Handbook links...	website home page
	Table of Contents - Search - Part I: Preliminary Matters - Part II: Documenting Allegations - Part III: Responding to the Information Collected - Appendices
	II. Documenting Allegations: section links...
	1. Introduction - 2. Basic Principles of Documentation - 3. Interviewing the Person Alleging Torture - 4. Information Which Should be Recorded - 5. Evidence - Summary of Part II

	On this page...
	5.1 Medical evidence - 5.2 Statement of person making allegation - 5.3 Witness evidence - 5.4 Other types of evidence

PART II - DOCUMENTING ALLEGATIONS

5. Evidence

Making a strong allegation is not just about presenting somebody's account of what happened to them. It is also about making others believe that the facts related are true. No matter how credible and trustworthy an individual may seem to you in the interview, it is important to collect as much supporting evidence as possible. There are several reasons for this:

• First, unless the victim gives evidence in a court room, others are unlikely to have an opportunity to observe his or her demeanour in the way that you have. This means that you must take steps yourself to convince them that the victim is sincere.

• Second, all of the procedures, both domestic and international, are very wary of false allegations, particularly in sensitive political contexts. The more evidence you can supply, the less doubts they will have about the truth of the allegation.

• Finally, the judicial and quasi judicial procedures cannot generally make a finding of guilt, whether it be of the state or of the individual perpetrator, on the basis of only an accusation. This means that the case is unlikely to be successful unless there is supporting evidence.

Evidence can take the shape of a medical report, a psychological evaluation, a victim statement, witness statements, other forms of third party evidence, such as the testimony of a medical or other expert, or objective evidence of a widespread occurrence of torture in the circumstances referred to. It is anything which can help to support and prove an allegation.

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5.1 Medical evidence

Technical procedures for medical personnel carrying out physical or psychological examinations on alleged victims of torture are described in a number of other specialised manuals and documents (see Appendix 2) and will not be addressed in this handbook. However, it is important for anyone wishing to report allegations of torture and other forms of ill-treatment to understand the role of medical evidence, the difficulties it raises and some very basic measures which may be taken to record such evidence in the absence of an opportunity to refer an alleged victim to a medical expert for examination.

Medical evidence is probably the most important type of evidence that you can obtain and can add strong support to witness testimony. It is rare for medical evidence to be conclusive (prove with certainty that torture occurred), because:

• Many forms of torture leave very few traces, and even fewer leave long-term physical signs that they ever occurred
• It is often possible for injuries or marks which are alleged to have resulted from torture to be the product of other causes

What medical evidence can do is demonstrate that injuries or behaviour patterns recorded in the alleged victim are consistent with (could have been caused by) the torture described. Where there is a combination of physical and psychological evidence consistent with an allegation, this will strengthen the overall value of the medical evidence.

Both physical and psychological examinations will need to be carried out by specialised medical personnel, not only because of the technical knowledge required, but also because if the reports are to be of use in court, it will be necessary to establish that they have been drawn up and interpreted by qualified professionals. However, this does not mean that you should not record any physical marks or noticeable behaviour observed during the interview - on the contrary, these can be extremely useful, particularly where it is not possible to carry out a medical examination immediately. Careful questioning of the interviewee and recording details of the way he or she was treated is at least as valuable as recording the physical and psychological effects, and talking to a witness such as a spouse can greatly assist by finding out how the victim appeared after the torture and noting any change in his or her demeanour or behaviour

When obtaining medical evidence, it is important to be aware of the difference between therapeutic (treating a patient's symptoms) and forensic (legal) medicine. The objective of forensic medicine is to establish the causes and origins of injuries, and is a specialised field. In many countries, both therapeutic and forensic functions are carried out by the same health professionals, but where possible, you should seek the assistance of someone who has forensic skills and understands the distinction between the two forms of medicine.

5.1.1 Physical evidence

If a doctor is not immediately available it is well worth recording visual evidence of abuse, but only after the consent of the individual is obtained, having made it clear the you are not a doctor and that you may not be able to obtain or influence any immediate treatment. In a custodial setting any observations may have to be based on only a brief interview, but in a non-custodial situation the interviewee may be able to partially undress and move about, making possible more detailed observations.

External signs are more likely to be found within a few days of injury but should be looked for even in late cases. Record as much information as you can. Remember that the absence of any visible injury does not mean that no ill-treatment has taken place.

As a guide, the following should be noted:

• Any obvious injury such as swelling, bruises, cuts, grazes or burns.
• Any difficulty in movement of the body such as walking, climbing stairs, sitting or standing up for long periods, bending down, or raising the arms.
• Any deformity of shape or posture of the back or limbs.

How to record your findings:

• Note the SITE, SIZE, SHAPE, COLOUR and TYPE (cut, bruise, burn etc.) of any injury.
• Use a ruler if possible, but otherwise make an estimate of size by comparison with a common object (but avoid using objects of variable size, such as an orange).
• If there are numerous injuries, indicate them on a body diagram (See Appendix 4).
• Photographs, even amateur ones, can be useful for experts to examine later. Ideally they should include one picture that makes the general location of the injuries clear and a closer picture of each individual site. These should include an indicator of size, preferably a ruler, but even a common object such as a matchbox will serve. An indication of the date is valuable. If available, a professional photographer can be brought in later.
• Describe appearances as accurately and in as much detail as possible, e.g. "A purple raised circular bruise 4cm in diameter on the outer aspect (outside) of the right arm 10cm above the elbow".
• Get the interviewee to demonstrate abnormality of movement or posture.
• Ask about the course of symptoms since the incident. An answer might be: "A week ago I couldn't lift my arms to 90 degrees but now I can get them right up above my head. I still can't move my wrist fully and my hand is still numb". Such statements can be quoted word-for-word.

These guidelines can be adapted if you are required to examine a dead body. In such cases, you should also keep a record of the conditions in which the body was found (e.g. where it was situated, the kind of surface it was lying on, if the weather was very hot or very cold, if the weather or the location was particularly damp) as this can help a forensic expert to decide if they may have caused any marks on the body.

5.1.2 Psychological evidence

Even severe torture, expertly delivered, may leave no physical mark yet leave profound psychological effects. This is especially true if the victim has suffered deliberate psychological torture such as being held in continuous isolation, suffered religious or sexual humiliation or been threatened with death or with harm to the family. Though a psychological assessment of an individual can be made only by an expert, simple observations by a lay person (non-professional) of the individual's demeanour or behaviour, together with any subjective comments they may make about themselves (e.g. description of a nightmare, suicidal thoughts) should be noted, to be interpreted by an expert at a later date.

• The following signs may be noticeable or recounted by the interviewee. Though they are indicators of stress, they are mainly not specific for torture, though the subject of dreams or flashbacks may indicate their source. Thoughts of the traumatic events persistently return, e.g. by recurrent and intrusive distressing recollections of the events, recurrent distressing dreams of the events, sudden acting or feeling as if the traumatic events were recurring (flashbacks).
• Intense distress when exposed to events that symbolise or resemble aspects of the torture, shown by persistent avoidance of stimuli associated with the trauma, or general emotional numbing.
• Symptoms of increased arousal such as difficulty in falling asleep, irritability or outbursts of anger and difficulty in concentration. The interviewer may notice restlessness, agitation or an exaggerated startle response.

As most psychological symptoms are subjective, it is very helpful to obtain corroborative evidence from family or friends, such as: "He wakes up screaming and sweating at night, with nightmares in which he is being tortured" or "He loses his temper easily. Before his arrest he was easy-going and placid" or "She always avoids going past the place she was arrested".

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5.2 Statement of person making allegation

A written statement describing the events and signed by the victim or other person making the allegation should be prepared wherever possible in a non-detention context. It will not be essential in all circumstances, but helps in all proceedings to reinforce the credibility of the allegation. In addition, the absence of such a written statement will affect the avenues available to you, and may prevent the initiation of court proceedings.

The statement should describe in detail the incident(s) of torture and of the events leading up to and subsequent to it or them. There is no particular format for such a statement, but it should be as informative as possible. The kinds of details which should ideally be included are those described in Part II, Chapter 4.

Such a statement does not need to be physically written by the person from whom the statement is being taken - it can also be written, or preferably typed up, by the interviewer, then read over by or, where the person is illiterate, read out to the person, who should then approve it. It must, however, be signed or thumb-printed. If the statement is to be used in judicial proceedings, it should be signed and dated not only by the person making the statement, but also by the person taking the statement and, where possible, a second witness.

Organisations often record such statements by asking the individual making the allegation to fill out a standard questionnaire setting out the information required.

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5.3 Witness evidence

Because torture often occurs in private, it can be difficult to find witnesses to the incident of torture itself. Where there were witnesses, they may be reluctant to speak about what they saw in case there are repercussions for them, or because the experience was simply too traumatic. However, where witnesses exist and are willing to give a statement of what they saw, this can add very much to the credibility of the allegation, as well as provide new details that the victim himself or person making the allegation might not be able to give. It can help to reconstruct the chronology of events and set them in context. The purpose of witness statements is to help to understand exactly what took place, and should therefore be as detailed as possible.

Useful witnesses are not only those who witnessed the actual incident of torture.

• Those who were present at the time that the victim was taken into custody can give very valuable information about the identity of the perpetrator, the way in which the victim was treated while he or she was being taken away, and the condition of the person at the time of being taken into custody. This can be particularly important where the victim has died, but the body shows signs of torture and the state is arguing that he or she was never taken into custody or that the injuries were not inflicted by officials.
• If an individual knew that the victim had been receiving threatening phone calls or messages prior to being taken into custody, this could be reported.
• Co-detainees can confirm that the victim was taken away for interrogation and describe his or her condition both prior and subsequent to being taken away, or that he or she was never returned. They can give evidence of sounds they heard, such as screams or shouting, or of bloodstains or torture implements they might have seen. They can give accounts of their own torture or that of other individuals they might have witnessed which would help to establish that torture occurs in the establishment in question, or that a particular police officer or prison warden has previously engaged in torture. This can help to establish patterns, e.g. The police at station X always take the victim to office Y on the Zth floor or prison guards always come after the day shift leaves and they take the victim to a particular location in the prison where ill-treatment is known to occur.
• A doctor who examined a detainee shortly after an incident may also be able to give crucial evidence.

The best way to identify possible witnesses is to work through the chronology of what happened with the victim, asking at each stage if anyone was present: at the time of taking into custody; at the time of arrival at the relevant institution or location where they were held; if they shared a cell or if there was anyone in adjacent cells; if anyone saw them being taken away to be tortured, or witnessed the incident itself, or saw the resulting injuries or unconsciousness; if anyone shared similar experiences with them. Where the victim is not the person making the allegation because he or she is dead, disappeared or still in detention, the next-of-kin, neighbours or members of the local community may still be able to suggest possible witnesses, or may themselves be able to provide useful information.

Don't forget that the same principles of informed consent (see Part I, Chapter 2.3) apply to witnesses as to victims. This applies particularly where you are taking a written statement. In the case of an informal discussion with a possible witness which you do not intend to cite, it may not be necessary to go into detail, and will depend on the circumstances. Remember never to name an individual without his or her consent, however.

As with statements taken from the person alleging torture, written witness statements should be signed and dated by both the witness and the person taking the statement.

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5.4 Other types of evidence

There is no prescribed list of other types of supporting evidence. The type of evidence you may wish to use will depend very much on the allegation you are trying to prove and will need to be identified on a case by case basis. You should try to identify, on the one hand, evidence which supports the specific case, and on the other, objective evidence which helps to show how the allegation fits into the overall picture. It pays to be creative and the possibilities are vast. Examples of other types of evidence include:

• Media reports: Such evidence should be used with some caution, and would generally be insufficient to initiate a complaint, but it can be very useful to provide independent evidence that an incident took place or to provide an indication of the general situation.

• Expert reports: These could be specially commissioned medical or forensic reports, ballistics reports, or any other form of expert testimony or research.

• Official reports and statements: The findings of reports produced by special domestic inquiries or visits from international bodies, e.g. a UN Special Rapporteur, or a CPT delegation, can be referred to in order to provide a more official source of information. Resolutions adopted by international bodies expressing concern about the situation in a country can also be used, e.g. resolutions of the UN Commission on Human Rights, the OAS General Assembly or the European Parliament. For deportation cases, the UN High Commissioner for Refugees can provide valuable information. The United States State Department also produces annual reports on the human rights situation throughout the world.

• Any evidence of a practice of torture in the country or region in question: Such material adds credibility to the allegation, as it shows that there are precedents for the kind of behaviour complained of. It is of particular relevance in cases where the objective is to stop deportation of an individual to a country where he or she is at risk of torture - while the individual must be in a position to show that he or she is personally at risk, this will be made easier if it can be shown that torture is a common occurrence in the country in question.

• Specific research: If you want to demonstrate a particular point, patterns could also be identified by specific research of your own. For example, you could try to show that there is official tolerance of torture by collecting a significant number of cases in which no prosecution has been opened or where perpetrators have not been found guilty in spite of strong evidence; or a medical expert might be found who would be willing to give evidence that he or she has come across many torture-related injuries in the region.

Copies of domestic decisions: If you want to bring a case before one of the international complaint procedures (see Part III, Chapter 3), you will need to show that the victim was not able to obtain a remedy at the domestic level. In order to do this, you will need to provide copies of any domestic decisions, whether judicial or administrative, taken in the case. This would include any decisions not to prosecute or not to open an investigation, and copies of any petitions made by the victim or victim's family, as well as any court decisions taken.

	On this page...	top of page
	5.1 Medical evidence - 5.2 Statement of person making allegation - 5.3 Witness evidence - 5.4 Other types of evidence

	II. Documenting Allegations: section links...
	1. Introduction - 2. Basic Principles of Documentation - 3. Interviewing the Person Alleging Torture - 4. Information Which Should be Recorded - 5. Evidence - Summary of Part II
	Handbook links...	website home page
	Table of Contents - Search - Part I: Preliminary Matters - Part II: Documenting Allegations - Part III: Responding to the Information Collected - Appendices