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Doctors Urged to Document Cases of Torture
New guidance to doctors to become much more actively involved
in documenting cases of torture they come across, have been approved
by the World Medical Association. At its annual General Assembly
in Copenhagen which ended at the weekend, the WMA decided that
physicians had an obligation to document cases of torture in a
professional way when examining victims of torture and consulting
their medical files. Based on the guidance given in the Istanbul
Protocol for medical and legal experts on how to determine whether
or not a person has been tortured, this documentation could then
be used for submission to judicial and administrative bodies.
Amending its advice issued four years ago, the WMA said that
the absence of documenting and denouncing such acts might be considered
as a form of tolerance and of non-assistance to the victims.
Dr Jon Snaedal, President of the WMA, said: 'Doctors are in a
key position to witness and report acts of torture, and by documenting
and providing information about what they see, they can become
a powerful voice in helping the struggle against torture.
'This is the first time the WMA has explicitly obliged doctors
to document cases of torture of which they become aware. By doing
so we hope that doctors around the world will put pressure on
those who perpetrate such acts to stop such degrading treatment'.
Brita Sydhoff, Secretary General of the International Rehabilitation
Council for Torture Victims, told the meeting: 'Doctors, with
their specific expertise and direct access to victims, play a
crucial role in establishing the evidence needed to prove that
torture has occurred. Many practitioners are unaware of how to
recognise symptoms of torture - and of their responsibility to
report their findings. A particular challenge in documenting torture
is that torture methods are often designed to induce maximum impact
while leaving minimum detectable signs.
'Add to this that victims are often detained until their physical
injuries have healed, and it becomes clear that documenting consequences
of torture is no easy task.
'I have no doubt that the proposed changes to the WMA guidance
today will help strengthen the fight against impunity for perpetrators
of torture. By adopting these changes, the WMA will significantly
bolster the crucial role
that medical doctors can play in the fight against torture.'
The amended guidance urges national medical associations to promote
the training of physicians on the identification of different
modes of torture and in recognising the physical and psychological
symptoms following specific forms of torture. However physicians
should observe informed consent and avoided putting individuals
in danger while documenting signs of torture and ill-treatment.
The WMA's guidance is in line with the Istanbul Protocol which
states: 'In some cases, two ethical obligations are in conflict.
International codes and ethical principles require the reporting
of information concerning torture or maltreatment to a responsible
body. In some jurisdictions, this is also a legal requirement.
In some cases, however, patients may refuse to give consent to
being examined for such purposes or to having the information
gained from examination disclosed to others. They may be fearful
of the risks of reprisals for themselves or their families. In
such situations, health professionals have dual responsibilities:
to the patient and to society at large, which has an interest
in ensuring that justice is done and perpetrators of abuse are
brought to justice. The fundamental principle of avoiding harm
must feature prominently in consideration of such dilemmas.
Health professionals should seek solutions that promote justice
without breaking the individual's right to confidentiality. Advice
should be sought from reliable agencies; in some cases this may
be the national medical association or non-governmental agencies.
Alternatively, with supportive encouragement, some reluctant patients
may agree to disclosure within agreed parameters.'
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