Heisler Michele, Moreno Alejandro, DeMonner Sonya, Keller Allen, Iacopino Vincent
JAMA. 2003;289(16):2135-43. doi: 10.1001/jama.289.16.2135.
International and Mexican human rights organizations have documented torture of detainees (ie, those held and indicted but not sentenced) in all 31 states and the Federal District of Mexico, but little is known about the attitudes and experiences of forensic physicians examining detainees.
To assess forensic physicians' experiences with and attitudes toward the nature and extent of torture and ill treatment among detainees examined in the previous year.
DESIGN, SETTING, AND PARTICIPANTS: With the support of the Mexican Office of the Federal Attorney General, as part of a larger initiative to implement governmental reforms to eradicate torture in Mexico, an anonymous, self-administered, written, 80-item survey designed to assess correspondence of physician practices and attitudes with international standards on forensic investigation and documentation of torture was distributed to all federal forensic physicians (n = 115) and a convenience sample of state forensic physicians (n = 99) in Mexico in 2002.
Estimates of the numbers of federal detainees medically evaluated and numbers of cases of suspected, alleged, and documented torture or ill treatment among federal detainees; factors interfering with documentation of forensic evidence; physicians' attitudes toward torture; measures that would help them document torture; and recommendations for reform.
Survey responses were received from 93 (81%) federal and 91 (92%) state forensic physicians. Forty-nine percent of federal physicians and 58% of state physicians reported that torture is a severe problem for detainees in Mexico. Federal physicians estimated that they had conducted 26 445 to 30 650 or more medical evaluations of the 13 000 federal detainees in the past year and that between 1658 and 4850 of these detainees had alleged torture; these physicians also estimated that they had documented evidence of torture in a range of 285 to 1090 cases. Forty percent of respondents had suspected torture and/or ill treatment of detainees examined during the previous year, 64% had examined detainees who alleged these practices had occurred, and 49% had documented forensic evidence of torture among these detainees. Respondents reported that lack of photographic equipment and services (58%), inadequate monitoring and accuracy of medical examinations (36%), inadequate documentation of torture (29%), limitations in their training (28%), fear of reprisals for documenting torture (23%), and fear of coercion by police officials (18%) are factors that interfere with documentation of torture and ill treatment of detainees. Respondents further reported the need for additional training (98%), standardized protocols and documentation procedures for use in cases of alleged or suspected torture and/or ill treatment (81%), and monitoring to ensure the quality and accuracy of medical evaluations (95%).
Torture and ill treatment of detainees is a major problem in Mexico facilitated by multiple medical and legal factors. Mexican forensic physicians support measures to improve forensic documentation of torture and ill treatment of detainees.
国际和墨西哥人权组织已记录了在墨西哥所有31个州及联邦区对被拘留者(即被关押、起诉但未判刑者)的酷刑情况,但对于检查被拘留者的法医的态度和经历却知之甚少。
评估法医在前一年检查的被拘留者中,对酷刑和虐待的性质及程度的经历和态度。
设计、地点和参与者:在墨西哥联邦总检察长办公室的支持下,作为墨西哥政府根除酷刑改革的一项更大举措的一部分,2002年向墨西哥所有联邦法医(n = 115)和一个州法医便利样本(n = 99)发放了一份80项的匿名自填式书面调查问卷,旨在评估医生的做法和态度与国际法医调查及酷刑记录标准的相符程度。
接受医学评估的联邦被拘留者人数估计,以及联邦被拘留者中疑似、声称遭受和记录在案的酷刑或虐待案件数量;妨碍法医证据记录的因素;医生对酷刑的态度;有助于他们记录酷刑的措施;以及改革建议。
收到了93名(81%)联邦法医和91名(92%)州法医的调查回复。49%的联邦医生和58%的州医生报告称,酷刑是墨西哥被拘留者面临的一个严重问题。联邦医生估计,他们在过去一年里对13000名联邦被拘留者进行了26445至30650次或更多的医学评估,其中1658至4850名被拘留者声称遭受了酷刑;这些医生还估计,他们记录了285至1090例酷刑证据。40%的受访者怀疑在前一年检查的被拘留者遭受了酷刑和/或虐待,64%的受访者检查过声称遭受这些行为的被拘留者,49%的受访者记录了这些被拘留者遭受酷刑的法医证据。受访者报告称,缺乏摄影设备和服务(58%)、医学检查的监测和准确性不足(36%)、酷刑记录不充分(29%)、培训有限(28%)、担心因记录酷刑而遭到报复(23%)以及担心受到警察官员的胁迫(18%)是妨碍记录被拘留者酷刑和虐待情况的因素。受访者还进一步报告需要额外培训(98%)、在涉嫌或疑似酷刑和/或虐待案件中使用的标准化方案和记录程序(81%)以及监测以确保医学评估的质量和准确性(95%)。
在墨西哥,多种医学和法律因素助长了对被拘留者的酷刑和虐待。墨西哥法医支持采取措施改善对被拘留者酷刑和虐待情况的法医记录。