reminiscent of the trauma.
There is usually a state of autonomic hyperarousal with hypervigilance, an enhanced startle reaction, and insomnia. Anxiety and depression are commonly associated with the above symptoms and signs, and suicidal ideation is not infrequent. The onset follows the trauma with a latency period that may range from a few weeks to months. The course is fluctuating but recovery can be expected in the majority of cases. In a small proportion of cases the condition may follow a chronic course over many years, with eventual transition to an enduring personality change.
Memory in the context of custodial torture
Self-reports of trauma and torture are often not believed or are felt to be distortions or exaggerations for secondary gain. Self-reported physical and psychological symptoms can also be construed as fabrications or exaggerations.
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However, there is evidence that cognitive disturbances can follow a range of types of trauma. Many torture survivors have been subjected to physical injury to the brain from blows to the head, suffocation (including near- drowning), and starvation and other forms of prolonged nutritional deficiencies. These may lead to persistent cognitive impairment. Additionally, depression and PTSD affect cognition.
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Memory impairment as a result of these factors may affect the accuracy of the details an individual is asked to provide about his/her torture. The inability consistently to reproduce detailed and precise recollections about times, places and incidents can reflect negatively on the individual’s credibility. However, most of these factors are sufficiently well researched to allow the reasons for such discrepancies to be understood if they are explained properly to a court. It is the proper function of an expert witness to assist the court by reference to relevant research and other material within his or her field of expertise.
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Lapses in memory
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Memory loss or variation in history can happen due to misinterpretation of events, waning of memory of events over time, giving importance to some events over others and therefore forgetting details of one while remembering another. there can be a feeling that the doctor wants to hear certain things, then this becomes the focus.
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Any head injury can lead to loss of episodic memory (memory of events or incidents from a person's past), even if there is no loss of consciousness. There will be a degree of retrograde amnesia (loss of memory for events immediately prior to the trauma) because the information stored in the short-term memory is not transferred into one of the permanent memory stores. There will then be some further prospective memory loss (loss of memory of the period immediately after the trauma) until the memory processes are functioning normally again. The period of memory loss is longer than the period of unconsciousness, and classically there are islands of memory from periods when the individual is more alert.
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Some survivors of torture experience episodes on which they appear withdrawn and unresponsive for a short time, and when they return to normal they have no memory of the episode. One possible diagnosis is complex partial seizures, but there are several possible alternative psychological causes (although they could co-exist with epilepsy). One of these causes is panic attacks, although these generally last longer than a couple of minutes, and the sufferer is usually aware that he or she has not lost consciousness. Complex partial seizures (also known as temporal lobe epilepsy, TLE) have been misdiagnosed as panic attacks, and vice-versa. Brain tumours can mimic both syndromes. Also psychiatric problems such as depression and PTSD can interfere with normal memory processes (see above).
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Absences associated with memory loss are also seen in dissociation states. These are psychological states which usually start during severe stress (perhaps as a psychological protection mechanism), and recur with memories of the incident. Symptoms can be similar to those felt rarely in the aura of complex partial seizures, such as déjà-vu (the feeling of having experienced something before), mystical experiences, and awareness of the absence of thoughts. The main difference is that episodes of dissociation are much longer than those of complex partial seizures, lasting at least fifteen minutes, and normally for several hours.
Examination of men
As for women, the men’s genitals are best examined last. Broadly look for scars, injuries, redness, inflammation, tenderness, discharge. Examine the inside of the thigh for injuries similar to examination of women. The men need to be tested for sexually transmitted disease and offered preventive and treatment options similar to that for women.
The skin of the male genitals is tough and wounds are an indication that considerable force has been used. Wounds then heal with relatively small scars. It is therefore necessary to examine the area thoroughly if there is a history of injury, or if electricity has been applied through clips. As for women, the insides of the thighs may also have been injured.
Men who are sexually assaulted in detention may develop an erection and sometimes ejaculate. This is often quite distressing. It can be a physiological response to stimulation of the prostate following anal penetration, and/or a consequence of emotional arousal from anger, fear and pain. Survivors should be reassured that this can happen to any man irrespective of his sexual orientation.
As with sexual assault of women described above, male victims of sexual violence also need to be assessed for prophylaxis of sexually transmitted diseases, Hepatitis B and HIV.
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Torture of Children
The definition of a “child” in the UN Convention on the Rights of the Child states “For the purpose of the present Convention, a ‘child’ means every human being below the age of eighteen years, unless, under the law applicable to the child, majority is attained earlier.”
Children have the right to have their consent and confidentiality respected. Except in emergencies, they should not be given medical treatment without a parent or guardian present. Similarly, a detailed account of the cause of injuries should only be taken from a child in the presence of a parent or guardian or, if they are not available, someone else representing the child’s best interests.
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Older children may be tortured to suppress political activity. They should be treated in the same way as young adults, and the approach needs to be very sympathetic. Torture of younger children is generally performed to put pressure on parents. Where possible, the family should be treated together and the child’s injuries should be documented and managed by pediatric specialists.
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A child in particular needs to be in an environment in which he or she feels comfortable before being willing to disclose sensitive information. In discussing traumatic events, a child may prefer to draw a picture and then to explain it. Children’s attention spans can be quite short, so it may be necessary to break the interview frequently.
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Children may also be victims of rape and sexual assault. Even older children may be unaware of what happened to them, and may not be able to give a coherent account of their experience. Using drawings and, if available, dolls may help them explain where they do not have the necessary language or understanding. It is even more important that the examination is by someone who is experienced in this field.
Many cases of torture of children have been documented by human rights organisations, and it is feared that those cases form only the tip of the iceberg. Yet there is a general disbelief that torture can be perpetrated against children. Torture and sexual abuse of children is wide- spread, particularly in conflicts dominated by ethnicity. The girl child is doubly susceptible to violence, because of her gender and because of her age.
Children may be secondary torture victims because of the violence or torture perpetrated against one or more of their relatives. They may also be primary victims. Since there are many reports on how children have been subjected to the same torture methods as adults, it may be expected that they present similar physical symptoms as adults. Still, very little is known about the physical consequences of torture that are typical for children.
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Children should be examined in a way appropriate for their age. Nevertheless, the health professional should realize that for many of the world’s children, childhood ends long before they reach the age of eighteen, the age when according to most international standards they become adults. Their stories of the violence suffered by them should be respected and taken seriously. However, they may often prefer to stay silent, move away and hide and bury their experiences.
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Children may react to trauma with depression, sleep disturbances, nightmares, anxiety, fears, learning problems, post-traumatic stress disorder, enuresis, or less frequently encopresis etc. Regressive enuresis (occurs after children were previously dry) may be triggered by stressful events. Physical examination and urinalysis are indicated to exclude organic damages, but organic pathology may be found in only a very small number of cases. Possible differential diagnoses are urinary tract infections (especially girls) and diabetes mellitus. Encopresis is less common than enuresis. It is a problem that in most cases develops as a result of long-standing constipation. It may represent emotional problems. As in the case of enuresis, organic defects are rarely found, but should be excluded.
Torture of LGBTQI persons
“Lack of recognition of gender identity may….lead to violations of human rights in other contexts, including torture and ill-treatment in medical and detention settings, sexual violence and coerced medical procedures”
Victor Madrigal-Borloz, 2018
Persons from the lesbian, gay, bisexual, transgender, queer, intersex (LGBTQI) community can be arbitrarily arrested, detained and subject to systematic ill-treatment and torture and fellow inmates may be incited to abuse them and even gang rapes. They can be forced to perform sexual acts with other inmates.
They can be vulnerable to severe and repeated beating and sexual violence under the guise of forced anal examinations or virginity tests. They can also face verbal abuse, forced confession and denial of access to legal or medical care. This can be considerably worse where the community do not have legal rights. So even their existence can be treated as a crime and they can fall out of the social safety nets. Placing LGBTQI community in prisons of the gender not of the choice can be distressing. Sometimes in the absence of alternatives they can be placed in solitary confinement which can itself amount to torture.
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. “Virginity” tests and anal tests constitute cruel, degrading, and inhuman treatment that can rise to the level of torture and sexual assault under international human rights law. They violate medical ethics, are internationally discredited, and lack scientific validity to “prove” same-sex conduct or “virginity.” Some of the victims maybe denied access to hormonal treatment or completion of gender affirming surgeries.
Post surgical care may also be denied. The torture can be aggravated depending on a person’s class, caste or religion.
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Weekend arrests of LGBT persons for the sole purpose of extortion is common. This is also higher in countries were sex work or begging is considered illegal and social stigma and discrimination is a barrier to persons taking up other jobs.
When legislation criminalises same sex intimacy, LGBT people are threatened with criminal prosecution, even without real proof, and their sexuality or identity can be exposed to their community and family.Further, lesbian and gender non-conforming women have been subjected to “corrective” rape which has been described as a “hate crime in which an individual is raped because of their perceived sexual or gender orientation, with the intended consequence of the rape being to ‘correct’ the individual’s orientation or make them ‘act’ more like their gender.”
Torture of People with disabilities
People with disabilities can have unique and specific needs and these can be withdrawn as a torture method, causing physical or psychological damage. Humiliation is an intrinsic part of the process.
They can be subject to discrimination. Use of restraints, enforced administration of treatments, forced sterilisation, denial or erratic access to pain and other medication have been documented.
If people with disabilities need additional human support eg. to feed themselves, clean themselves, for ablutions, to turn around etc. this can be denied or delayed or offered in a humiliating manner or in a way that causes pain and discomfort.
Torture based on religious identity
If people in custody have certain beliefs, rituals, customs or practices these can be targeted. This includes preventing their method of praying, religous taunts, mocking gods/goddesses, forcing them to practice what goes against their religion or preventing them from practicing what is essential to their religion. People in custody can also be made to work more, tortured more, denied basic services and other forms of discrimination entirely because of their religious identity.
Caste based torture
In Indian prisons, apart from being more likely to be incarcerated, people from dalit or adivasi communities may face particularly harsh forms of torture from the police as well as other inmates. Caste based atrocities are likely to be committed on them. These brutalities happen even outside the prison setting and can be particularly violently implemented during custody.
Torture based on other identities
People who have been accused of what is seen as ‘heinous crimes’ may face additional torture. For eg if someone has been accused of pedophilia or killing a mother or a particularly gory homicide, they are seen as bigger criminals both by the police as well as other inmates. They are also likely to be treated more callously, denied healthcare and not offered any support following torture.
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People who are seen as enemies of the state or country can face extreme forms of torture. When people are labelled as ‘terrorist’ then even basic sympathy or concern for their human rights can be denied. Torturing these persons are seen as in the ‘national interest’, ‘extraordinary circumstance’ etc.
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Journalists or human rights activists especially who have challenged the government can be more vulnerable to torture either to take back or withdraw their allegations or as a way of suppressing their voices. People who had been protesting, who had threatened or attacked police or police property (eg vandalising a police station or vehicle) can be brutally targeted.
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Refugees and migrant workers have been known to be picked up by the police routinely and become easy targets to blame for petty crimes especially when there is media pressure to find the ‘accused’ in a crime.
Torture or threats of torture can be used to force people to accept crimes and thus ensure the crime is ‘solved’
When there are larger situations of political unstability, unrest, dictatorial state/union governments, lack of documentation etc. impunity by the police can increase. For eg. during the pandemic and lockdown, police were given unregulated powers to arrest people who violated arbitrary rules. These situations give rise to feeling of impunity and the system is too strained with the issue at hand to follow due diligence on rights of people in custody. Basically there is a suspension of normal rights and over-reach of authoritarianism.
Role of HCP and health system in preventing, identifying and managing torture in custody.
HCP also have a duty to not just perform clerical duties of unthinkingly documenting and treating isolated symptoms.
For instance, if a patient with diabetes is found to have signs of kidney disease or uncontrollable sugar, it is also important to assess if medicines are available regularly and also being given at the right time rather than just increase the dosage.
Also if a patient has body lice and poor personal hygiene, part of the management should include recommendations to improve the overall sanitation of the prison. if a person(s) comes with multiple painful caries, then the recommendation should also include regular dental visits/checks as well as advice on offering better nutrition/oral hygiene facilities.
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The doctor should take informed consent before performing any personal examination or doing a procedure. If the person is of the opposite gender as the doctor, having a chaperone of the same gender as the person is good practice. If the person identifies as LGBTQI, then the doctor should give them a choice of doctor’s gender. If no other doctor is available, then a chaperone of the gender of persons choice should be present.
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Doctor should keep informed on what procedures, tests, investigations are out-dated or out-lawed. Examining a person to document if they are sexually active or not is not warranted. There is a thin line between being clinical, and being voyeristic/prejudiced/judgemental/moralistic. If a person has been raped and the doctor’s notes say ‘this person is habituated to sex’ it implies that a person who has had consensual intercourse cannot be sexually abused. These are pitfalls in clinical work that doctors should be wary of.
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Make sure the person is comfortable physically and psychologically as much as possible. If a person whose genital or perineal area has been injured is not able to sit during consultation, offer a painkiller and ask him or her to lie down if that is more comfortable. Similarly if a person is fearful or angry, the HCP needs to understand that this is not a reaction to him or her, but is an expected outcome of torture. Sometimes if a person is in acute health related distress, it is ok to take a quick history, treat and then take a more detailed history a little later and once the acute situation has been managed. HCP should also remember that some kinds of torture leaves little physical traces so symptomatic management is also equally important.
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Sometimes it is good to give the victim/survivor an idea of possible sequelae, long term effects, progression of the torture signs and symptoms. THis also includes advising them about the best treatment option or preventing the symptoms from worsening. This includes precautions the person must take. For eg. regarding driving or riding a vehicle, alcohol consumption, gait, sleep, scar formation etc.
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If there is some form of torture that the HCP is unable to recognise and manage, effort should be made to consult with someone who may have more experience or expertise either nationally or internationally.
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If the person is unable to communicate in the language of the doctor, there should be facility for a trained interpreter who is mandated to confidentiality.
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The HCP should not use this situation to judge a person or lecture them about what they are doing wrong or worse, how they are responsible for their own torture because of their behaviour/attitude/negligence/dishonesty etc. Nothing justifies torture and the HCP should not go along that path all even inadvertently.
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The HCP should look at non verbal cues from person and corroborate with clinical findings. A person who is jittery, easily scared, overwhelmed by authority, submissive sends the message to the HCP that all is not well in custody.
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The HCP should not make sweeping promises that cannot be fulfilled. Building a trusting relationship and rapport with the affected person can happen only the HCP is reliable, makes efforts to keep assurances and is honest and open. Building false rapport as a way to exploit, get a person to withdraw a statement against police brutality, to extract information that can be used against the person goes against medical ethics.
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If HCP is experiencing issues with his or her own mental health, there should be mechanisms to identify these and systems in place to address them. Poor mental health of the HCP can lead to inability to address the victim’s issues, react in inappropriate ways or violate medical ethics.
General guidelines to prevent HCP from participating in torture
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Doctors should be trained and supported to have independent clinical opinion as well as on the circumstances leading to the clinical condition and not based on duress by authority. Doctors' independence should be promoted by clinical or medical associations and bodies, by the judiciary, by civil society, media etc.
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Patient records should be kept confidential.
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Doctors should be identifiable by the patients and not treat those who are blindfolded etc.
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Interviews and examination should not happen in the presence of a 3rd party, especially if they have the power to influence what the person says.
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No drug or procedure should be prescribed by the doctor unless it has a clinical basis.
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As a policy, doctors should learn to ask for the cause or explanation for any injury and also correlate different injuries and illnesses.
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If doctors have reason to suspect torture, they should bring it to the notice of the authorities. If this is not an option, it can be shared with a national body. In the absence of a reliable support at the national level it can be brought to the attention of international bodies that monitor torture.
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National medical associations have a crucial role to ensure that no doctor feels that he or she is functioning unsupported in an ethical vacuum. Professional medical bodies should regularly put out statements that they oppose torture, mentioning what constitutes torture, ensure that medical education curriculum looks at these issues and has clear guidelines on what a doctor can or cannot do. They can also provide helplines for doctors and confidential counselling on what course of action they can take.
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Doctors who have participated in torture should be penalised and suspended to send a message to the medical fraternity that there is a zero tolerance to torture.
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Healthcare personnel can demand rehabilitation centers for torture victims in India that are free from police, judicial or political influence, well resourced, have well trained human resources, have good documentation facilities, are linked to trained healthcare facilities.
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Doctors who work with victims/or survivors of torture and those who work with prisons, the law, detention centres etc. should be regularly assessed for their own mental health, prejudices etc.
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Keep one copy of the patients with the HCP and give one copy to them. In the event that the victim dies or is further tortured or silenced in other ways, this documentation can come in handy.
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The first step n seeing a patient would be to offer medical care to the person and referral if required. If the HCP feels that the person can go back to further torture, then it is well within his or her right to ask for admission either in his or her hospital or at a referral hospital. This also gives the opportunity to get accurate history without the presence of the police. Immediate and long term need for counseling and psychological/psychiatric support can be a valid reason for admission and referral. That the person’s life is in danger is enough reason for a HCP to intervene as part of his or her professional duties and responsibilities.
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A detailed baseline medical examination of a person is important and this should be insisted. If a doctor is seeing a person for the first time after the torture, it should be a matter of routine to ask for baseline medical examination notes or reports. If this is not available or not done, it should be documented and can be a valuable evidence for the victim.
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Adequate documentation of history as well as the clinical findings. A copy to be maintained with the doctor and one copy for the person/family/lawyer. Photographs are important and HCP providers should be trained in basic visual documentation skill.
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Informing senior police officials or prison authorities
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Identify pattern of torture as well as document if similar clinical picture and history is being observed with more than one patient.
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Involve and inform other colleagues and hospital authorities.
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Ensure that there is documentation process that also includes torture even in a general hospital setting, especially if the person is brought by a police.
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Inform the local medical/nursing councils so that they can be part of the process either to be part of team that visits the prison/police station to offer their independent observation, or to issue statements to other HCP not to participate in torture, as well as what amounts to torture.
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Write to national and international human rights bodies either independently, or if concerned about safety, as part of an NGO that works on these issues, lawyers, doctors/nurses associations etc.
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If comfortable enough, give factual information about the issue to media. This should not put the person in prison or the HCP at aggravated risk. Anonymous tipping off can help some journalists do a more investigative enquiry with consent.
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If required to give evidence in a court of law, the HCP should view it as part of his or her patient responsibilities rather than a burden to be avoided. Involvement of HCP in challenging custodial torture will go a long way in holding the system accountable. It can also ensure reparation for victims/survivors of custodial torture
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Reach out to prison doctors to offer support and contacts with agencies or bodies that can challenge torture by police.
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The role of the HCP in identifying, preventing and managing torture should be essential part of medical/nursing curriculum. Trained HCP are more likely to pick up torture than those who have never heard of it.
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HCP and healthcare institutions should move beyond clinical care to also identify and fulfil their social responsibilities. Participating in training police and prison officials, monitoring visits, talking to people in custody as well as their family/lawyers can go a long way in challenging established ways of functioning of police. HCP should also participate in preparing updated police and prison manuals focusing in issues related to personal hygiene, nutrition (including their opinions on force feeding of people in custody who choose to fast), overcrowding, sanitation, water, ventilation, sunlight, pandemic response, treatment protocols etc.
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Publishing papers, case discussions, seminars, panel discussions, morbidity/mortality audits can create a culture of talking about torture without any exceptionality clauses. The idea that some people can be tortured is deeply ingrained in society and HCP. This has to be challenged by locating it in the framework of medical ethics and human rights.
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Any efforts to highlight custodial torture that involves naming individual victims can only be done with their consent and after having explained to them the possible consequences. The family and lawyer of the person in custody could also be consulted.
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The doctors notes and reports documenting history and clinical assessment of torture should not be handed over to the police. This is confidential to the person. The doctor owes confidentiality to the victim and this should be displayed prominently in the hospital/clinic.
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The interpretation of history and examination and a final opinion of the doctor can make or break a victims testimony. THe doctor should give opinion on whether findings are consistent with torture or unrelated. However this opinion should not come from ignorance, inability to put all the evidence together or under duress or fear of reprisal. If the doctor is unable to make a conclusion it would be good to ask for a second opinion rather than give a wrong opinion.
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The healthcare system should hold doctors who give false/incorrect/incomplete reports regarding torture which leads either to more torture or denial of justice to a person in custody, accountable.
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As part of medical/nursing curriculum and forensic training, there should be regular visits to different police stations and prisons to create a sense of responsibility among HCP to understand and also look out for torture in their regular clinical practice. This is also important when people who have been released from custody come to the HCP with acute or chronic torture related signs and symptoms.
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If a person has health related complications or disability following torture, the healthcare system should be able to demand an attender for the person if he ir she is admitted. Expecting or allowing prison officials or police to organise a carer or attender can be counter-productive to the care of the patient, especially if he is in psychological distress.
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In cases of conflict between the role of doctor as investigating officer (forensic doctor) and treating doctor or other ethical conflicts, there should be helplines of medical bodies that should be available that protect the doctor legally without violating medical ethics.
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In the event that a person who has been tortured dies or is brought dead or disappears, the HCP should have clear protocols on post mortem, who the reports/clinical notes should be shared with, issues of confidentiality etc.
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The medico-legal report should stand scrutiny for state, national or international legal procedures, for lobbying and advocacy, for research and for requesting protection.
Format for medical examination of prison inmates on admission issued by the National Human Rights Commission, May 2010
Case No.
Name
Age
Sex
Thumb Impression
Father’s/Husband’s name
Occupation
Date and time of admission in the prison
Identification marks
Previous history of illness
Are u suffering from any disease? If so, name the disease
Are you now taking medicines for the same?
Are you suffering from cough that has lasted for 3 weeks or more?
History of drug abuse if any
Any health information the person in custody may volunteer
Physical examination
Height in cm
Weight in kg
Last menstruation period
Pallor
Lymph node enlargement
Clubbing
Cyanosis
Icterus
Injury (if any)
Blood test for Hepatitis/STD including HIV (with informed consent whenver required by law)
Any other
Systemic examination
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Nervous system
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Cardio-vascular system
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Respiratory system
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Eye
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ENT
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Gastro-intestinal
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Teeth and gums
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Urinary system
The medical examination and investigations were conducted with the consent of the person in custody after explaining to him/her that it was necessary for diagnosis and treatment of the disease from which he/or she maybe suffering
Date of commencement of medical investigation
Date of completion of medical investigation
Signature of medical officer
Guidelines for clinical evaluation of torture and ill-treatment - Istanbul protocol
I. Case information
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The following guidelines are based on the Istanbul Protocol. They are not intended to be a fixed prescription, but should be applied taking into account the purpose of the evaluation and after an assessment of available resources. Evaluation of physical and psychological evidence of torture and ill‑treatment may be conducted by one or more clinicians, depending on their qualifications.
Date of exam: ....................................................... Case or report No.: .......................
Exam requested by (name/position): .....................................................................................
Subject’s ID No: .......................................................................................................
Duration of evaluation (hours/minutes): ............................................................................
Subject’s given name: ............................................................................................................
Subject’s family name: .................................................................................................................
Birth date: .................................... Birth place: ...........................................................................
Gender: Male Female Other
Reason for exam: .................................................................................................................
Clinician’s name: .................................................................................................................
Interpreter: Yes No Name..................................................................................................
Informed consent: Yes No If no informed consent, why?: ....................................................
Subject accompanied by (name/position):........................................................................
Persons present during exam (name/position):....................................................................
Subject restrained during exam: yes no If “yes”, how/why?..................................................
Clinical report transferred to (name/position/ID No.):..........................................................
Transfer date:............................................Transfer time:
Clinical evaluation/investigation conducted without restriction (for subjects in custody) yes no
Provide details of any restrictions: ...........................................................................................................................................
II. Clinician’s qualifications (for judicial testimony)
Clinical education and clinical training
Psychological/psychiatric training
Experience in documenting evidence of torture and ill‑treatment
Regional human rights expertise relevant to the investigation
Relevant publications, presentations and training courses
Curriculum vitae.
III. Statement regarding veracity of testimony (for judicial testimony)
For example: “I personally know the facts stated below, except those stated on information and belief, which I believe to be true. I would be prepared to testify to the above statements based on my personal knowledge and belief.”
IV. Background information
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General information (age, occupation, education, family composition etc.)
Past medical history
Review of prior clinical evaluations of torture or ill‑treatment
Psychosocial history pre-arrest.
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V. Allegations of torture or ill‑treatment
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1. Summary of detention and abuse
2. Circumstances of arrest and detention
3. Initial and subsequent places of detention (chronology, transportation and detention conditions)
4. Narrative account of ill‑treatment or torture (in each place of detention)
5. Review of torture methods.
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VI. Physical symptoms and disabilities
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Describe the development of acute and chronic symptoms and disabilities and the subsequent healing processes.
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1. Acute symptoms and disabilities
2. Chronic symptoms and disabilities
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VII. Physical examination
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1. General appearance
2. Skin
3. Face and head
4. Eyes, ears, nose and throat
5. Oral cavity and teeth
6. Chest and abdomen (including vital signs)
7. Genito-urinary system
8. Musculoskeletal system
9. Central and peripheral nervous system.
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VIII. Psychosocial history/examination
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1. Methods of assessment
2. Current psychological complaints
3. Post-torture history
4. Pre-torture history
5. Past psychological/psychiatric history
6. Substance use and abuse history
7. Mental status examination
8. Assessment of social functioning
9. Psychological testing
10. Neuropsychological testing
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IX. Photographs and body diagrams
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X. Diagnostic test results (see paras. 480–484 abovefor indications and limitations)
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XI. Consultations
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XII. Interpretation of findings
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1. Physical evidence
A. Correlate the degree of consistency between the history of acute and chronic physical symptoms and disabilities with allegations of abuse.
B. Correlate the degree of consistency between physical examination findings and allegations of abuse. (Note: the absence of physical findings does not exclude the possibility that torture or ill‑treatment was inflicted.)
C. Correlate the degree of consistency between examination findings of the individual with knowledge of torture methods and their common after-effects used in a particular region.
2. Psychological evidence
A. Correlate the degree of consistency between the psychological findings and the report of alleged torture.
B. Provide an assessment of whether the psychological findings are expected or typical reactions to extreme stress within the cultural and social context of the individual.
Indicate the status of the individual in the fluctuating course of trauma-related mental disorders over time, that is what is the time frame in relation to the torture events and where in the course of recovery is the individual?
D. Identify any coexisting stressors impinging on the individual (e.g. ongoing persecution, forced migration, exile, and loss of family or social role) and the impact that these may have on the individual.
E. Mention physical conditions that may contribute to the clinical picture, especially with regard to possible evidence of head injury sustained during torture or detention.
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XIII. Conclusions and recommendations
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1. Statement of opinion on the consistency between all sources of evidence cited above (physical and psychological findings, historical information, photographic findings, diagnostic test results, knowledge of regional practices of torture, consultation reports etc.) and allegations of torture or ill‑treatment.
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2. Reiterate the symptoms and disabilities from which the individual continues to suffer as a result of the alleged abuse.
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3. Provide any recommendations for further evaluation and care for the individual.
XIV. Statement of truthfulness (for judicial testimony)
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For example: “I declare under penalty of perjury, pursuant to the laws of [country], that the foregoing is true and correct and that this affidavit was executed on [date] at [city], [state or province].”
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XV. Statement of restrictions on the clinical evaluation/investigation (for subjects in custody)
For example: “The undersigned clinicians personally certify that they were allowed to work freely and independently and permitted to speak with and examine [the subject] in private, without any restriction or reservation, and without any form of coercion being used by the detaining authorities”; or “The undersigned clinician(s) had to carry out his/her/their evaluation with the following restrictions: ...........”
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XVI. Clinician’s signature, date and place
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XVII. Relevant annexes
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A copy of the clinician’s curriculum vitae, anatomical drawings for identification of torture and/or ill‑treatment, photographs, consultations and diagnostic test results, among others.
Anatomical drawings for the documentation of torture and ill-treatment
Reproduced from The Revised Istanbul Protocol (Annexe III-Pg 181) TO ADD
Glossary of Specialised Terms
Abdominal cavity: The cavity holds the digestive organs and the kidneys.
Abrasion: Superficial injury to the skin.
Algor mortis: The change in body temperature after death.
Ante mortem: Condition or injury that is observed in the body before death.
Anterior and Posterior: With respect to a body, anterior means the front of the body and posterior means the back of the body.
Aorta: Main artery that supplies oxygenated blood from the heart to the rest of the body.
Artefacts: Things which mimic injury or disease but are neither.
Asphyxia: Condition where there is lack of oxygen in the body which can lead to unconsciousness and death.
Auditory hallucinations; The experience of external sounds where there are no external stimuli
Autopsy: Post mortem examination of deceased to discover all injuries and disease to determine possible cause of death.
Axilla: Armpit
Bilateral: Both sides of the body.
Brachial plexus; The nerves running from the spine into the arm
Buccal cavity: The inside of the mouth.
Callus : An area of thickening of bone at the place of healing
Carotid arteries: These arteries located in the neck supply oxygenated blood to the neck, brain and face.
Cerebellum: Largest section of the hindbrain.
Cerebral oedema: Swelling of the brain
Cerebrum: Largest part of the brain which consists of two hemispheres.
Cervix: Found at the lower end of the uterus and above the vagina in females.
Clavicle: Also known as the collarbone, connects the arm to the body.
Clitoris: External genitalia found in females located in the vulva.
Cognitive impairment: Partial impairment of memory, thinking, perception or mood
Depigmentation: Complete loss of pigment from a patch of skin
Congenital: Since birth.
Contusion: Also known as bruise, injury that leads to blood vessels bursting underneath the skin.
Cranial cavity: The cavity contains the brain and fills up most of the upper part of the skull.
Cyanosis: Bluish coloration of skin due to deficiency of oxygen.
Cyst: Pocket of membranous tissue that is filled up with fluid, air or other substances.
Duodenum: First part of the small intestine.
Edema: Swelling which occurs due to buildup of fluid.
Entry and exit wounds: Wounds used to describe the trajectory of a projectile. Entry wounds refer to the wound through which a projectile such as a bullet entered the body while exit wounds refer to the wound through which it exited the body.
Epiglottis: A flap in the throat which prevents food and water from entering the windpipe.
Femoral artery: Main artery that supplies oxygenated blood to the thigh and leg.
Femur: Also known as the thigh bone is the longest and strongest bone in our body.
Fibula: Also known as the calf bone, is located on the lateral side of the tibia.
Fracture: Break of bone.
Haematuria: Blood in the urine
Hemorrhage: Discharge of blood from blood vessels.
Histology: Study of tissues.
Humerus: It is a long bone that connects the shoulder to the elbow.
Hymen: Thin layer of mucosal tissue that covers the external opening of the vagina.
Hyperpigmentation: Increase in pigmentation of a patch of skin Hypopigmentation: Partial loss of pigment from a patch of skin
Hypoxia: Lack of enough oxygen to the whole body or certain parts of the body.
Incised wound: Injury due to sharp edged object that divides everything in its path. Incised wounds are rather longer on the skin than deep into the tissue.
Intrusive memories: Involuntary, unpleasant and recurrent memories of an incident
Jugular vein: These veins located in the neck drain the deoxygenated blood from the neck, brain and face.
Labia majora: Outer lip of the vagina which is covered with pubic hair.
Labia minora: Inner lip of the vagina which lies inside the labia majora.
Laceration: Injury due to blunt force leading to tear or split in the skin.
Larynx: Structure made from cartilage, muscles and ligaments that guards the trachea as well as helps produce sound, also known as voice box.
Lesion: Damage to the tissue due to injury or disease.
Ligature: Objects used for tying something. Ligature marks refer to the injuries caused due to tying of a body part.
Livor mortis: Referred to as post mortem staining and is the bluish discolouration observed in the body after death. This is due to the pooling of the blood due to gravitational force. Also known as lividity or hypostasis.
Mandible: It is the lower jaw.
Medial and Lateral: The midline can be described as an imaginary line which divides the body into two equal halves. Medial means towards or closer to midline and lateral means away or farther from the midline.
Medical history: An individual’s personal account of a health problem
Medico-legal: Relating to that branch of medicine that assists the courts
Microbiology: The study of microscopic organisms such as bacteria and virus.
Neuropathy: Nerve damage
Oedematous: Swollen
Pallor mortis: Refers to the paleness which sets in the skin colour immediately after death due to the lack of circulation of blood in the body.
Patella: Also known as the kneecap, it protects the knee joint.
Pathognomonic: A pathological finding that has only one cause
Pelvic cavity: The cavity holds the reproductive organs as well as organs used for excretion.
Pelvic girdle: Also known as the pelvis, it connects the trunks to the leg and supports urinary bladder, intestines and internal sex organs.
Perianal: Around the anus
Perineum: Area between the vaginal opening and the anus.
Petechiae: Clusters of very small bruises
Prone: A body is said to be in a prone position when it is lying face down.
Psychosomatic symptoms: Apparently physical symptoms that have a psychological cause
Retinal haemorrhage : Bleeding into the back of the eye
Pulmonary congestion: Accumulation of fluid in the lungs.
Puncture: Wound made by a pointed object.
Putrefaction: Process of decay and tissue loss after death.
Radiology: Branch of medicine that uses medical imaging to study and diagnose conditions within the body.
Radius: One of the two bones found in the forearm.
Rectum: Portion of the large intestine that terminates into the anus.
Rigor mortis: The stiffening of the muscles after death which is also referred to as post mortem rigidity.
Scapula: Also known as the shoulder blade, it connects the upper arm to the collar bone.
Sequelae: The consequences of a medical problem
Serology: Study of body fluids.
Singeing: Burnt hair, usually found around entry wounds in case of a firearm injury.
Sternum: Also known as the breastbone, it connects the ribs to form the rib cage, which helps protect lungs and heart.
Striae distensae: Stretch marks of the skin
Subdural bleeding: Bleeding between certain layers of fibrous tissue covering the brain
Subdural hematoma: Pooling of blood between the brain and its outermost covering.
Superior vena cava: Large vein that drains the deoxygenated blood into the heart.
Supine: A body is said to be in a supine position when it is lying face up and on the back.
Tattooing: When partial or unburnt particles of gunpowder are embedded onto the skin around an entry wound in case of a firearm injury. Presence of this is usually indicative of intermediate range of fire.
Thoracic cavity: It is also known as the chest cavity and holds the lungs and the heart.
Tibia: Also known as the shin bone, it connects the knee joint to the ankle joint.
Toxicology: Examination of toxic substances including their detection and quantification.
Trachea: Also known as the windpipe, it transports air to the lungs
Ulna: One of the two bones found in the forearm.
Urethral meatus: The aperture at the end of the penis through which urine is voided
Vagina: The muscular canal that connects the uterus to the external female genitalia.
Vectors of Disease: Agents that can transmit infections
Viscera: Internal organs of the body, specifically those within the chest and abdomen.
Vitreous Humor: Colourless fluid in the eye which may be used to estimate time since death.
Vulva: External female genitalia that consists of labia majora, labia minora, clitoris and hymen.
References
Different types of torture can lead to different clinical features which can vary with duration, frequency, intensity, underlying medical conditions etc. With each sign or symptom, the H
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