header-logo header-logo

Home Login E-newsletter About us
20 October 2015 / Rosalyn Akar Grams
Issue: 7673 / Categories: Opinion
printer mail-detail

Proving torture

© Copyright LexisNexis 2026. All Rights Reserved.

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

Read All
Sponsored by
Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
Read All
NLJ this week: Company conspiracy clarified
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
NLJ this week: Home is where intent lies
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
NLJ this week: Farewell to Chancery
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
NLJ this week: Silence carries a price
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
NLJ this week: Costs sting after a courtroom gamble
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
Copyright © 2026 LexisNexis
back-to-top-scroll