Professional Documents
Culture Documents
OF
CONTENTS
PREFACE
1
TORTURE
TORTURE
1.1
CENTRE
FOR
THE
STUDY
OF
VIOLENCE
AND
RECONCILIATION
(CSVR)
TRAUMA
AND
TRANSITION
PROGRAMME
(TTP)
STATUS
OF
PEOPLE
TORTURED
IN
THEIR
COUNTRY
OF
ORIGIN
2
EFFECTS
OF
TORTURE
2.1
COMMON
EFFECTS
OF
TORTURE
OTHER
PSYCHOLOGICAL
SYMPTOMS
2.2
EFFECTS
ON
FAMILIES
CHILDRENS
REACTIONS
3
WORKING
WITH
SURVIVORS
OF
TORTURE
TALKING
ABOUT
THE
TRAUMA
SECONDARY
TRAUMA
IN
THE
SERVICE
PROVIDER
WORKING
WITH
INTERPRETERS
THE
THERAPEUTIC
TRIANGLE
SKILLS
FOR
PROVIDERS
SKILLS
FOR
INTERPRETERS
WORKING
WITH
SURVIVORS
OF
TORTURE:
PSYCHO-SOCIAL,
LEGAL,
MEDICAL
AND
HUMANITARIAN
&
ECONOMIC
4
WORKING
WITH
VICTIMS
OF
TORTURE:
A
GUIDE
FOR
MENTAL
HEALTH
WORKERS
4.1
INTRODUCTION
GUIDELINES
FOR
ADAPTING
SERVICES
4.1.1
ROLES
AND
RESPONSIBILITIES
OF
CLIENT
AND
SERVICE
PROVIDER
4.2
HEALING
4.2.1
STAGES
OF
RECOVERY
4.2.2
FAMILIAR
STRATEGIES
USED
BY
MENTAL
HEALTH
WORKERS
TO
HELP
TORTURE
SURVIVORS
5
SOME
RESOURCES
FOR
MENTAL
HEALTH
PROFESSIONALS
WORKING
WITH
VICTIMS
OF
TORTURE
6
WORKING
WITH
VICTIMS
OF
TORTURE:
A
GUIDE
FOR
MEDICAL
PROFESSIONALS
6.1
6.2
6.3
6.4
6.5
INTRODUCTION
EVIDENCE
OF
TORTURE
MEDICAL
HISTORY
PHYSICAL
EXAMINATION
MEDICAL
REPORT
3
4
4
5
5
6
7
7
8
8
9
9
9
10
10
10
11
11
11
12
12
12
12
13
13
13
16 19 19 19 20 20 21 1
6.6 ETHICAL ISSUES 6.7 RIGHTS TO MEDICAL TREATMENT OF PEOPLE IN CUSTODY IN SOUTH AFRICA 7 SOME RESOURCES FOR MEDICAL PROFESSIONALS WORKING WITH VICTIMS OF TORTURE 8 WORKING WITH VICTIMS OF TORTURE: A GUIDE FOR CARERS IN THE CONTEXT OF HUMANITARIAN ASSISTANCE 8.1 INTRODUCTION 8.2 SKILLS OF CARERS 8.3 PRACTICE OF CARERS SOME QUESTIONS FOR CARERS TO ASK THEMSELVES 8.4 ABOUT CARERS HEALTH AND WELL BEING 8.5 ACCOUNTABILITY 8.6 SETTING AND MAINTAINING BOUNDARIES 8.7 OPPORTUNITIES TO STRENGTHEN CARERS IN PRACTICE 8.8 ORGANISATIONAL CULTURE AND BUREAUCRACY 8.9 OBSTACLES TO PROFESSIONAL HUMANITARIAN CARING PRACTICE CORRUPTION 9 SOME RESOURCES FOR HUMANITARIAN CARERS WORKING WITH VICTIMS OF TORTURE 10 WORKING WITH VICTIMS OF TORTURE: A GUIDE FOR LEGAL PRACTITIONERS
22 23 24
28 28 28 29 29 30 30 30 31 31 31 31 32 37 37 37 38 38 39 39 39 40 40 41 43 43 46
10.1 INTRODUCTION WHAT IS TORTURE? PERSONS VULNERABLE TO TORTURE IN SOUTH AFRICA 10.2 STATES HAVE AN OBLIGATION TO PROTECT GROUPS THAT ARE ESPECIALLY VULNERABLE TO TORTURE 10.3 SOUTH AFRICAS DOMESTIC OBLIGATIONS 10.4 PROVIDING LEGAL SERVICES TO VICTIMS OF TORTURE IN SOUTH AFRICA CONSULTING WITH YOUR CLIENT 10.5 LEGAL RECOURSE FOR VICTIMS OF TORTURE 10.6 THE ROLE OF THE LEGAL PRACTITIONER BEYOND CLIENT REPRESENTATION 11 12 12.1 12.2 SOME RESOURCES FOR LEGAL PRACTITIONERS WORKING WITH VICTIMS OF TORTURE APPENDICES APPENDIX 1 APPENDIX 2
Preface
This book is an introduction to torture and working with torture survivors. It aims to encourage service providers to treat survivors of torture with dignity and respect, and to promote their empowerment. It is intended as a tool for provoking thought and facilitating learning. It is not an instruction manual. Pravilla Naicker from the Trauma Clinic at the Centre for the Study of Violence, compiled sections one, two and three, Torture; Effects of torture; Working with survivors of torture. These sections were compiled by gathering content from Healing the Hurt a publication of The Centre for Victims of Torture in the USA, and from Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa, a publication of SANToC, The South African No Torture Consortium. Pravilla Naicker also compiled Section four, Working with victims of torture: a Guide for mental health workers by drawing on the content of Healing the Hurt a publication of The Centre for Victims of Torture in the USA, and on Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa, a publication of SANToC, The South African No Torture Consortium. Marivic Garcia from the Trauma Clinic at the Centre for the Study of Violence compiled section five, Working with victims of torture: A Guide for medical professionals by drawing on the content of International Rehabilitation Council for Torture Victims publication entitled Model Curriculum on the Effective Medical Documentation of Torture and Ill-Treatment, Educational Resources for Health Professionals Students, Prevention through Documentation Project 2006-2009, and from Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa, a publication of SANToC, The South African No Torture Consortium. Josie Adler, social development consultant, and Libby Johnston, supervisor at the Refugee Aid Organsiation, wrote Section six, Working with victims of torture: a guide for carers in the context of humanitarian assistance. They wrote this section based on an interview Josie Adler conducted with Libby Johnston. Nicola Whittaker of Human Rights and Democratisation in Africa, University of Pretoria, wrote section 7, Working with victims of torture: a guide for legal practitioners. Eulinda Smith clinical manager, Boitumelo Kekana and Gaudence Uwizeye of the Trauma Clinic, Centre for the Study of Violence and Reconciliation, provided input and support for the production of this book. Megan Bantjes community manager at the Trauma Clinic, Centre for the Study of Violence and Reconciliation provided assistance and guidance on important data contained in the book. This book was made possible by the generous financial assistance of USAID.
TORTURE
The
United
Nations
Convention
against
Torture
and
other
Cruel,
Inhuman
and
Degrading
Treatment
of
Punishment
(UNCAT,
1984)
defines
Torture
as
any
act
by
which
severe
pain
or
suffering,
whether
physical
or
mental,
is
intentionally
inflicted
on
a
person
for
such
purposes
as
obtaining
from
him
or
a
third
person
information
or
a
confession,
punishing
him
for
an
act
he
or
a
third
person
has
committed,
or
intimidating
or
coercing
him
or
a
third
person
for
any
reason
based
on
discrimination
of
any
kind,
when
such
pain
or
suffering
is
inflicted
by
or
at
the
instigation
of
or
with
the
consent
or
acquiescence
of
a
public
official
or
other
person
acting
in
an
official
capacity.1
Torture
Causes
severe
mental
and/or
physical
pain
or
suffering;
Is
intentionally
inflicted;
Is
inflicted
for
a
purpose
or
reason;
Is
committed
by,
or,
at
the
instigation
of,
or
with
the
consent
of,
or
compliance
of
a
public
official
or
other
person
acting
in
an
official
capacity.
Who
tortures?
Police
Military
Paramilitary
forces
Special
forces/intelligence
personne
Prison
officials
Death
squads
Health
professionals
(including
psychologists)
Co-detainees
Rebel
forces
Who
is
being
tortured?
Anyone
who
is
deprived
of
their
liberty
is
vulnerable
to
being
tortured,
that
is,
people
held
involuntarily
in
places
such
as:
places
of
safety
for
children
police
holding
cells,
prisons
lock
up
psychiatric
hospitals
drug
rehabilitation
centres
holding
facilities
for
migrants
(for
example
Lindela)
war
captives/hostages
people
are
also
tortured
in
their
homes,
in
public
places
(like
at
political
rallies
or
in
the
street)
anyone
is
vulnerable
to
torture
if
torture
is
perpetrated
in
the
country
in
which
they
live
in,
for
example
Zimbabwe
and
South
Africa
Women,
men,
children
2
1
United
Nations
Convention
Against
Torture
and
other
Cruel,
Inhuman
and
Degrading
Treatment
or
Punishment
(UNCAT),
adopted
and
opened
for
signature,
ratification
and
accession
by
General
Assembly
Resolution
39/46
of
10
December
1984. 2
Megan
Bantjes,
Community
Manager,
CSVR
(powerpoint
presentation).
1.1 Centre
for
the
Study
of
Violence
and
Reconciliation
(CSVR)
Trauma
and
Transition
Programme
(TTP)
The
Trauma
and
Transition
Programme
(TTP)
offers
services
to
survivors
of
violence
through
the
Trauma
Clinic.
Clients
are
either
self-
referred
or
referred
by
families,
friends,
doctors,
psychologists,
social
workers,
former
clients,
schools,
companies
and
partner
organizations.3
TTP
through
the
Trauma
Clinic
provides
free
counseling,
therapy
and
early
intervention
(also
called
debriefing)
to
individuals
and
families
who
have
experienced
or
witnessed
traumatic
or
violent
events.
It
also
conducts
group
work
with
refugees,
ex-combatants,
torture
victims
and
children
of
survivors
of
violence.
TTP
provides
training
and
support
to
service
providers
who
work
in
the
field
of
traumatic
stress.
The
following
assessment
tool
is
administered
to
clients
who
come
to
the
Trauma
Clinic
to
determine
the
particular
forms
of
torture
to
which
they
have
been
exposed.
(1) Beating,
kicking,
striking
with
objects
(2) Beating
to
the
head
(3) Threats,
humiliation
(4) Being
chained
or
tied
to
others
(5) Exposure
to
heat,
sun,
strong
light
(6) Exposure
to
rain
or
cold,
sustained
immersion
of
body
in
water
(7) Being
placed
in
a
sack,
box,
or
very
small
space
(8) Near-drowning,
repeated
submersion
of
head
in
water
(9) Suffocation
(10) Overexertion,
hard
labor
(11) Exposure
to
unhygienic
conditions
conducive
to
infections
and
other
diseases
(12) Blindfolding
(13) Isolation,
solitary
confinement
(14) Mock
execution
(15) Being
made
to
see
or
hear
others
being
tortured
(16) Starvation
(17) Sleep
deprivation
(18) Suspension
from
a
rod
by
hands
and
feet
(19) Rape
(20) Sexual
humiliation
(21) Burning
(22) Beating
to
the
soles
of
feet
with
rods
(23) Blows
to
the
ears
(24) Forced
standing
(25) Having
urine
or
feces
thrown
at
one
or
being
made
to
throw
urine
or
feces
at
other
prisoners
(26) Non-therapeutic
administration
of
medicine
/
drugs
(27) Insertion
of
needles
under
toenails
and
fingernails
(28) Being
forced
to
write
confessions
numerous
times
(29) Being
shocked
repeatedly
by
an
electrical
instrument
(30) Mutilation
of
genitalia
(31) Sexual
assault
(32) Forced
to
torture
others
(33) Forced
to
kill
others
(34) Denial
of
medical
treatment
(35) Amputation
of
body
parts
(36) Other.
Specify:
Comments:
TTPs offers services to people who have been tortured in South Africa and, or, to people who have been tortured in their country of origin.
In South Africa there is irrefutable evidence that links torture to repressive rule under apartheid4. Post apartheid the democratic South African government took a position against torture by: Enshrining the right not to be tortured, not to be treated or punished in a cruel inhuman or degrading way in the SA Constitution (Section12) Signing and ratifying UNCAT and By participating in drawing up the Robben Island Guidelines, which provide guidelines and measures for the prohibition and prevention of torture and cruel, inhuman or degrading treatment and punishment in Africa. Despite these actions on the part of the democratic government it is unsettling to note that incidents of torture continue to be reported. For example, the Judicial Inspectorate of Prisons received over 2000 complaints of assaults against prisoners by prison warders between April 2008 and March 2009.5 The 2010 Amnesty International report, in reference to the Independent Complaints Directorate (ICD) which receives complaints against the South African Police Services, recorded 828 incidents of intent to do grievous bodily harm against people held in police custody in the period April 2008 to March 20096. Corroborated cases included the use of suffocation, electric shock and assault with fists and booted feet.
Human
rights
monitors
have
documented
torture
in
more
than
130
countries
around
the
world,
including
democracies
such
as
Spain,
Italy,
Brazil,
South
Africa
and
the
USA.
According
to
Amnesty
International,
in
Africa,
there
is
still
an
enormous
gap
between
the
rhetoric
of
African
governments,
which
claim
to
protect
and
respect
human
rights
and
the
daily
reality
where
human
rights
violations
remain
the
norm.7
Survivors
of
torture
flee
their
countries
because
conditions
are
unsafe
and
they
face
repeated
persecution.
For
those
who
come
to
South
Africa
remaining
in
the
country
can
be
an
ongoing
struggle
because
it
is
difficult
to
attain
legal
status.
The
following
table
provides
a
categorization
of
migrants
to
South
Africa
and
their
documents.
Category
Asylum
seeker
An
individual
who
has
submitted
an
asylum
application
to
Department
of
Home
Affair.
Note
that
the
majority
of
asylum
applications
are
rejected.
Refugee
An
individual
who
has
been
granted
asylum.
This
process
can
take
years.
In
the
meantime,
individuals
hold
asylum
permits.
Students,
Workers,
Visitors
Undocumented
migrant
Documents
held
Section
22
permit
Section 24 permit
Study/ work permits or visas documented in passport Not in possession of documentation approved by the SA government
SANToC, (2010). Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa. 5 Amnesty International. (2010). The State of the Worlds Human Rights. Amnesty International London. 6 Amnesty International. (2010). The State of the Worlds Human Rights. Amnesty International London. 7 Amnesty International. (2009). The State of the Worlds Human Rights. Amnesty International London.
EFFECTS OF TORTURE
Torture affects individual survivors, their families and whole societies. Extensive work and research with people who have been tortured, and work in repressed societies and communities, whose members have been tortured, identifies common and unique physical and psychological symptoms and effects on families and societies. It is important to remember that torture survivors do not present with either physical or psychological symptoms. Torture impacts on the psyche and the body simultaneously and its effects extend beyond the individual to impact on families and communities.
2.1
Physical
Symptoms
Headaches
Feeling
dizzy,
faint
or
weak
Chest
pain
Heart
beats
very
fast
Stomach
hurts
or
feeling
sick
in
the
stomach
Shaking
or
trembling
Hands
or
feet
feel
cold
Hot
or
burning
feelings
Numb
or
tingling
sensations
Sweating
Diffuse
or
generalized
sense
of
pain,
weakness,
misery
Other
pains
in
the
body
The Centre for Victims of Torture. (2005). Healing the hurt. Retrieved April 2012. http://www.healtorture.org/healing-the-hurt.
Posttraumatic stress disorder and depression are amongst the better known and named effects of torture. It is important to remember that not all torture survivors have posttraumatic stress disorder or all of the symptoms of posttraumatic stress disorder. This does not mean they have not been affected. There are diverse psychological and emotional symptoms they may experience including. Other psychological symptoms Anxiety Unusual fears and phobias Feeling self blame Feeling ashamed Feeling aggressive towards others Unable to relate to others resulting in breakdown in inter-personal relationships Unable to engage in intimate relationships Substance abuse disorders including drug and alcohol addiction The physical symptoms with which torture survivors present can be results of actual damage done to their bodies by torturers and can be bodily expressions of emotions. Symptoms of physical damage include: Head injuries; Spinal cord injuries; Loss of vision; Loss of hearing; Bone fractures; Muscle damage Dislocation of joints; Weakness in limbs; Skin damage; Difficulties urinating; Difficulties in moving bowels; Damage to sexual and reproductive organs uterus, vagina, breast, penis, scrotum; Venous problems, necrosis in the feet or toes.
2.2
Effects on families
The
effects
of
torture
on
individuals
radiate
into
the
family
system.
Survivors
with
altered
identities,
lost
dignity
and
shame
find
it
difficult
to
take
up
their
previous
positions
and
roles
in
the
family
system.
Where
survivors
lose
occupational
functioning
financial
burdens
create
added
tensions.
Pain,
anger
and
grief
not
processed,
are
acted
out
in
verbal
or
physical
abuse.
Family
members
themselves
cannot
bear
to
hear
stories
of
trauma
reinforcing
the
silence,
and
thereby
negating
the
survivors
experience.
Without
family
support
symptoms
are
reinforced.
9
As
a
result
there
can
be
MARITAL
OR
INTERGENERATIONAL
CONFLICT.
PARENTAL
FUNCTIONING
IS
AFFECTED
with
the
result
that
parents
are
often
less
emotionally
attuned
and
attentive
to
children.
Parents
have
LOW
TOLERANCE
for
negative
emotions.
For
example
a
parent
cant
stand
to
hear
a
baby
cry
because
it
may
reminds
the
survivor
of
other
prisoners
screams.
There
is
SILENCE
WITHIN
the
family
regarding
the
torture
and
other
trauma
leading
to
confusion
misunderstanding,
multiple
versions
of
what
happened,
and
unaddressed
blame,
shame,
anger,
disappointment,
and
sadness.
PARENT-CHILD
ROLE
REVERSAL
occurs
because
parents
experience
disempowerment
due
to
trauma-related
symptoms
and
the
loss
of
their
traditional
roles
in
a
new
culture.
Children
prematurely
assume
adult
roles
due
to
more
rapid
language
acquisition
and
acculturation.
Childrens
IDENTITY
DEVELOPMENT
is
affected.
Children
experience
LOSS
OF
BASIC
TRUST.
There
can
be
PRESSURE
ON
CHILDREN
to
be
immune
to
effects
of
the
familys
ordeals,
to
succeed
and
to
makeup
for
what
the
family
lost.
10
9
SANToC, (2010). Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa. 10 The Centre for Victims of Torture. (2005). Healing the hurt. Retrieved April 2012. http://www.healtorture.org/healing-the-hurt.
Childrens reactions
The
first
ethical
obligation
of
service
providers
and
professionals
is
to
ensure
no
harm
to
patients
or
clients.
This
includes
not
causing
further
psychological
or
emotional
harm
through
the
way
that
torture
survivors
are
treated,
and
ensuring
that
state
officials
do
not
expose
them
to
torture.
Knowledge
of
the
life
experiences
and
resettlement
issues
of
refugees
and
asylum
seekers
before,
during,
and
after
the
violence
is
important.
The
Triple
Trauma
Paradigm
describes
three
phases
of
traumatic
stress
that
apply
to
torture
survivors
pre-flight,
flight
and
post-flight12.
Pre
-flight
Harassment/intimidation
Fear
of
unexpected
arrest
Loss
of
job/livelihood
Loss
of
home
and
possessions
Disruption
of
studies,
life
dreams
Repeated
relocation
Living
in
hiding/underground
Societal
chaos/breakdown
Prohibition
of
traditional
practices
Lack
of
medical
care
Separation,
isolation
of
family
Malnutrition
Need
for
secrecy,
silence,
Being
followed
or
monitored
Imprisonment
Torture
and
other
violence
Witnessing
violence
Flight
Fear
of
being
caught
or
returned
Living
in
hiding
Detention
borders
Loss
of
home,
possessions
Loss
of
job/schooling
Illness
Robbery
exploitation:
bribes,
falsification
Physical
assault,
rape,
or
injury
Witnessing
violence
Lack
of
medical
care
Separation
of
family
Malnutrition
Crowded,
unsanitary
conditions
Uncertainty
about
future
Post-flight
Low
social
and
economic
status
Lack
of
legal
status
Language
barriers
Transportation,
service
barriers
Loss
of
identity,
roles
Un-/under-employment
Racial/ethnic
discrimination
Inadequate,
dangerous
housing
Repeated
relocation/migration
Social
and
cultural
isolation
Family
separation/reunification
Unresolved
losses
Conflict:
marital,
family
Unrealistic
expectations
from
home
Shock
of
new
climate,
geography
Symptoms
often
worsen
The Centre for Victims of Torture. (2005). Healing the hurt. Retrieved April 2012. http://www.healtorture.org/healing-the-hurt 12 The Centre for Victims of Torture. (2005). Healing the hurt. Retrieved April 2012. http://www.healtorture.org/healing-the-hurt
Levels
of
addressing
trauma
TRAUMA
Do
not
identify
trauma
in
order
to
help
Know
about
appropriate
referral
resources
Consider
culture
and
traumatic
experiences
Avoid/reduce
potential
for
reactivation
of
trauma
Respond
to
spontaneous
disclosures
of
trauma
Respond
to
expressions
of
distress
(crying)
Acknowledge
prevalence
of
trauma
for
refugees
Normalize
trauma
reactions
Explore
relevant
refugee
and
trauma
experience
Short
-term
involvement
Ongoing
involvement
task
unrelated
to
trauma
unrelated
to
trauma
(e.g.
Income
(e.g.
ESL
teacher)
maintenance
worker)
to
Trauma
X
X
X
X
X
X
X
X
Assessment
intervention
related
to
trauma
(e.g.
mental
health
professional)
X
X
X X
X X X X X
X X X X X
Service providers, especially those who spend most of their time working with survivors of torture and violence, experience psychological effects which fit the criteria for Post-Traumatic Stress Disorder, Depression and Anxiety, mirroring the symptoms of those they are working with. The effects of being exposed to trauma indirectly through others are referred to as secondary, or vicarious, trauma. The enormity of the survivors suffering evokes in both survivor and service provider feelings of helplessness, and a sense that the scale of the needs of the survivor are overwhelming. In response, and as a defense, service providers may assume the role of rescuer or saviour. At the same time survivors become demanding and dependent. Such dynamics provide fertile ground for vicarious traumatisation. 14
In many cases service providers must rely on interpreters when working with survivors of torture. Where the service provider and the interpreter lack adequate experience or training mis- communication may occur. This can result in compromising confidentiality for the client, misdiagnosis for medical and psychological treatment, or a general inability to provide services.
Communication
through
a
trained
interpreter
can
function
as
part
of
a
powerful
healing
process.
The
process
of
interpreting
provides
a
unique
opportunity
to
model
and
rebuild
connection,
relationships,
and
respect.
The
interpreter
becomes
part
of
a
therapeutic
triangle
while
linking
the
13
The Centre for Victims of Torture. (2005). Healing the hurt. Retrieved April 2012. http://www.healtorture.org/healing-the-hurt. 14 SANToC. (2010) Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa. 15 The Centre for Victims of Torture. (2005). Healing the hurt. Retrieved April 2012. http://www.healtorture.org/healing-the-hurt.
10
provider and client in communication. A relationship of confidence and trust amongst those involved can help the survivor to experience the safety needed to engage effectively in treatment.
There is a need for frequent and thorough communication between provider and interpreter. Most training sources stress the importance of attending to three sequential stages of work for providers and interpreters: before, during, and after the use of an interpreter with a given client or patient.
Interpreting for torture survivors requires knowledge of words and concepts commonly transmitted during the course of medical, mental health, legal, or social services work, and understanding of the cultures of clients as well as their experiences of trauma. Sensitivity and resilience in working with people (both clients and providers) are essential. While each agency should provide thorough training for its interpreters, interpreters must assume responsibility for expanding their knowledge base (See Annexure 1 for some of the common vocabulary used in work with torture survivors).
Working
with
survivors
of
torture:
psycho-social,
legal,
medical
and
humanitarian
&
economic
Striking
the
right
balance
in
working
with
torture
survivors
requires
awareness,
trust
and
acceptance.
Some
argue
that
service
providers
must
take
their
cue
from
survivors
allowing
them
to
dictate
the
pace
of
giving
testimony.
Being
able
to
do
this
requires
sensitive
judgment
that
can
only
come
with
a
good
grasp
of
torture
and
its
effects.
Working
holistically
and
co-operation
amongst
service
specific
professionals
will
provide
the
survivor
with
a
more
positive
outcome
and
a
better
transition/re- integration
into
society.
It
can
also
enhance
the
healing
process.
16
The
UN
Voluntary
Fund
for
Victims
of
Torture
describes
holistic
services
provided
to
victims
of
torture
as
follows:17
Psychological
assistance
is
provided
to
enable
victims
of
torture
to
overcome
the
psychological
trauma
they
have
experienced.
Medical
assistance
treats
the
physical
after-effects
of
torture.
Following
diagnosis
by
a
general
practitioner,
treatment
is
provided
by
medical
specialists
in
the
fields
of
orthopaedics,
neurology,
physiotherapy,
paediatrics,
sexual
health,
urology
as
well
as
traditional
healing
and
complementary
medicine.
Social
assistance
complements
the
above-mentioned
forms
of
assistance
by
providing
various
services
to
reduce
the
sense
of
marginalization
that
many
victims
experience
Legal
assistance
may
be
provided
in
a
number
of
ways
including
covering
the
costs
of
lawyers,
courts,
translations
and
legal
proceedings.
Financial
assistance
enables
victims
to
meet
their
basic
needs
and
to
gain
access
to
other
types
of
assistance,
such
as
health
care.
16
SANToC. (2010). Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa. 17 United Nations Human Rights: http://www.ohchr.org/EN/Issues/Pages/TortureFundAssistance.aspx
11
4.1
Work with torture survivors requires mental health professionals to adapt their conventional models of counseling and psychotherapy to include case management, advocacy and accompaniment. 18
18
The Centre for Victims of Torture. (2005) Healing the hurt. Retrieved April 2012. http://www.healtorture.org/healing-the-hurt. 19 SANToC. (2010). Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa.
12
tolerable for the survivor. This pace may change throughout treatment and needs continuous monitoring. SYSTEMS AND INSTITUTIONS: How they (for example, social services, health care, education, employment, legal services, etc.) relate to working together is an important issue for clients. The success of a multidisciplinary approach to rehabilitation and advocacy requires people working within particular disciplines to have, at the very least, a basic awareness of the issues and priorities that their counterparts address.20
4.2
Healing
Herman (1992), quoted in Healing the Hurt by the Centre for Victims of Torture describes the following stages in trauma recovery:21 I. Establishment of safety and stabilisation II. Remembrance and mourning: coming to terms with trauma and its effect on ones life III. Reconnection: rebuilding ones life and future Progress through these stages is neither linear nor unidirectional and can be affected by ongoing stress. Moving through the stages can take anywhere from months to years. Herman notes, each survivor must be the author and arbiter of her own recovery.22 A torture survivor may define a successful recovery as constituting one, two, or all three of these stages.
4.2.2 Familiar strategies used by mental health workers to help torture survivors
While
working
with
torture
survivors
requires
expansion
of
traditional
models
it
is
important
for
mental
health
workers
to
know
that
their
existing
repertoire
of
skills
and
previous
training
is
relevant.
The
following
strategies
used
in
work
with
torture
survivors
may
sound
familiar
to
those
who
have
worked
with
other
forms
of
trauma:
Provide
information
to
survivors
about
the
psychological
effects
of
trauma
and
normalise
and
validate
these
reactions.
Provide
a
safe,
therapeutic
environment
and
listen,
receive,
and
endure
the
emotions
with
the
survivor.
Help
survivors
learn
to
calm
and
soothe
themselves
by
teaching
specific
anxiety- management
strategies.
Help
survivors
identify
their
beliefs
about
torture
and
persecution
and
begin
to
examine
which
beliefs
were
imposed
under
torture
(for
example,
I
was
responsible
for
what
was
done
to
my
family.).
Foster
the
establishment
or
re-establishment
of
trust
in
others
and
in
the
world.
20
SANToC, (2010) Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa. 21 The Centre for Victims of Torture. (2005). Healing the Hurt. Retrieved April 2012. http://www.healtorture.org/healing-the-hurt. 22 Herman, J.L. (1992) Trauma and Recovery: The aftermath of violence from domestic abuse to political terror. Basic Books, p. 133. In The Centre for Victims of Torture. (2005). Healing the Hurt. Retrieved April 2012. http://www.healtorture.org/healing-the-hurt.
13
Promote positive connection or reconnection with others. Address pre- and post-torture trauma experiences, which may be significant. Assist survivors through the mourning of multiple losses. Assist survivors with their adjustment to a new environment and the re-establishment of occupational and educational plans, familial roles, and responsibilities. Help survivors anticipate and cope with potentially re-traumatisng experiences or with unexpected experiences of re-victimisation (for example, crime, racism, arrest by local authorities etc.). Foster the eventual connection or reconnection with meaningful return to ones social, cultural, political, and economic roles, to whatever extent is desired by the client. The qualities of genuineness, warmth, high positive regard, responsiveness, consistency, and respect are as important in working with torture survivors as with any other clients. Many survivors highlight the value of feeling heard and believed as the most healing aspect of their treatment.
The following effects of torture may affect survivors to varying degrees depending on cultural and individual differences23:
Distrust
Torture survivors have experienced deliberate cruelty and betrayal under highly intimate conditions. Many torturers knew their victims personally, and torture often involves intimate contact. Those in positions of authority who were supposed to protect people perpetrated torture. Understandably, many survivors resolve never to trust another human being. Showing understanding and acceptance of distrust in torture survivor is a powerful intervention. Distrust affects the length of time it takes for someone to acknowledge what happened, and it will affect the survivors ability to build relationships with the service provider and with others. For torture survivors, rebuilding trust is a long-term recovery goal.
Torture is highly effective at silencing individuals and communities. Torture affects peoples thinking and willingness to express themselves. Their fundamental views of the world, other people, and self are altered to accommodate what they experienced when tortured, which is usually bizarre, sadistic, and incomprehensible. Words often seem inadequate for explaining what one experienced. Survivors find it difficult enough to understand and believe their own experiences, so the task of explaining them to someone who was not there can seem overwhelming or pointless.
Empowerment
is
a
fundamental
principle
of
trauma
recovery.
Survivors
of
torture
experience
unpredictability,
helplessness,
and
lack
of
control
under
torture.
Torturers
control
their
victims
most
intimate
and
basic
bodily
functions,
such
as
eating
and
elimination.
Victims
under
detention
live
for
long
periods
with
the
feeling
of
not
knowing
what
is
going
to
happen
next,
of
not
knowing
when
23
The Centre for Victims of Torture. (2005). Healing the hurt. Retrieved April 2012. http://www.healtorture.org/healing-the-hurt.
14
death might come. The complete control that torturers have over victims is not just physical but also mental. Mental forms of torture include sleep deprivation, mind games, direct threats, psychological abuse, brainwashing, pharmacological torture, and many other psychological methods. This type of powerlessness undermines peoples ability to assert themselves. Even questions such as Do you understand what I said to you? or Are you feeling all right? are difficult for torture survivors to answer. They try to assess what is the right answer or what the authority figure wants to hear. They answer yes because they do not want anyone to be upset with them. This places providers in a very difficult position. It is important not to confuse these responses with passivity and indifference. What the provider might be seeing is the chronic fear and helplessness created by torture and repression.
Torturers intentionally produce feelings of shame and humiliation that undermine identity and prevent survivors from talking about what happened to them. For example, forced nakedness is one technique commonly used under captivity. This act strips away personal identity and shames victims through indecent exposure to others. Other forms of sexual torture result in shame and humiliation. Even survivors who appear quite willing to talk about their experiences will not reveal their most shaming experiences. Providers can never assume they know the worst of what a survivor experienced. In some cultures, it is unacceptable to disclose sexual torture. Female survivors are concerned they will lose their husbands or their communities of support. Because of the potential social and economic consequences, rape survivors may not be able to disclose this to anyone. Similarly, men who are victims of sexual torture struggle with extreme feelings of shame, humiliation, and emasculation. Many survivors say they will have to live with the effects of sexual torture their entire lives. When shame becomes intolerable the effects of this type of torture can be severe, including suicide.
Simply put, torture is difficult to believe. Torturers tell their victims no one will believe them even if they live to tell the story. Sometimes the torture is so sadistic and bizarre that survivors find it easy to accept that, indeed, no one else will believe what happened. Torturers use torture to distort victims sense of reality. The world turns upside down. The incomprehensible and unbelievable become true, and social norms and the rules of logic or common sense in the culture no longer apply. For these reasons, survivors deny, distort, or repress memories of the torture. Torture survivors may fear laughter or disbelief if they talk about the torture. They are sensitive to the slightest gesture from a provider that may imply doubt, disbelief, or denial.
Under torture, the assault on the senses and the strangeness of everything that is happening confuses victims. Torturers manipulate the environment to create illusions and fears of losing ones mind. Under captivity, even if it is only a matter of hours, people lose their sense of time. This is especially true when there is also sensory deprivation (for example, blindfolding, imprisonment in complete darkness), multiple episodes of similar interrogation and torture, or solitary confinement. Survivors may lack memories of what happened under captivity. They do not remember start and end dates of imprisonment. Confusion and disorientation influence the ability to recall events, creating inconsistencies and gaps in their stories. Some torture survivors have experienced pharmacological torture or loss of consciousness. Providers should use caution when interpreting memory issues, and be aware that memory gaps and inconsistencies are common among torture survivors.
Rage
Rage is a common response to the violations of torture. Many survivors suppressed rage for a long time. The force of their own rage often frightens survivors. Survivors may feel more rage or anger 15
toward a current situation than would normally be expected, given the situation. Conversely, they may shut down when upset, in order to protect themselves from their feelings. They may be able to discuss their fear of their anger but are often at a loss as to what to do with it. They are embarrassed or ashamed, recognizing what they are feeling is out of proportion to the present situation and feel helpless against their own fury. Trauma-related rage interferes with the ability to remember, to think clearly, and to express oneself, especially in threatening situations where survivors either feel out of control or fear losing control. Providers may witness behaviors that the torture survivors used during their torture to survive.
Psychiatric sequelae
Many torture survivors meet criteria for one or more psychiatric disorders. However, use of the term disorder or any concept that so labels the survivor is a very sensitive matter. Some survivors are relieved to know that what they suffer has a name, a history of professional study, and treatment options. Other survivors feel misunderstood or misrepresented by individual diagnoses. They are acutely aware that torture is fundamentally a political and social problem, which receives little attention or acknowledgement worldwide. Survivors suffer from normal, expected human reactions to extremely abnormal and disturbed sets of events and environments. Providers need to communicate this understanding to survivors and to normalize the effects of the torture in ways that have meaning for survivors. Diagnoses, while useful, focus on particular symptoms and on individuals. They do not cover the full range of effects on survivors, their families, and communities.
SOME RESOURCES FOR MENTAL HEALTH PROFESSIONALS WORKING WITH VICTIMS OF TORTURE
Centre for the Study of Violence and Reconciliation Trauma Clinic Physical Address: 4th Floor, Braamfontein Centre 23 Jorrisen Street, Braamfontein Tel: 011 403 5102 Fax: 011 403 7532 E-mail: info@csvr.org.za Services: 1. Individual and group counselling to survivors of violence and torture 2. Facilitates support groups 3. Training workshops on complex trauma and trauma management 4. Specialist services for the psychiatric management of survivors of complex trauma and torture 5. Community outreach programmes to raise awareness of trauma and PTSD Islamic Careline Physical Address: 32 Avenue Road, Fordsburg Tel: 011 373 8080 Fax: 011 373 8099 Services: Counselling for abused women and children, marital and family counselling, trauma debriefing, play therapy, HIV and Aids counselling. Fees: Donation preferred for face-to-face counselling. Jesuit Refugee Services (JRS) Physical Address: 7th Floor Royal Place Building 85 Eloff Street Tel: 011 333 0980 16
Fax: Email: Services: Johannesburg Child Welfare Physical Address: Tel: Fax: Services: 011 333 0119 jesref@icon.co.za 1. Provides limited accommodation and assistance for new arrivals and vulnerable groups 2. Writes referral letters to hospitals and clinics 3. Provides Support and Counselling to refugees infected and affected by HIV/Aids 4. Limited Funeral Assistance 5. Assists with micro loans, depending on availability of funds.
41 Fox Street, Cnr West Street, Johannesburg 011 298 8500 011 298 8590 Sexual abuse unit for children under 12 years, counselling and therapy.
Johannesburg Parents and Child Counselling Centre Tel: 011 484 1734 Services: Telephone counselling traumatised children and women Lifeline Physical Address: 2 The Avenue, Corner Henrietta Street, Norwood. 24 hr Crisis Line: 011 728 1347 Fax: 011 728 3497 Services: Rape Counselling for survivors and family, domestic violence counselling and trauma counselling. Face to face counselling per appointment. Fees: Donations accepted. Mother Teresa Home Physical Address: No 76 St Georges Street, Yeoville, Johannesburg Tel: 011 648 6315 Services: Shelter for women and children, Spiritual support. Food and counselling. Mthwakazi Arts and Culture Advice Office Physical Address: 214 Geldenhuys, 33 Jorissen Street, Braamfontein Tel: 011 492 2352492 00000002352 Services: Information workshops, sustainable peace building, legal advice and referrals. Vocational advice training for migrants, asylum seekers, refugees and their families. People Opposing Women Abuse (POWA) Physical Address: Confidential Tel: 011 642 4345/6 Fax: 011 484 3195 Services: Telephonic and individual counselling for women, legal advice and court preparation, and shelters for abused women Fees: R1 R5 on a sliding scale depending on income. 17
Refugee Ministry Centre Physical Address: Tel: Services: Baragh House St. Marys Cathedral Cnr Wanderers and Plein Streets, Johannesburg 011 333 3392 1. Advocates on behalf of refugees with departments of health and home affairs 2. Limited paralegal assistance 3. Psychosocial counselling to refugees and refugee torture survivors
South African Depression and Anxiety Group Tel: 0800567567 Services: Telephone support for depression and anxiety. Women Refugee Care (WORECA) Physical Address: 19 Lilly Ave, Berea Tel: 076 186 1137 Services: Assists refugee and migrant woman through pregnancy and post natal. Southern African Centre for the Survivors of Torture (previously known as ZTVP) Physical Address: Field North Building 1st Floor 23 Cnr Jorrisen & De Beer Streets, Braamfontein Services: The Southern African Centre for Survivors of Torture is a rehabilitation centre that documents human rights violations and offers holistic medical and psychological rehabilitation services to victims/survivors of organised violence and torture perpetrated within the Southern African Development Community (SADC) region. Southern African Womens Institute for Migration Affairs (SAWIMA) Physical Address: 513 Heeringracht Building 87 De Korte Street Braamfontein Tel: 011 339 3900 (office hours) 079 873 9021/ 011 211 3269 (after hours) Email: sawimas@yahoo.com Contact Person: Joyce Dube Services: Counseling, HIV/AIDS Paralegal desk Zimbabwe Political Victims Association Physical Address: 114 Rissik Street Methodist House Braamfontein Tel: 072 517 6066 Services: Welfare assistance, paralegal assistance, counselling referrals Sophiatown Community Psychological Services Physical Address: 4 Lancaster Street Westdene Tel: 011 482 8530/482 2117 Services: Counselling ; Couple counseling; Family counseling; Training; Groups
18
6.1
Health professionals who encounter survivors of torture may do so in different capacities, and they may thus have slightly different but convergent duties24: The health professional that is asked to examine an individual expressly for the purpose of providing a medical opinion in a report for a court or other judicial body will be fulfilling a forensic (medico-legal) role. A health professional who is acting as a care giver to an individual and who in the course of routine work notes signs and symptoms of ill-treatment, or to whom the individual complains of being previously subjected to ill-treatment, may need to make an accurate medical record of the findings in the medical notes. A health professional that forms part of a team visiting places of detention may record findings of ill treatment in individuals, but this information may be used more generally in a report on the place of detention without actually forming part of a medico-legal report. Health professionals in primary care or emergency departments to whom the individual complains of ill treatment or who note signs of torture. In such cases the health professional may not necessarily have to write a report, but may just need to know how to make a proper examination and a good set of medical notes, which document the care. Health professionals in hospitals or clinics who may be asked by, for example, police or military, to examine a detainee. Health professionals examining individuals in a specialist centre for survivors of torture.
6.2
Evidence
of
torture
Torture
as
practiced
around
the
world
has
many
features
in
common,
almost
invariably
including
beating,
slapping
and
kicking
and
more
sophisticated
techniques.
Increasingly
across
the
world
torture
methods
are
devised,
sometimes
with
the
help
of
doctors
that
produce
maximum
pain
with
minimum
external
evidence.
For
example,
physical
evidence
of
beating
may
be
limited
when
wide,
blunt
objects
are
used
for
beatings.
Similarly,
victims
are
sometimes
covered
by
a
rug,
or
shoes
in
the
case
of
falaka,
to
distribute
the
force
of
individual
blows.
For
the
same
reason,
wet
towels
may
be
used
with
electric
shocks.
Other
cases
of
maximum
pain
and
suffering
with
minimal
evidence
include
forced
deprivation.
Taking
a
detailed
history
is
essential
to
ensure
that,
during
the
subsequent
physical
examination,
signs
in
the
relevant
areas
of
the
body
are
not
missed
and
that
a
correct
differentiation
from
accidental
or
self-inflicted
injury
is
made.
For
this
reason
it
is
necessary
to
review,
at
length,
some
of
the
techniques
employed
in
different
countries
before
outlining
the
symptoms
and
signs
to
be
expected
during
history-taking
and
physical
examination.
24
International Rehabilitation Council for Torture Victims. (2011/12). Model Curriculum on the Effective Medical Documentation of Torture and Ill-Treatment, Educational Resources for Health Professionals Students, Prevention through Documentation Project 2006-2009. Copenhagen. Accessed May 2012 from http://phrtoolkits.org/wp-content/uploads/ downloads/2011/12/MODEL-CURRICULUM.pdf
19
Of particular value in assessing the severity of the attack is a history of loss of consciousness, though this should be elaborated by questions aimed at finding out whether unconsciousness was caused by blows to the head, asphyxiation, unbearable pain or exhaustion. It is difficult to separate physical from psychological torture, as each has a component of the other; for example, hooding not only impedes normal breathing, but also produces disorientation and fear. In addition, physical forms of torture and ill treatment will generally produce both physical and psychological sequelae, and psychological forms of torture and ill treatment often result in psychological sequelae, but may also produce physical sequelae as well. 25
6.3
The physician should obtain a complete medical history, including information about prior medical, surgical or psychiatric problems. 1. Be sure to document any history of injuries, medical conditions and surgery before the period of detention and any possible after-effects 2. Avoid leading questions 3. Structure inquiries to elicit an open-ended, chronological account of the events experienced during detention 4. Specific historical information may be useful in correlating regional practices of torture with individual allegations of abuse. Examples of useful information include descriptions of torture devices, body positions, methods of restraint, descriptions of acute or chronic wounds and disabilities and identifying information about perpetrators and places of detention 5. An individual who has survived torture may have trouble expressing in words his or her experiences and symptoms. In some cases, it may be helpful to use trauma event and symptom checklists or questionnaires.
Medical history
6.4
The
physical
examination
is
usually
the
last
component
of
a
medical
evaluation
of
an
alleged
torture
victim,
after
the
acquisition
of
all
background
information,
allegations
of
abuse,
acute
and
chronic
symptoms
and
disabilities,
and
after
the
psychological
evaluation,
if,
in
fact,
the
psychological
evaluation
is
performed
by
the
same
clinician
who
is
assessing
physical
evidence
and
conducting
the
physical
examination.
It
is
essential
to
obtain
the
individuals
informed
consent
prior
to
the
physical
examination.
The
physical
examination
must
be
conducted
by
a
qualified
physician.
Whenever
possible,
the
patient
should
be
able
to
choose
the
gender
of
the
physician
and,
where
used,
interpreter.
If
the
doctor
is
not
the
same
gender
as
the
patient,
a
chaperone
who
is
of
the
same
gender
as
the
patient
should
be
used
unless
the
patient
objects.
The
patient
must
understand
that
he
or
she
is
in
control
and
has
the
right
to
limit
the
examination
or
to
stop
at
any
time.
26
25
Physical examination
International Rehabilitation Council for Torture Victims. (2011/12). Model Curriculum on the Effective Medical Documentation of Torture and Ill-Treatment, Educational Resources for Health Professionals Students, Prevention through Documentation Project 2006-2009. Copenhagen. Accessed May 2012 from http://phrtoolkits.org/wp-content/uploads/ downloads/2011/12/MODEL-CURRICULUM.pdf 26 International Rehabilitation Council for Torture Victims. (2011/12). Model Curriculum on the Effective Medical Documentation of Torture and Ill-Treatment, Educational Resources for Health Professionals Students, Prevention through Documentation Project 2006-2009. Copenhagen. Accessed May 2012 from http://phrtoolkits.org/wp-content/uploads/ downloads/2011/12/MODEL-CURRICULUM.pdf
20
Acute Symptoms The individual should be asked to describe any injuries that may have resulted from the specific methods of alleged abuse. For example: bleeding, bruising, swelling, open wounds, lacerations, fractures, dislocations, joint stress, haemoptysis (coughing up blood), pneumothorax (lung puncture), tympanic membrane perforation, genitourinary system injuries, burns (including colour, bulla or necrosis according to the degree of burn), electrical injuries (size and number of lesions, their colour and surface characteristics), chemical injuries (colour, signs of necrosis), pain, numbness, constipation and vomiting. The intensity, frequency and duration of each symptom should be noted. The development of any subsequent skin lesions should be described and whether or not they left scars. 27 Chronic Symptoms Elicit information of physical ailments that the individual believes were associated with torture or ill treatment. Note the severity, frequency and duration of each symptom and any associated disability or need for medical or psychological care. Even if the after-effects of acute lesions are not observed months or years later, some physical findings may still remain, such as electrical current or thermal burn scars, skeletal deformities, incorrect healing of fractures, dental injuries, loss of hair and myofibrosis. Common somatic complaints include headache, back pain, gastrointestinal symptoms, sexual dysfunction and muscle pain. Common psychological symptoms include depressive affect, anxiety, insomnia, nightmares, flashbacks and memory difficulties.28
6.5
Careful
documentation
of
physical
evidence
plays
a
critically
important
role
in
verifying
that
torture
has
occurred,
in
supporting
legal
claims
and
contributing
to
human
rights
campaigns.
The
medical
practitioner
requires:
knowledge
of
torture
methods
and
their
effects;
familiarity
with
methods
of
torture
designed
to
leave
little
physical
evidence;
skills
in
detecting
hidden
and
chronic
effects
of
torture;
knowledge
of
patterns
of
torture
in
particular
localities;
understanding
of
appropriate
diagnostic
tests;
thorough
understanding
of
ethical
principles
and
obligations;
acquaintance
with
relevant
national
legislation
and
protocols;
and
international
human
rights
legislation,
and
a
capacity
for
empathy.
29
The
report
on
the
findings
of
the
medical
examination
includes
a
photographic
record
of
injuries
and
a
completion
of
a
form
containing
standard
anatomical
drawings
on
which
findings
of
the
investigation
can
be
shown.
In
South
Africa
this
form
is
known
as
the
J88.
Standards
for
effective
medical
evaluation
recommended
by
the
Istanbul
Protocol
provide
a
guideline
for
the
report
(see
Appendix
2).
The
report
should
include
the
following
details:
27
Medical report
International Rehabilitation Council for Torture Victims. (2011/12). Model Curriculum on the Effective Medical Documentation of Torture and Ill-Treatment, Educational Resources for Health Professionals Students, Prevention through Documentation Project 2006-2009. Copenhagen. Accessed May 2012 from http://phrtoolkits.org/wp-content/uploads/ downloads/2011/12/MODEL-CURRICULUM.pdf 28 International Rehabilitation Council for Torture Victims. (2011/12). Model Curriculum on the Effective Medical Documentation of Torture and Ill-Treatment, Educational Resources for Health Professionals Students, Prevention through Documentation Project 2006-2009. Copenhagen. Accessed May 2012 http://phrtoolkits.org/wp-content/uploads/ downloads/2011/12/MODEL-CURRICULUM.pdf 29 SANToC. (2010). Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa.
21
Case
information
which
details
the
name
of
the
professional,
date
of
the
evaluation,
referral
source,
evidence
of
informed
consent,
biographical
details
of
the
patient,
whether
an
interpreter
was
used,
other
parties
present,
details
of
any
restrictions
on
the
examination
and
to
whom
the
report
was
given;
Credentials
of
the
examiner
including
qualifications
and
experience;
Background
history
of
the
patient;
Allegations
of
torture.
Details
on
the
torture
will
depend
on
the
purpose
of
the
report.
Some
lawyers
note
that
a
general
description
is
sufficient
so
that
another
version
is
not
provided
for
cross-examination.
For
the
purposes
of
human
rights
advocacy
a
detailed
account
provides
important
data
for
identifying
patterns
of
torture;
Current
symptoms
and
disabilities;
Findings
of
the
physical
examination;
Results
of
diagnostic
tests
including
radiology
reports
and
blood
tests;
Interpretation
of
findings;
Recommendations;
Opinion
on
the
association
between
findings
and
allegations
of
torture30.
6.6 Ethical
Issues
Apart
from
the
obvious
importance
of
medical
examination
to
guide
treatment
of
torture
survivors,
medical
evidence
is
significant
for
legal
action
and
for
advocacy
against
torture.
Lawyers
acting
on
behalf
of
torture
survivors
place
a
high
value
on
medical
evidence,
which
some
describe
as
incontrovertible,
meaning
that
it
can
be
used
to
prove
beyond
reasonable
doubt
that
torture
took
place.
Similarly,
medical
evidence
that
clearly
reveals
the
physical
damage
done
by
torture
is
used
effectively
to
expose
that
torture
occurred,
and
to
advocate
for
its
prevention.31
Despite
the
importance
of
medical
proof
for
legal
action
and
torture
prevention,
the
first
ethical
obligation
of
medical
doctors,
who
come
into
contact
with
survivors
of
torture,
and
of
cruel,
inhuman
or
degrading
treatment,
is
to
the
patient.
This
means
that
the
practitioner
has
a
duty
to
examine
and
treat
the
survivor
guided
by
the
ethical
principles
of:
autonomy,
by
obtaining
consent
and
protecting
privacy
and
maintaining
a
practitioner- patient
confidentiality;
non-maleficence
by
doing
no
harm;
justice
by
ensuring
fair
treatment,
and
beneficence,
by
ensuring
that
the
survivors
overall
care,
protection
and
well-being
is
considered
by
the
health
professional,
who
must
also
ensure
that
the
survivor
does
not
face
discrimination
due
to
his
or
her
vulnerability,
and
that
he
or
she
will
be
treated
with
dignity
at
all
times.32
Similarly,
health
professionals
are
under
obligation
to
examine
and
treat
people
held
in
the
custody
of
state
officials
and
institutions
with
the
same
standard
and
quality
of
care
that
they
would
offer
to
any
other
patient.
In
other
words
doctors
are
obliged
to
avoid
unfair
discrimination
and
should
administer
fair
treatment
irrespective
of
the
social
or
legal
status
of
the
patient.
30
SANToC. (2010). Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa. 31 SANToC. (2010). Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa. 32 SANToC. (2010). Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa.
22
Collusion with torture In South Africa the HPCSA and SANC are statutory bodies that guide and regulate the ethical conduct of health practitioners and nurses respectively and advocate the prohibition of participation in, collusion with, and, or facilitation of torture. The Istanbul Protocol states that it is a gross contravention of ethics for health care professionals to participate in torture, whether actively or passively33 What are the duties of health professionals who suspect or have evidence that torture has been perpetrated against the patient, or, suspect that the patient may be at risk? A central principle of the practitioner-patient relationship is that the practitioner must act in the best interests of the patient. Given this the practitioner, even if employed by the State, must retain professional independence. The doctor has a duty to protect the patient, to report evidence of torture or cruel, inhuman or degrading treatment and to make or support efforts to ensure that torture or ill treatment is not continued. The practitioner must consider the safety of the patient and the risks of reprisal that may arise from such actions. In such situations the doctor is caught between the obligation to report torture and promote justice, and the obligation to ensure the safety of the patient.34 The Istanbul Protocol suggests that medical doctors seek advice from professional bodies and notes that the World Medical Association calls on national and local professional associations to support doctors.35
6.7
Section 35 of the South African Constitution protects the right of access to medical treatment for people held in state custody. The South African Police Service has internal regulations, referred to as Standing Orders, which provide for the medical examination of individuals who are arrested and detained. For example Standing Order 349 provides for urgent medical attention to individuals who are injured at a crime scene, guidelines for responses to detainees requesting medical attention, and prohibitions on the issuing of medication to detainees without the consent of a medical practitioner. The Correctional Services Act 111 of 1998 provides for the medical treatment of prisoners. Correctional Service institutions, or prisons, are required to provide medical facilities. Prisoners may request treatment at which request they should be accompanied or transferred to the hospital or health care facility of the prison. Additionally the Correctional Services Act provides for the protection of prisoners from treatment and interventions without their consent and from medical abuse. 36
33
United Nations. (2004). Istantbul Protocol Manual for the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Professional Training Series, No 8/Rev.1. Geneva. 34 SANToC. (2010). Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa. 35 United Nations. (2004). Istantbul Protocol Manual for the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Professional Training Series, No 8/Rev.1. Geneva. 36 SANToC. (2010). Drawing on Lessons from the Past: Towards a Fuller Realisation of the Right to Rehabilitation for Survivors of Torture in South Africa. SANToC. (2010).
23
Cnr Pritchard and Smal Streets, Johannesburg 011 337 5938 1. Makes referrals for emergency accommodation for new arrivals 2. Makes medical referrals for torture survivors 3. Provides counselling to refugees infected and affected by HIV and Aids.
MEDECINS SANS FRONTIERES (DOCTORS WITHOUT BORDERS) Physical Address: Orion Building-3rd Floor 49 Jorissen Street Braamfontein Tel: 011 403 4440 Fax: 011 403 4443 Email: office@joburg.msf.org Website: www.msf.org.za Services: MSF is a medical humanitarian organization that delivers emergency aid to people affected by conflicts, epidemics, natural disasters and man-made disasters, or exclusion of health care. Doctors Dr Mbobo & Associates Physical address: 2nd Floor Becker House, Hospital and De Korte Street, Hillbrow Tel: 011 720 0666 Services: Wellness Clinic, HIV/AIDS testing and pre counselling, VCT Dr M.M. Bhikhoo Physical Address: 74 Queens Road Mayfair Tel: 011 837 5771 Fax: 011 837 7607 Email: bhiks@mweb.co.za Dr Robbie Potenza Physical Address: Suite 10 St Josephs Wing Wits Donald Gordon Medical Centre 21 Eton Road Parktown Dr. Ebrahim Joosuf Physical Address: Burton Court Shop 16 8 Pretoria Street Hillbrow Tel: 011 725 2281 Fax: 011 720 4980 Email: drjoosuf@wol.co.za Dr T.A.A. Essay 24
Physical Address: Tel: Dr S.A. Bhoora Physical Address: Tel: Dr S. Brower Physical Address: Tel: Dr S.W. Maphisa Physical Address: Tel: Dr M.N. Mabasa Physical Address: Tel: Dr M.C. Maharaj Physical Address: Tel: Dr M.D. Kgalamono Physical Address: Tel: Dr B. Jivan Physical Address: Tel: Dr T Diphoko Physical Address: Dr D. L. Cumes Physical Address: Tel: Townsview Medical Centre 72 Main Street Rosettenville 011 436 1983
Cnr Banket & Bruce Streets Hillbrow 011 484 0305 5463 Riverside Matlhako street Kagiso 011 410 6353
3801 Themba Drive Hills View Kagiso 2 011 410 6784 25 Park Street Randfontein 011 692 1221
2124 Ralerata Street Mohlakeng 011 414 5561 25D Kenmere Street Yeoville 011 683 8263 25
Dr G.M.P.V. De Oliveira Physical Address: 131 8th Avenue Bez Valley Tel: 011 614 6951 Dr Z. Bham Physical Address: 114 D Twist Street Hillbrow Tel: 011 484 0151 Physiotherapists Ashira Singh (Physiotherapist) Physical Address: House No1 Garden City Clinic 35 Bartlett Road Mayfair Tel: 011 495 5353 Fax: 011 8378883 Email: Ashira@iafrica.com Sello Matona (Physiotherapist) Physical Address: New Kensington Medical Centre 23 Roberts Avenue Kensington Mobile phone: 082 794 4444 Email: Sello.Matona@lifehealthcare.co.za Clare Cresswell (Physiotherapist) Physical Address: 2 Firth Avenue Parktown North Tel: 011 880 7112 Email: cresswll@iafrica.com Roxanne Ashkar (Physiotherapist) Physical Address: Thrupps Illovo Centre 204 Oxford Road Illovo Tel: 011 268 0331/0297 Email: physiotherapist@global.co.za E.C. Speechly (Physiotherapist) Physical Address: 24 12th Avenue Linksfield West Tel: 011 485 1882 G.M. Bogoshi (Physiotherapist) Physical Address: Johannesburg Hospital Parktown Tel: 011 488 3258 26
L.B. Lelaka (Physiotherapist) Physical Address: 2 Bunting Road Netcare Rehabilitation Hospital Auckland Park Tel: 011 489 1226 Dawn Hansen (Physiotherapist) Physical Address: Milpark Hospital Suite 2 Lower Level Parktown West Tel: 011 726 1512 Email: sdhansenmp@acenet.co.za J.N. Mare (Physiotherapist) Physical Address: 38 Fairfield Road The Hill Tel: 011 435 9840 Email: nicm@netactive.co.za
27
8
8.1
WORKING
WITH
VICTIMS
OF
TORTURE:
A
GUIDE
FOR
CARERS
IN
THE
CONTEXT
OF
HUMANITARIAN
ASSISTANCE
Introduction
Service providers, be they receptionists, administrators and volunteers, counsellors, facilitators, and professionals are responsible to support the healing and restoration of the self-esteem and self- confidence of victims of torture with whom they work. What do we hope will come out of our intervention with regard to the self-esteem, self-respect, goals, independence, and economic development of victims of torture? Our hope as carers is that we assist victims of torture on their way to becoming self- empowered, self-sufficient individuals, with working knowledge of places they can go and things they can do independently. What beliefs, attitudes, values, knowledge, skills, and tools do we value, nurture and sustain in order to make us competent and effective carers whose practice can achieve the hoped-for outcome? The person who has suffered torture doesnt want to come to your office, into a dependent, welfare situation. Victims of torture are embarrassed by their situation. They are already victimised. They dont want to be in the situation where they have to beg organisations for assistance The humanitarian carers interaction creates and sustains an environment which: Avoids a situation in which the ability of the client to think and act is diminished. The carers approach will avoid taking the problem away from the person whose problem it is. The locus of control is placed and remains firmly in the hands of the victim. The relationship with the carer is established to promote independence; Encourages the person to feel like someone who is recognised and regarded as a respected and active partner in the relationship. The victim of torture may have any number of negative feelings including embarrassment, fear, confusion, suspicion, hostility and aggression. The carers open, non-judgmental and interested attitude together with a skilled, firm and steadfast holding to the agreed objectives, will initiate a process to support and guide the victim of torture in growing insight into the possibilities of co-operating and assuming a journey on a path to independence.
8.2
The skills of the professional carer are acquired through academic study, internship, practice and accumulated experience. This is built upon in organisations by shared collegial experience, strengthened by broader learning in meetings, seminars, conferences and professional development courses. Support personnel in organisations who work with victims of torture, including receptionists, administrators, counsellors and facilitators, acquire their skills and competencies through training and exposure to the ethos of the organisations.
Skills of carers
28
8.3
Practice of carers
As carers we have to work on our own self-confidence in decision-making. This means not being so academically oriented. Yes, you learn everything in university and school. You know the laws and human rights and what should be done. To become a successful carer there also has to be some thinking outside of the box; not everything can be learned from a book. You have to have your own judgments, and confidence. Carers encounter victims of torture in situations that require multi-pronged responses incorporating: respect listening compassion patience and insight application of critical skills and analysis in assessing the situation seeking additional expertise and information formulating an appropriate plan for intervention that includes assistance, support, treatment and ongoing joint reflection and evaluation of progress to closure.
29
8.4
A carers caseload may involve 10 interviews and consultations a day, each requiring intense listening and counselling. The interviews are followed by research, problem solving and preparation of plans of action. The accounts presented to the carer are traumatic and the persons condition may present in disturbed behaviour. Such intense encounters impact on the carers mental and emotional capacity. One of the impediments to carers achieving optimal results may lie in stress for which there are numerous causes. In addition to the emotional impact of listening to survivors stories, there may be factors in the carers personal life; for example, situations involving family members, financial strains, or worries about personal competency in the workplace. In organisations where shortages of funding hang over everyones heads, carers may become anxious. Physician, heal thyself captures the role of debriefing for the humanitarian worker in regenerating energy and preventing burnout. Debriefing sessions help avoid the transfer of trauma from the carer onto clients. Debriefing requires frankness and openness. Humanitarian staff need to realise their need for debriefing. It is not something someone else can identify; one has to assume personal responsibility to know the need for it, deal with any inclination to avoid or postpone it for whatever reason (for example, heavy workload, personal resistance or fear of cultural stigma). In the absence of debriefing sessions humanitarian carers may experience loss of emotional and mental fitness, rendering them unable to help someone who is dealing with emotional trauma. Carers have been attacked, verbally, physically and emotionally or have been subjects of attempts at extortion. It can be surprising to any practitioner to find themselves feeling helpless, angry, confused, frustrated, disappointed. It is important to develop and maintain mental, emotional and physical wellbeing, and to recognise ones own limits.
8.5
Accountability
Carers are required to make independent decisions while remaining accountable to legal parameters, organisational policies and financial constraints. From time to time carers may make the wrong decision or act ambivalently. This usually arises where carers are reluctant to acknowledge they cant fix problems. Or, they may not want to give someone who is desperate bad news. Accountability is a critical strength of humanitarian professional practice. However, accountability can be perceived as threatening - as exposure of vulnerability, loss of self-esteem and possible loss of ones job. In reality, the practice of accountability affords an opportunity to share experience, expand and strengthen working knowledge and build a trusting environment that fosters and rewards growth and independent practice.
8.6
How do carers avoid stepping in to rescue the victim of torture whilst showing compassion until the client is able to assume responsibility and the ability to jointly work on addressing problems? This process is difficult and can take time. An important attribute for carers to develop is to refrain from allowing personal feelings of responsibility to dominate and to resist the desire fix. To manage this process the carer requires commitment to "The Iron Rule" - never do for people what they can do for themselves. Setting and maintaining boundaries are vitally important tools for the carer in order to: Avoid creating dependency Maintain the balance between nurturing the clients empowerment and retaining the carers mental, emotional and physical energy. 30
8.7
Disappointment, manipulation, misappropriation of resources and theft of money are part of the territory in humanitarian care. To keep strong carers have to: Keep the goals of the work in sight Retain a professional balance by being objectively assessing situations and simultaneously being aware of the risks Make use of collegial support. Participation in mentored reflection designed to foster development of professionals, and participation in support groups, can build a body of knowledge, which may strengthen carers and the organisations within which they work.
8.8
While the broad vision of the caring sector is dedicated to rehabilitation of victims of torture, there exist diverse cultures in organisations, depending on whether they are non-governmental organsiations, religious, or government agencies. Inevitably organisational cultures have unintended consequences. For example, as proficiency and expertise develops, there may also grow some sense of knowing the answers. As a result, responses and interventions may appear or become mechanical. As working systems and processes - which are important for good governance - are established, particularly in organisations dealing with referrals and resource management and distribution, bureaucratic requirements may become onerous and seem endless. In addition to being faced with trying to fulfill bureaucratic requirements victims of torture seeking help may encounter bureaucratic attitudes that can be intimidating and discouraging. Factors that can deplete the already diminished energies of victims of torture and violence are the time spent being referred from office to office, or waiting in queues. When this happens, as can be seen in long lines at government documentation and processing offices, frustration and resentment can build up in individuals and groups, which exacerbates the already present sense of victimisation.
8.9
Corruption
Corruption is pervasive in South Africa. Humanitarian carers may be confronted with temptations, which are difficult to resist. What are the duties and responsibilities of carers to strengthen good governance, compliance and accountability? Good Governance Put the systems in place, for example, policies and codes of conduct, in the organisation and ensure that everyone knows what they are. Compliance and accountability Ensure that checks and balances are in place to facilitate compliance and accountability, for example management and administration meetings, regular reporting and inspections and effective financial reporting. Proper use of the funding and resources entrusted to the organisation for the purposes of its humanitarian work requires everyone in the organisation to have fiduciary responsibility (An individual/organisation in whom the utmost trust and confidence has been placed to care 31
for, manage and protect property or money for the purpose for which it is intended. The term "fiduciary" is derived from the Latin term for "faith" or "trust.") By adhering to due process and taking prompt action where standards are not upheld, organisations build up social capital: The organisation is recognised for its good governance and compliance People employed within the organisation are strengthened in the work they do Other people and organisations feel confident about their interactions with the organisation and its representatives The organisation is able to meet its commitments and continue to secure funding.
Coordinating Body for Refugee Communities (CBRC) Physical Address: 11th Floor, Auckland House, Braamfontein Tel: 011 403 4429 Fax: 011 403 8075 Service: Provides emergency accommodation for new arrivals. Makes referrals to relevant service providers Facilitates contacts with other refugees. Refugee Aid Office (RAO) Physical Address: Markade Mall-Ground floor 84 President Street (corner Kruis) City Centre (Johannesburg office) Tel: 072 785 3959 Physical Address: IDASA Building 357 Visagie Street Pretoria (Pretoria office) Tel: 012 320 2943 Fax: 012 320 2949 Email: admin@refugee-aid.org Services: Provides physical, medical, spiritual and educational needs of refugee clients. Financial assistance is not guaranteed and will only be provided as a contribution to the family in need; not a full payment of rent and food. Jesuit Refugee Services (JRS) Physical Address: 7th Floor Royal Place Building 85 Eloff Street Johannesburg Tel: 011 333 0980 Fax: 011 333 0119 Services: 1. Provides limited accommodation and assistance for new arrivals and vulnerable groups 2. Writes referral letters to hospitals and clinics 3. Provides support and counselling to refugees infected and affected by HIV/Aids 32
4. Limited Funeral Assistance 5. Assists with micro loans, depending on availability of funds. Lutheran Church of Johannesburg (Church of Peace) Physical Address: Cnr Kaptein and Claim Streets, Hillbrow, Johannesburg Tel: 011 720 7011 Services: Spiritual support and healing for victims of torture and humanitarian support Email: outreach@eiksant.co.za Mother Teresa Home Physical Address: No 76 St Georges Street, Yeoville, Johannesburg Tel: 011 648 6315 Services: Shelter for women and children, Spiritual support. Food and counselling. Papillon Development Centre Physical Address: Cnr Mabel and Lily Streets, Rosettenville Tel: 011 435 9799/1117 Email: info@papillonfoundation.co.za Services: 1. English Classes 2. Computer training 3. Feeding Scheme; Mondays Fridays between 12h00 and 13h00 4. Distributes clothing to orphans and the poor who attend the feeding scheme. People Opposing Women Abuse (POWA) Physical Address: Confidential Tel: 011 642 4345/6 Fax: 011 484 3195 Services: Telephonic and individual counselling for women, legal advice and court preparation, and shelters for abused women Fees: R1 R5 on a sliding scale depending on income. Women Refugee Care (WORECA) Physical Address: 19 Lilly Ave, Berea Tel: 076 186 1137 Services: Assists refugee and migrant woman through their pregnancy and after delivery. Southern African Centre for the Survivors of Torture Physical Address: 23 Cnr Jorissen and De Beer streets Field North Building First Floor Braamfontein Tel: 011 339 4476 Services: The Southern African Centre for Survivors of Torture is a rehabilitation centre that documents human rights violations and offers holistic medical and psychological rehabilitation services to victims/survivors of organised violence and torture perpetrated 33
within the Southern African Development Community (SADC) region. African Migrants Solidarity Physical Address: Services: African Diaspora Forum Physical Address: Tel: Fax: Email: Services: Central Methodist Church Physical Address: Tel: Fax: Email: Contact person: Services: SHELTERS Bethany Shelter Physical Address: Tel: Restrictions: Bienvenue Shelter Physical Address: Tel: Restrictions: Email: Door of Hope Physical Address: Tel: Restrictions: Email:
20 Cnr Albert & Eloff Streets Standard Building 8th floor Office 817 Johannesburg Amis assists and orients its clients to access services such as IT/Computer training, English courses & others Migrant womens sexual and reproductive health education and protection Facilitation and orientation of migrants in terms of studies or education in South Africa Ant-poverty initiatives for migrants and local communities. 47 Corner Sauer and President Streets Johannesburg 011 633 2140 011 636 8274 Africandiasporaforum@gmail.com Humanitarian assistance Integration and reintegration assistance
Corner Pritchard and Small Streets Johannesburg 011 333 7672 011 333 3254 centraldistrict@methodist.org.za Pastor Kim Alexander/Bishop Paul Verryn Emergency accommodation for new arrivals Medical assistance for immigrants Counseling to refugees infected by HIV/AIDS Pre-school and School run at the church
Cnr Millburn Road and Viljoen Street, Bertrams 011 614 3245 For Abused Women
36 Terrace Road, Bertrams 011 624 2915 For women and minors only. bienvenu@telcomsa.net 17 Doris Street, Berea. 011 432 2913 Assists newborn abandoned street children. info@doorofhope.co.za 34
Ekhaya Overnight Shelter Physical Address: Cnr Quartz and Kotze Streets, Hillbrow Tel: 011 725 6531 Fax: 011 725 6572 Restrictions: Men only. Freda Hartley Shelter for Women Physical Address: 97 Regent Street, Yeoville Tel: 011 648 6005 Restrictions: For women only. Email: s.cossa@yahoo.com.sg Jabulani Khakibos Kids Centre Physical Address: Cnr Claim and Pietersen Streets, Joubert Park Tel: 084 6201 465 Restrictions: For boys who have been on the streets. Abused, abandoned, or orphaned boys. Offers accommodation and education. Email: jaubulanikhakhiboskids@gmail.com Jesse Mission Physical Address: 74 Joel Street, Berea Tel: 011 642 4422 Restrictions: For men only. Call to check availability of rooms. Place of Refuge Physical Address: Diagonal Street, La Rochelle Tel: 011 435 7867 Restrictions: For men and women. St Francis de Sales House Physical Address: 50 Buston Street, Doornfontein Tel: 082 754 1959 Restrictions: Per referral from JRS, Maximum stay of 3 months. Must follow rules and participate in community activities. Strabane Mercy Shelter Physical Address: 98 Kerk Street, Johannesburg Tel: 011 336 2476/8 Fee: R3 per day Restrictions: Only men and women between 30 and 60 years old. The House Physical Address: 60 Olivia Road, Berea Tel: 011 642 4358 Restrictions: For girls between 12 and 18 years only. Three months limit. Also daily drop in programme with food, showers and washing facilities. Usindiso Sanctuary Physical Address: 80 Albert Street, Johannesburg Tel: 011 334 1143 Restrictions: For abused women and girls, especially those with children. Email: admit@usindiso ministries.co.za Ikayha Le Themba 35
Physical Address: Tel: Fax: Contact Person: Email: Services: Nazareth House Physical Address: Tel: Fax: Contact Person: Email: Services: 176 Smit Street Braamfontein 011 242 3038 011 242 3017 Merita Ground merita.ground@gpg.gov.za 24 hour residential sanctuary and shelter for abused women and their children Counseling for survivors of abuse Nazareth House 1 Webb Street Yeoville 011 648 1002 011 487 3643 Sister Lorraine Akal superior@nazarethhousejohannesburg.org.za Caters for: Abandoned HIV + babies and children The financially burdened and destitute frail aged Mentally challenged Destitute, terminally ill adults with AIDS
Rosebank Mercy Centre Physical Address: 17 Sturdee Avenue Rosebank Tel: 011 447 4399 Restrictions: Single Men Fee: R5 per night SOUP KITCHENS Christ the King Cathedral Physical Address: Saratoga Avenue, Joubert Park Holy Trinity Catholic Church Physical Address: 16 Stiemens street Braamfontein Tel: 011 339 2826 Fax: 086 528 9538 Email: parish@trinityjhb.co.za Gauteng Council of Churches Physical Address: St Albans Church Schoeman Street Pretoria Tel: 012 323 5187/8 Restrictions Food parcels once per month Newcomers must register with the council and present proof of asylum or refugee documents and proof of residency in Pretoria Trinity Congregating Church Physical Address: Cnr Muller and Bedford Streets Yeoville 36
10.1 Introduction
This
guide
is
intended
to
assist
legal
practitioners
in
working
with
victims
of
torture
in
South
Africa.
It
unpacks
the
definition
of
torture;
identifies
the
persons
who
are
vulnerable
to
torture
in
South
Africa;
provides
the
international
legal
framework
that
governs
torture;
details
South
Africas
domestic
obligations
regarding
torture;
as
well
as
provides
practical
steps
for
providing
legal
services
to
victims
of
torture.
What is torture?
The
United
Nations
Convention
Against
Torture
(UNCAT)37
outlaws
torture;
as
well
as
cruel,
inhuman
and
degrading
treatment
or
punishment.
South
Africa
ratified
the
UNCAT
in
1998.
It
is
thus
bound
by
the
CAT
and
must
adhere
to
the
provisions
contained
therein.
The
UNCAT
defines
torture
in
Article
1
as
any
act
by
which
severe
pain
or
suffering,
whether
physical
or
mental
is
intentionally
inflicted
on
a
person
for
such
purposes
as
obtaining
from
him
or
a
third
person
information
or
a
confession,
punishing
him
for
an
act
he
or
a
third
person
has
committed
or
is
suspected
of
having
committed,
or
intimidating
or
coercing
him
or
a
third
person,
or
for
any
reason
based
on
discrimination
of
any
kind,
when
such
pain
or
suffering
is
inflicted
by
or
at
the
instigation
of
or
with
the
consent
or
acquiescence
of
a
public
official
or
other
person
acting
in
an
official
capacity.
It
does
not
include
pain
and
suffering
arising
only
from,
inherent
in
or
incidental
to
lawful
sanctions.
The
UNCAT
does
not
define
cruel,
inhuman
or
degrading
treatment
or
punishment.
However;
it
requires
states
to
prevent
cruel,
inhuman,
degrading
treatment
or
punishment.38
Legal
practitioners
should
have
regard
to
case
law,
both
national
and
international,
to
assist
in
distinguishing
torture
from
cruel,
inhuman
or
degrading
treatment
or
punishment.
In
unpacking
Article
1
of
the
UNCAT,
the
elements
of
torture
are
as
follows:
An
act
or
omission
that
inflicts
severe
pain
or
suffering:
o Such
as
causing
physical
pain
or
suffering;
o Such
as
intentionally
withholding
food
or
medical
treatment
from
detainees;
That
is
inflicted
intentionally:
o The
act
or
omission
must
be
intentional;
o If
an
official
forgets
to
provide
a
detainee
with
food;
this
would
not
be
torture.
Rather,
if
food
is
withheld
from
a
detainee
in
order
to
solicit
a
confession
or
to
discriminate
against
the
detainee
this
would
amount
to
torture.
Must
be
inflicted
for
a
specific
purpose:
o The
UNCAT
lists
purposes
for
which
torture
is
inflicted:
to
obtain
information;
to
obtain
a
confession;
as
punishment;
as
intimidation
or
coercion;
discrimination.
o The
list
is
not
exhaustive.
37
The Convention Against Torture was adopted on 10 December 1984 through Resolution 39/46 of the General Assembly of the United Nations. It entered into force on 26 June 1987. 38 See Article 16 of CAT.
37
Must be committed by a public official or with the consent or acquiescence of a public official or person acting in an official capacity: o Includes the states failure to act. It does not include pain or suffering arising from lawful sanctions o For example when force is used in lawful state operations.
In the past in South Africa, torture was associated with political oppression. Today, certain groups of people in South Africa are particularly vulnerable to torture including: prisoners; persons in police custody; persons in immigration detention; patients in psychiatric hospitals; children in care facilities and persons in military detention.39
10.2 States have an obligation to protect groups that are especially vulnerable to torture40
The
international
legal
framework
-
The
right
to
be
free
from
torture
As
set
out
in
the
Introduction
above,
South
Africa
is
a
party
to
the
UNCAT
and
is
thus
bound
by
its
provisions.
UNCAT
requires
states
amongst
other
things
to
take
measures
to
prevent
acts
of
torture41;
to
repress
all
acts
of
torture42
and
to
guarantee
domestic
remedies
for
appeal
and
reparation
to
victims
of
torture43.
In
addition,
the
right
to
be
free
from
torture
has
the
status
of
a
peremptory
norm
under
international
law
known
as
jus
cogens.
This
means
that
it
has
a
higher
status
than
treaty
law
or
customary
law.44
Thus,
unlike
other
treaties
that
allow
state
parties
to
suspend
some
of
the
rights
under
the
treaty
in
question;
the
right
to
be
free
from
torture
is
absolute.
The
right
to
be
free
from
torture
is
also
contained
in
the
Universal
Declaration
of
Human
Rights45.
The
International
Covenant
on
Civil
and
Political
Rights
(ICCPR)
to
which
South
Africa
is
a
party46
also
prohibits
torture47
as
does
the
African
Charter
on
Human
and
Peoples
Rights
(ACHPR).48
There
are
also
other
treaties
that
a
legal
practitioner
can
have
regard
to
when
enforcing
the
rights
of
victims
of
torture
such
as
the
Convention
on
the
Rights
of
the
Child.49
39
Muntingh L, Guide to the UN Convention Against Torture in South Africa, (2011) at 13 to 15 available at http://cspri.org.za/publications/legal- guides/Guide%20to%20UN%20Convention%20Against%20Torture%20in%20South%20Africa.pdf. 40 th Committee Against Torture, Draft General Comment 2, implementation of Article 2 by State Parties, 38 Session, paragraph 21, available at http://daccess-dds- ny.un.org/doc/UNDOC/GEN/G08/402/62/PDF/G0840262.pdf?OpenElement . 41 See Article 2.1 of CAT. 42 See article 4 of CAT which requires acts of torture to be made offences under criminal law. 43 See articles 13 and 14 of CAT. 44 Dugard J International Law: a South African perspective Third Edition (2009) at 43. Other examples of premptory norms are the prohibition against slavery; genocide; racial discrimination including apartheid and the denial of self-determination. 45 See Article 5. 46 South Africa ratified the ICCPR on 10 December 1998. 47 See Article 7 of the ICCPR. 48 See Article 5 of the ACHPR. South Africa ratified the ACHPR on 9 July 2006.
38
Non-binding instruments A legal practitioner should be familiar with non-binding instruments or soft law when dealing with victims of torture. The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment50; which is commonly known as the Istanbul Protocol is a set of international guidelines for documenting torture and its consequences and is of use to legal practitioners.
See Article 37 of the Convention on the Rights of the Child (CRC). The CRC entered into force in 1990. The Correctional Services Act 111 of 1998. 51 The Constitution of the Republic of South Africa Act 108 of 1996. 52 See Section 28 (d) of the Constitution. 53 See Section 35 (e) of the Constitution. 54 The Correctional Services Act 111 of 1998. 55 See http://www.saps.gov.za/docs_publs/legislation/policies/torture.htm. 56 The Refugees Act 130 of 1998. 57 For comments on the Combating of Torture Bill see http://www.peopletoparliament.org.za/focus- areas/prisoners-and-detained-persons/resources/Comments2008.pdf .
39
Make sure that the consultation takes place in private; Be sensitive to the client; Be aware of appropriate referral resources for example medical doctors and psychological counselors; Consult with the client as soon as possible after the torture has occurred; Ensure that a detailed statement is taken from the client regarding the torture. This includes the time and location of the torture; the details of who was present during the torture; the role of each person who was present; details of any threats or psychological torture; details of any physical evidence of the torture as well as details of any witnesses to the torture.58
COMPLAINTS
For further best practices on consulting with victims of torture see Combating Torture: A manual for Judges and Prosecutors by C Foley available at http://www.essex.ac.uk/combatingtorturehandbook/manual/4_content.htm#6 59 Article 15 of CAT and Section 35 (5) of the Constitution prohibit the use of statements made as a result of torture in criminal proceedings. 60 See the IPID website at http://www.ipid.gov.za. 61 The SAHRC does not deal with complaints that fall under the mandate of the IPID. Complaint forms can be accessed on the SAHRC website at www.sahrc.org.za. 62 Association for the Prevention of Torture, The Role of Lawyers in Preventing Torture (2008), available at http://www.apt.ch/index.php?option=com_docman&task=cat_view&gid=115&Itemid=260&lang=en.
40
Advocacy efforts around the Combating of Torture Bill to ensure that the Bill complies with the UNCAT; The provision of pro bono legal services at places of deprivation of liberty to ensure that detainees are aware of their rights63; Monitoring places of detention64; Lobbying for the ratification of the Optional Protocol to the Convention Against Torture65; Assisting in compiling civil society shadow reports to the Committee Against Torture66.
The UN Committee Against Torture in its response to South Africas initial report, called upon South Africa to strengthen legal aid provision to victims of torture in South Africa. See paragraph 29 of the of the Committees 2006 report. 64 The Association for the Prevention of Torture has produced a Practical Guide for Monitoring places of detention available at http://www.apt.ch/index.php?option=com_docman&Itemid=259&lang=en. 65 The Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) has been signed by South Africa in 2006 but not yet ratified. The aim of OPCAT is to establish a system of regular visits to places of deprivation of liberty, by both independent international and national bodies. The purpose of such visits is to prevent torture and cruel, inhuman and degrading treatment. 66 The Committee Against Torture is a treaty monitoring body that is established under the CAT.
41
Fees: R1 R5 on a sliding scale depending on income. Tswaranang Legal Advocacy Centre to End Violence Against Women Physical Address: 26 Jorrisen Street, 8th Floor, Braamfontein Centre. Tel: 011 403 4267 Fax: 011 403 4275 Services: Legal counselling regarding domestic violence, rape, maintenance, custody access. University of Witwatersrand Law Clinic Physical Address: 1 Jan Smuts Ave, Braamfontein, Johannesburg Tel: 011 717 8562 Fax: 011 339 2640 Services: Provides advice and assistance with asylum procedures, appeals and reviews in case of rejected asylum applications and other general legal advice. ProBono.Org (Refugee Legal Clinic) Physical Address: 1st Floor West Wing, Womens Jail, Constitution Hill 1 Kotze Street, Braamfontein Johannesburg Tel: 011 339 6080 Fax: 011 339 6077 Website: www.probono-org.org Services: Pro Bono provides the following services for both South African citizens and non-nationals: Appeals Application for temporary residence permits Application for joining files in the case of marriage Opening of bank accounts Obtaining health care when it has been refused Where schools refuse to enroll children Approaching courts where discrimination occurs as a result of their status Return to their country of origin where possible Family reunification with a family member who has acquired refugee status in another country Legal advice to HIV positive people Legal Aid Board (LAB-Head office) Physical Address: 29 De Beer street Braamfontein Tel: 011 660 2335 Services: The LAB provides free legal services to people who cannot afford private legal assistance in South Africa through its office in every region. 42
12 APPENDICES
12.1 Appendix 1
Collins English Dictionary Complete and Unabridged HarperCollins Publishers 1991, 1994, 1998, 2000, 2003
A
list
of
vocabulary
that
can
be
useful
when
working
with
victims
of
torture
(political)
asylum
seeker
(Government,
Politics
&
Diplomacy)
(Law)
a
person
who,
from
fear
of
persecution
for
reasons
of
race,
religion,
social
group,
or
political
opinion,
has
crossed
an
international
frontier
into
a
country
in
which
he
or
she
hopes
to
be
granted
refugee
status
1.
(Law)
an
impression
of
the
pattern
of
ridges
on
the
palmar
surface
of
the
end
joint
of
each
finger
and
thumb
2.
any
identifying
characteristic
1.
To
take
the
fingerprints
of.
2.
To
identify
by
means
of
a
distinctive
mark
or
characteristic.
Law
a.
A
court
judgment,
especially
a
judicial
decision
of
the
punishment
to
be
inflicted
on
one
adjudged
guilty.
b.
The
penalty
meted
out.
1. Hold
in
custody/imprisonment.
2. The
act
of
keeping
back,
restraining,
or
withholding,
either
accidentally
or
by
design,
a
person
or
thing.
3. Detention
occurs
whenever
a
police
officer
accosts
an
individual
and
restrains
his
or
her
freedom
to
walk
away,
or
approaches
and
questions
an
individual,
or
stops
an
individual
suspected
of
being
personally
involved
in
criminal
activity.
Such
a
detention
is
not
a
formal
arrest.
Physical
restraint
is
not
an
essential
element
of
detention.
Detention
is
also
an
element
of
the
tort
of
False
Imprisonment.
1. File
a
formal
charge
against;
"The
suspect
was
charged
with
murdering
his
wife"
2. Lodge,
charge
3. Accuse,
criminate,
incriminate,
impeach
-
bring
an
accusation
against;
level
a
charge
against;
"The
neighbors
accused
the
man
of
spousal
abuse"
4. Impeach
-
charge
(a
public
official)
with
an
offense
or
misdemeanor
committed
while
in
office;
"The
President
was
impeached"
1.
To
place
(a
document,
letter,
etc.)
in
a
file
2.
(To)
put
on
record,
especially
to
place
(a
legal
document)
on
public
or
official
record;
register
3.
(Law)
(to)
to
bring
(a
suit,
esp.
a
divorce
suit)
in
a
court
of
law
1.
(Law)
the
investigation
of
a
matter
by
a
court
of
law,
esp.
the
preliminary
inquiry
into
an
indictable
crime
by
magistrates
43
fingerprint/to get
fingerprinted sentence
to file (a charge/complaint)
hearing
judge 2. (Law) a formal or official trial of an action or lawsuit 1. One who judges, especially: 2. One who makes estimates as to worth, quality, or fitness: a good judge of used cars; a poor judge of character. 3. Abbr. J. Law A public official who hears and decides cases brought before a court of law. 1. A person legally appointed by another to act as his or her agent in the transaction of business, specifically one qualified and licensed to act for plaintiffs and defendants in legal proceedings. 2. (Law) (Business / Professions) South African a solicitor A written declaration made under oath before a notary public or other authorized officer Law 1. An action or a suit or just grounds for an action. 2. The facts or evidence offered in support of a claim. 3. A set of reasons or supporting facts; an argument: presented a good case for changing the law. 4. A person being assisted, treated, or studied, as by a physician, lawyer, or social worker. 1. An earnest or urgent request, entreaty, or supplication. 2. A resort to a higher authority or greater power, as for sanction, corroboration, or a decision: an appeal to reason; an appeal to her listener's sympathy. 3. Law: a. The transfer of a case from a lower to a higher court for a new hearing. b. A case so transferred. c. A request for a new hearing. 1. An official government document that certifies one's identity and citizenship and permits a citizen to travel abroad. 2. An official permit issued by a foreign country allowing one to transport goods or to travel through that country. 1. The movement of non-native people into a country in order to settle there. 1. Infliction of severe physical pain as a means of punishment or coercion. b. An instrument or a method for inflicting such pain. 2. Excruciating physical or mental pain; agony: the torture of waiting in suspense. 3. To twist or turn abnormally; distort: torture a rule to make it fit a case. 1.The act of becoming formally connected or joined; (with a groups, associations, institutions, etc).
attorney
affidavit case
passport
44
border guards 1. The border guard, frontier guard, border patrol, border police, or frontier police of a country is a national security agency that performs border control, i.e., enforces the security of the country's national borders. In different states, these forces have different official names, subordinations and jurisdiction. 2. The Border Guard may also perform delegated customs and immigration control duties. 1. A dictatorship is defined as an autocratic form of government in which an individual, the dictator, rules the government. 2. In modern usage, the term "dictator" is generally used to describe a leader who holds and/or abuses an extraordinary amount of personal power, especially the power to make laws without effective restraint by a legislative assembly 1. Smuggling is the secret transportation of goods or persons past a point where prohibited, such as out of a building, into a prison, or across an international border, in violation of applicable laws or other regulations. 2. With regard to people smuggling, a distinction can be made between people smuggling as a service to those wanting to illegally migrate, and the involuntary trafficking of people. People smuggling can also be used to rescue a person from oppressive circumstances. 3. There are various motivations to smuggle. These include the participation in illegal trade, such as drugs, illegal immigration or emigration, tax evasion, providing contraband to a prison inmate, or the theft of the items being smuggled. Examples of non-financial motivations include bringing banned items past a security checkpoint (such as airline security) or the removal of classified documents from a government or corporate office. Persecution is the systematic mistreatment of an individual or group by another group. The most common forms are religious persecution, ethnic persecution, and political persecution, though there is naturally some overlap between these terms. The inflicting of suffering, harassment, isolation, imprisonment, fear, pain or exclusion 1. Electrocution is the stopping of life (determined by a stopped heart) by any type of electric shock. In the vernacular, the term electrocution is used to mean: death, murder or suicide by electric shock. 2. Deliberate execution by electric shock, usually involving an electric chair; the word "electrocution" is a portmanteau for "electrical execution" 3. Electrocution is also frequently used to refer to any electric shock received but is technically incorrect. 1. Harassment covers a wide range of offensive behaviour. It is commonly understood as behaviour intended to disturb or upset. In the legal sense, it is behaviour, which is found threatening or disturbing. 2. A forced disappearance (or enforced disappearance) occurs 45
dictator/dictatorship
to smuggle (people)
persecution
electrocution
disappeared harassment
when a person is secretly imprisoned or killed by agents of the state or by another party, such as a terrorist or criminal group. The party responsible for a disappearance does not admit to having carried out the act, thereby placing the victim outside the protection of the law. 1. Bribery, a form of corruption, is an act implying money or gift given that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty. 2. The bribe is the gift bestowed to influence the recipient's conduct. It may be any money, good, right in action, property, preferment, privilege, emolument, object of value, advantage, or merely a promise or undertaking to induce or influence the action, vote, or influence of a person in an official or public capacity. A nightmare is a dream that can cause a strong negative emotional response from the sleeper, typically fear and/or horror. The dream may contain situations of danger, discomfort, psychological or physical terror. Sufferers usually awaken in a state of distress and may be unable to return to sleep for a prolonged period of time. [ 1. To hide aboard a ship or a plane to get free transportation; "The illegal immigrants stowed away on board the freighter" 2. hide out, hide - be or go into hiding; keep out of sight, as for protection and safety 1. The act of demonstrating 2. (Government, Politics & Diplomacy) a manifestation of grievances, support, or protest by public rallies, parades, etc. 3. A manifestation of emotion 4. (Military) a show of military force or preparedness
to bribe
nightmare
stowaway
demonstration
United Nations. (2004). Istantbul Protocol Manual for the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Professional Training Series, No 8/Rev.1. Geneva.
46
Reason for exam: Subjects ID No.: Clinicians name: Interpreter (yes/no), name: Informed consent: yes/no If no informed consent, why? Subject accompanied by (name/position): Persons present during exam (name/position): Subject restrained during exam: yes/no; If yes, how/why? Medical report transferred to (name/position/ID No.): Transfer date: Transfer time: Medical evaluation/investigation conducted without restriction (for subjects in custody): yes/no Provide details of any restrictions II. Clinicians qualifications (for judicial testimony) Medical education and clinical training Psychological/psychiatric training Experience in documenting evidence of torture and ill-treatment Regional human rights expertise relevant to the investigation Relevant publications, presentations and training courses Curriculum vitae. III. Statement regarding veracity of testimony (for judicial testimony) For example: I personally know the facts stated below, except those stated on information and belief, which I believe to be true. I would be prepared to testify to the above statements based on my personal knowledge and belief. IV. Background information General information (age, occupation, education, family composition, etc.) Past medical history Review of prior medical evaluations of torture and ill-treatment Psychosocial history pre-arrest. V. Allegations of torture and ill-treatment 11. Summary of detention and abuse 12. Circumstances of arrest and detention 13. Initial and subsequent places of detention (chronology, transportation and detention conditions) 14. Narrative account of ill-treatment or torture (in each place of detention) 15. Review of torture methods. VI. Physical symptoms and disabilities Describe the development of acute and chronic symptoms and disabilities and the subsequent healing processes. 11. Acute symptoms and disabilities 12. Chronic symptoms and disabilities. VII. Physical examination 11. General appearance 12. Skin 13. Face and head 14. Eyes, ears, nose and throat 15. Oral cavity and teeth 16. Chest and abdomen (including vital signs) 17. Genito-urinary system 18. Musculoskeletal system 19. Central and peripheral nervous system. 47
VIII. Psychological history/examination 11. Methods of assessment 12. Current psychological complaints 13. Post-torture history 14. Pre-torture history 15. Past psychological/psychiatric history 16. Substance use and abuse history 17. Mental status examination 18. Assessment of social functioning 19. Psychological testing: (see chapter VI, sect. C.1, for indications and limitations) 10. Neuropsychological testing (see chapter VI, sect. C.4, for indications and limitations). IX. Photographs X. Diagnostic test results (see annex II for indications and limitations) XI. Consultations XII. Interpretation of findings 1. Physical evidence A. Correlate the degree of consistency between the history of acute and chronic physical symptoms and disabilities with allegations of abuse. B. Correlate the degree of consistency between physical examination findings and allegations of abuse. (Note: The absence of physical findings does not exclude the possibility that torture or ill- treatment was inflicted.) C. Correlate the degree of consistency between examination findings of the individual with knowledge of torture methods and their common after-effects used in a particular region. 2. Psychological evidence A. Correlate the degree of consistency between the psychological findings and the report of alleged torture. B. Provide an assessment of whether the psychological findings are expected or typical reactions to extreme stress within the cultural and social context of the individual. C. Indicate the status of the individual in the fluctuating course of trauma-related mental disorders over time, i.e. what is the time frame in relation to the torture events and where in the course of recovery is the individual? D. Identify any coexisting stressors impinging on the individual (e.g. ongoing persecution, forced migration, exile, loss of family and social role, etc.) and the impact these may have on the individual. E. Mention physical conditions that may contribute to the clinical picture, especially with regard to possible evidence of head injury sustained during torture or detention. XIII. Conclusions and recommendations 1. Statement of opinion on the consistency between all sources of evidence cited above (physical and psychological findings, historical information, photographic findings, diagnostic test results, knowledge of regional practices of torture, consultation reports, etc.) and allegations of torture and ill-treatment. 2. Reiterate the symptoms and disabilities from which the individual continues to suffer as a result of the alleged abuse. 3. Provide any recommendations for further evaluation and care for the individual. XIV. Statement of truthfulness (for judicial testimony) For example: I declare under penalty of perjury, pursuant to the laws of ........ (country), that the foregoing is true and correct and that this affidavit was executed on ................. (date) at ............. (city), ............ (State or province). 48
XV. Statement of restrictions on the medical evaluation/investigation (for subjects in custody) For example: The undersigned clinicians personally certify that they were allowed to work freely and independently and permitted to speak with and examine (the subject) in private, without any restriction or reservation, and without any form of coercion being used by the detaining authorities; or The undersigned clinician(s) had to carry out his/her/their evaluation with the following restrictions: ........... XVI. Clinicians signature, date, place XVII. Relevant annexes A copy of the clinicians curriculum vitae, anatomical drawings for identification of torture and ill treatment, photographs, consultations and diagnostic test results, among others.
49