Protocol on medico-legal documentation of threats

Abstract

Introduction. The use of threats remains prevalentin law enforcement practices in manyparts of the world. In studies with torture survivors,credible and immediate threats havebeen considered a distinctly harmful methodof torture. Notwithstanding this prevalence,there is a considerable degree of difficulty inlegally substantiating and establishing harmsproduced by threatening acts. It is also generallydifficult to clearly identify the harmsthat go beyond the fear and stress inherent(therefore not unlawful) in law enforcementpractices. We present a Protocol on Medico-Legal Documentation of Threats. The aimof the Protocol is to improve documentationand assessment of harms so that stronger legalclaims can be submitted to local and internationalcomplaints mechanisms.Methods. The Protocol has been developedbased on a methodology initiated by the PublicCommittee against Torture in Israel (PCATI),REDRESS and the DIGNITY - Danish Instituteagainst Torture (DIGNITY) involving:compilation and review of health and legalknowledge on threats; initial drafting by thelead author; discussion among the members ofthe International Expert Group on PsychologicalTorture; pilot-testing in Ukraine by localNGO Forpost; adjustments were made accordingto the results of the pilot study.Results. We present the final Protocol anda Quick Interviewing Guide. This Protocol iscognisant of the significance of the specificsocial, cultural, and political contexts in whichthreats are made and might be subjected to adaptationsto specific contexts. We hope that itwill improve the documentation of threats asa torture method or as part of a torturing environment,as well as inform efforts on theirprevention more broadly.