A/HRC/22/56
out and the same number reported being forced to witness violence or harm to others in
detention, including rape. Many cases (34%) described being exposed to the sounds of others
being tortured or in distress in detention. While many cases reported the use of threats as well
as torture to induce them to give information about others, in most cases they had no
information or refused to give it. Four people said that they were eventually forced to give
limited information about or name family members and associates.
68.
The most prevalent form of environmental torture was the use of solitary confinement
(68% of cases), in small cells, mostly throughout the entire detention. While the duration of
solitary confinement was between a week and a month in the majority of cases, some were
detained in this condition for several months and at least two cases for more than a year.
Twelve people reported that they were prevented from sleeping or that their sleep was
deliberately interrupted throughout the detention by guards banging on their cell doors,
dousing them in cold water or taking them for interrogation as soon as they fell asleep.
Others were kept awake by constant bright light in their cell.
Forensic evidence and psychological impact of torture
Forensic evidence of torture
69.
Forty-one of cases (82%) had forensic evidence of physical trauma documented in
their MLRs in the form of lesions (including scars) 2 arising from torture in detention in
2009-2011. MLRs for the other nine cases specifically focused on the psychological signs
and symptoms of torture and in four cases were prepared by the person’s treating clinician as
examination by an independent doctor was not deemed clinically appropriate. Chronic pain
symptoms, mostly attributed to blunt force, positional and sexual tortures, were also reported
in 48% of cases and nine cases documented fractures resulting from torture as described. Of
the 50 cases sampled 17 (34%) had up to five lesions attributed to torture, while 11 cases had
significantly more. Four people had a very large number of lesions (more than 20) or groups
of numerous individual lesions assessed together in relation to their consistency with
common attributed causes of torture. In all cases where a physical examination was
conducted and lesions as well as other signs and symptoms of physical trauma were
documented, those attributed to torture were clearly differentiated by clinicians and the
individuals themselves, from those with a non-torture attribution.
70.
The form of torture that produced the largest number of lesions overall was blunt force
trauma; more than 60% of cases had some or numerous lesions attributed to this cause.
Freedom from Torture clinicians, using Istanbul Protocol guidelines to describe the level of
consistency of the physical findings with the attributed cause of torture, found that in 26
cases there were lesions assessed to be ‘diagnostic’, ‘typical’ or ‘highly consistent’ of blunt
force trauma as described by the individual (with no other possible cause, few or a few other
possible causes). It should be noted that although used in all cases in this sample, blunt force
trauma very often does not produce enduring physical evidence, depending on factors
including the force of the blow, the part of the body hit, the length of time since infliction,
whether the skin was broken and the healing process. It is also routinely observed by
clinicians that while individual scars and groups of scars are assessed for their ‘level’ of
consistency with the attributed cause in line with the Istanbul Protocol, ‘...Ultimately, it is the
overall evaluation of all lesions and not the consistency of each lesion with a particular form
of torture that is important in assessing the torture story...”
71.
All seven cases that reported being burned had lesions assessed by the clinicians as
being ‘diagnostic’, ‘typical’ or ‘highly consistent’ of this form of torture. Similarly most of
the sharp force trauma scars were assessed as having this high level of consistency with the
ascribed cause of torture. Physical evidence assessed as ‘typical’ or ‘highly consistent’ of
positional torture was documented in seven cases and consisted of ligature or shackle scars
41
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