EMN inform on identifying victims of torture in the context of international and temporary protection

The EMN inform “Practices and challenges in identifying victims of torture and/or ill-treatment in the context of international and temporary protection” has been produced in collaboration with the Red Cross EU Office and the Swedish Red Cross. The report compares processes, protective measures and guidelines regarding requests for documentation in torture injury assessments within the framework of international and temporary protection. It also highlights challenges and good practices, with a particular focus on Sweden’s adapted guidance in this area.

Background

The inform aims to provide an overview of guidance and training initiatives designed to detect and identify victims of torture and inhuman treatment at an early stage. The report contains contributions from 27 EMN Member and Observer Countries. It highlights methods for identifying victims of torture among those covered by temporary protection, to access healthcare in accordance with the Temporary Protection Directive.

Under international human rights law and regulations, the prohibition of torture is a non-derogable right (that is, a right from which no exceptions may be made). However, the extent to which victims of torture are identified within the context of international protection varies between countries. In most EMN Member and Observer Countries, case officers request a medical examination for torture injuries, while other procedures may differ depending on guidance and criteria. Some countries have a list of medical experts with specific skills in conducting assessments and/or specific guidelines for healthcare staff with relevant specialist knowledge.

Identifying victims of torture among those under temporary protection is difficult. Positive developments show that protocols have been introduced in several EMN Countries, treatment centres have opened and awareness-raising initiatives have been conducted with the aim of encouraging applicants to submit a report.

Challenges and good practices in the context of international protection

Both challenges and good practices vary across EMN Member and Observer Countries. Among the challenges listed are limited access to data, victims’ reluctance to report due to fear, shame or mental health issues, a shortage of specialist psychotherapists, mistrust of authorities, as well as linguistic and cultural barriers.

Best practices are often described as continuing to encourage strong cooperation, involving multiple stakeholders early in the process (e.g. reception centres), applying interdisciplinary approaches and promoting flexible processes and the exchange of information between the asylum authorities responsible.

Research and data

Despite insufficient data, it is estimated that among applicants for international protection, some 400 000 victims of torture were living in the EU in 2010. According to the same report External link, opens in new window., an estimated 30–60% of asylum seekers seeking medical care were survivors of torture. Research shows that these individuals often suffer from mental health conditions such as post-traumatic stress disorder (PTSD), anxiety, suicidal thoughts and depression. The report therefore concludes that access to healthcare and reliable documentation during torture injury assessments are crucial to applications for international protection.

Experiences from Sweden: More tailored guidance

The Swedish Red Cross runs treatment centres for people suffering from trauma, torture and/or inhuman treatment. At these clinics, torture injury assessments are also conducted in accordance with the Istanbul Protocol.

Sweden and countries such as France, Ireland, Italy and Norway offer more tailored guidance. In particular, the asylum authorities responsible in Sweden and Norway have access to guidance documents containing advice on health-related issues.

The Swedish, Norwegian and Danish Red Cross organisations reported jointly on challenges.

Among those that stand out are:

1. difficulties in obtaining medical certificates due to long waiting times for healthcare
2. access to medical certificates as a prerequisite for conducting torture injury assessments
3. time constraints and interview methodology during the asylum process
4. a lack of a holistic approach, as well as insufficient specialised treatment and rehabilitation for torture victims.

Among the positive examples highlighted is the collaboration between the Swedish and Italian Red Cross organisations, and a memorandum of understanding between the Swedish Red Cross and the Swedish Migration Agency to continue developing guidance and documentation for torture injury assessments. A collaborative project between the Swedish Red Cross and Region Skåne – "Documen­tation, identification, and knowledge about torture" (in Swedish "Dokumentation, identifiering och kunskap om tortyr, DIKT") – is highlighted. Furthermore, efforts are in progress involving European and national actors to identify victims of torture at an early stage.