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.
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.
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.
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