EMN- Red Cross EU inform 'Practices and challenges in processing victims of torture and ill-treatment in the context of international and temporary protection'

Many individuals fleeing war, armed conflict and persecution around the world have experienced are affected by trauma due to experiences that include torture and ill-treatment.

International and EU law prohibit torture and guarantee rights and protection for survivors of torture and ill-treatment. Asylum seekers who have endured torture or ill-treatment often face severe mental health consequences, making it difficult for them to make their cases and increasing the risk of their request being rejected. Yet, the limited data available across EU Member States makes it difficult to grasp the scope of the issue among applicants for international protection.

Some National Red Cross Societies across Europe serve as the first point of contact for individuals upon arrival. They help identify those who are traumatised and direct them to appropriate services for support.  The Swedish Red Cross, for example, runs five treatment centres for persons affected by war and torture and collaborates with relevant authorities to raise awareness and develop specialized training and tools to improve the identification and documentation of torture and ill-treatment.

This new EMN – Red Cross EU Inform explores how different countries detect and identify survivors of torture and ill-treatment among people seeking international protection. Importantly, it aims to shed more light on whether countries are implementing the Istanbul Protocol, the internationally accepted standard for identifying and documenting signs of torture and serious physical or psychological violence. Additionally, it provides information on the criteria used by authorities to carry out and evaluate medico-legal reports, which are crucial for supporting evidence in asylum claims and access to treatment and rehabilitation.

The inform highlights the following key issues:

• There is no standard practice across most countries for conducting medico-legal reports. They are typically requested on a case-by-case basis by case workers, often when signs of torture are discovered during asylum interviews or health screenings. This lack of consistency can disadvantage individuals, as such reports are crucial for their asylum claims.
• Many countries have criteria for accepting medico-legal reports as evidence, but these do not always adhere with Istanbul Protocol standards
• Key challenges in identifying torture survivors include mental health issues that may hinder their engagement in the asylum process, lack of trust in authorities, and the limited time available in asylum procedures to explain their situation.

Trauma can greatly affect a person's ability to participate effectively in asylum processes and adapt to their new life. Survivors might avoid discussing or thinking about their traumatic experiences, which can hinder their ability to provide detailed accounts during interviews.

Therefore, we believe it is essential:

• For authorities to be trained in recognising when memory issues and symptoms impact the narrative and in helping individuals stay grounded in the present, providing trauma-informed support when these reactions occur. Authorities should receive basic training to recognise that trauma symptoms may affect an individual's narrative and to provide appropriate support (including referrals) in these situations.
• For interviewers to offer careful support and build trust with the survivors. Screening and documentation should be conducted in a calm and supportive environment and ideally over multiple sessions.
• Ensure that asylum professionals and other relevant professionals are trained on the Istanbul Protocol which is the internationally recognized set of best-practice standards that States must follow when investigating allegations of torture. Conducting medico-legal examinations in accordance with these standards is crucial, as they provide guidance to health and legal professionals in assessing, documenting, and presenting evidence in cases involving torture survivors.

Read the Inform to learn more.