header-logo header-logo

20 October 2015 / Rosalyn Akar Grams
Issue: 7673 / Categories: Opinion
printer mail-detail

Proving torture

Rosalyn Akar Grams reflects on the ever-rising bar for medical evidence in asylum claims

The 1999 Istanbul Protocol (IP) was the culmination of three years work involving over 75 forensic doctors, psychologists, human rights monitors and lawyers, representing 40 organisations (including Freedom from Torture, then The Medical Foundation for the Care of Victims of Torture) and institutions from 15 states.

The IP is a rigorous international guideline, endorsed by the UN, for the effective investigation and documentation of torture. It underpins the clinical objectivity and probative value of medical evidence. Its applicability is broad including international justice and civil claims for survivors of torture.

Domestic context

However, in the domestic context its use has been focused on asylum claims where it is applied by decision-makers when assessing medical evidence. Its valuable role has been confirmed in a number of cases (SA Somalia v SSHD [2006] EWCA Civ 1302, [2006] All ER (D) 103 (Oct), JL (medical reports—credibility) China [2013] UKUT 00145 (IAC)).

The collection of forensic evidence of torture and the production of medico-legal

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll