Torture and Maltreatment in Prison: A Medico-Legal Perspective

Abstract

The maltreatment and torture of prisoners constitute a global problem. Methods of maltreatment are classified as the psychological and the physical, and physical methods inevitably lead to psychological sequelae. Our review offers an analysis from the medico-legal perspective of the literature on the torture and physical and sexual abuse experienced by prisoners and their psychological sequelae and aims to investigate the medico-legal issues of investigating maltreatment in prison so as to suggest methodologies and updated approaches for dealing with such cases in a forensic context. We performed a comprehensive literature search of peer-reviewed publications (articles and reviews), research reports, case studies, books, service models, protocols, and institutional documents available online using key electronic databases (Scopus, PubMed) and search engines (Google Scholar) with the following keywords: physical violence, psychological violence, torture, maltreatment, physical abuse, psychological abuse AND prison OR prisoner OR jail OR custody. In the medical literature, most of the publications on torture are based on retrospective studies of torture among survivors and often refer to asylum seekers. Forensic evaluation is crucial for assessing the determinant elements of torture and maltreatment. A multidisciplinary approach and standardized and updated methodologies are needed to support policymakers, national institutions, and public health system initiatives in this field.

Respect for bioethical principles and human rights in prisons: a systematic review on the state of the art

“…In California, in fact, the Court ordered a renovation of the healthcare system costing millions of dollars [ 65 , 66 ]. Episodes of torture and physical violence are very frequent in prisons, with frequent and important neurological/psychiatric sequelae of prisoners [ 67 , 68 ]. This systematic review has clearly highlighted the critical points of respect for bioethics in the prison system.…”

Ill-treatment in the Chilean prison system – an analysis of reports presented by the National Institute of Human Rights (INDH) and their handling by the legal actors

“…See: (Tapia Silva, M. 2023, p. 144ff ). 34 In their study Albano et al (2023) "The victims state that, on 22 December 2021, at approximately 14:00 hours, a search was carried out [...]:00 hours, a search procedure was carried out [...] They state that the reason for this action by the prison guards was due to the fact that at that time there was an argument with an official who denied them the daily yard time they were entitled to [...].In this context, the victims say that the alarms of the prison unit immediately went off and approximately 20 prison guards entered their dormitory, proceeded to throw pepper spray in their faces and beat them with their service batons, kicking them and hitting them with their fists on their bodies. Subsequently, they ordered all the inmates to leave the dormitory and to go down the staircase leading to the corridor of the "fifth gate".…”

Ethical and Forensic Issues in the Medico-Legal and Psychological Assessment of Women Asylum Seekers

“…The importance of the medico-legal/psychological assessment of the psycho-physical outcomes of intentional violence in asylum seekers and the risks related to deficiencies in the forensic assessment is internationally recognized [15,16,[18][19][20][21][22][23][24][25][26], and provides for a judgment of "compatibility" between the asylum seeker's narrative of the events that occurred and the physical and psychic signs/outcomes/sequelae detectable at the time of the visit.…”