The importance of Medicine in the investigation, documentation and prevention of torture and other cruel, inhuman or degrading treatment

• Autor(a) principal: Pereira, Sara Almeida Lacerda
• Data de Publicação: 2015
• Tipo de documento: Dissertação
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10400.6/5192
• topic: Documentation; Istanbul Protocol; Medico-Legal Report; Prevention; Torture; Domínio/Área Científica::Ciências Médicas::Ciências da Saúde::Medicina

Torture is a relevant issue in human interactions for its pervasiveness, gravity and tremendous consequences. Unfortunately is still remains a reality in many countries of the world. This presentation aims approach to the concept of torture and the situation of torture in Portugal and worldwide; analyze international laws and ethical principles on documentation and investigation of torture; and address the contribution and importance of clinical forensic medical examination in these situations, how it best can be carried out and what kind of results may provide. There is no consensus about how to define torture but the most cited definitions in literature are those put forward by the World Medical Association and the United Nations. Both of these definitions include severe physical and psychological forms of suffering and require coercive intent by perpetrators with the consent or acquiescence of state authorities. The prohibition of Torture is absolute and applies to all times and in all circumstances. This prohibition is present in several international treaties and agreements. In 1984 the United Nations adopted the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment highlighting the particular attention given to this absolute prohibition, creating a legally-binding document and providing additional rules to assist in prevention and investigation of allege cases of torture. Nevertheless, between January 2009 and May 2013, Amnesty International received reports of torture and other ill-treatment committed by state officials in 141 countries, and from every world region. This only indicates cases reported to or known by the organization and does not necessarily reflect the full extent of torture worldwide. Besides forbidding it, International law also obliges states to investigate allegations of torture and to punish those responsible. It also requires that victims are able to obtain reparation. One of the major challenges in accomplishing this is to obtain sufficient evidence in cases against perpetrators. If there is no proof that torture took place, a climate of impunity can come to exist and the practice will endure. Medico-legal reports are a way of gathering evidence of torture. Even in countries where a fair trial is rare, medico-legal documentation strengthens the victims’ position since it becomes more difficult to disregard the complaint. The area of application of the medico-legal reports is not restricted to medico-legal investigation. It can be broadened to the investigation and documentation of other violations of human rights in national and international legal proceedings, and monitoring such as cases of asylum seekers, cases of forced confessions through torture, identification of therapeutic needs of victims and the need for reparation and redress by the state. There are also a role for it in activities like research, advocacy and lobbying. Therefore, participation and support of health professionals are of crucial importance for the abolition of torture and other forms of ill-treatment. Ensuring that doctors are aware of how to perform a medico-legal report and how to use it in legal proceedings is a needed step forward in the prevention of torture. Because a large of the large number and the severe suffering of many survivors, the question of torture should become a part of health care curricula.