Morentin Benito, Petersen Hans D, Callado Luis F, Idoyaga M Itxaso, Meana J Javier
Section of Forensic Pathology, Basque Institute of Legal Medicine, Barroeta Aldamar 10, planta - 1, E-48001 Bilbao, Bizkaia, Spain.
Forensic Sci Int. 2008 Nov 20;182(1-3):57-65. doi: 10.1016/j.forsciint.2008.10.002. Epub 2008 Nov 7.
According to the United Nations and the European Committee for the Prevention of Torture (CPT), torture and ill-treatment continues to be a problem during incommunicado detentions in Spain. CPT has visited Spain and published recommendations for improvements of preventive medical examinations. However, no scientific assessment of the impact of such recommendations exists. The objectives of this study were to assess the quality of documents from preventive medical examinations and the prevalence of alleged ill-treatment and compare findings with similar data from a previous study. Documents issued by state employed doctors describing medical examination of Basques held incommunicado during 2000-2005 were reviewed. The analysis covered allegations of ill-treatment and existence and quality of information essential for medical appraisal of allegations of ill-treatment. The material was collected by a non-governmental organisation. Of 425 documents concerning 118 persons, 85% had no formal structure and the format recommended by CPT was never used. None of 127 documents, concerning 70 persons with allegations of ill-treatment had an overall conclusion on the likelihood of ill-treatment. Twelve to 68% of necessary data were totally missing, and only 13-38% of existing information was sufficient. There was significant variation between the reporting of individual doctors, but in general the quality was unacceptable, although somewhat higher than in the previous study. The prevalence of allegations of ill-treatment was as high as previously. There were more reports of psychological ill-treatment and procedures of forced physical exhaustion, but fewer reports of beatings. In conclusion, there was no indication that the conditions of incommunicado detainees have improved substantially over the past 15 years and the standard of medical reporting was unacceptable. The Spanish authorities should give clear objectives and guidelines for medical examinations of detainees. An independent forensic specialist with the overall academic responsibility for preventive medical examinations of detainees should be employed to supervise state employed doctors. The present article shows the necessity for harmonization of medical practice in documentation of torture.
根据联合国和欧洲防止酷刑委员会（CPT）的说法，在西班牙的单独监禁期间，酷刑和虐待仍然是一个问题。CPT已访问西班牙并发布了改进预防性医疗检查的建议。然而，目前尚无对这些建议影响的科学评估。本研究的目的是评估预防性医疗检查文件的质量以及所称虐待行为的发生率，并将研究结果与之前一项类似研究的数据进行比较。我们审查了国家雇佣医生出具的关于2000年至2005年期间被单独监禁的巴斯克人的医疗检查文件。分析涵盖了虐待指控以及对虐待指控进行医学评估所必需的信息的存在情况和质量。这些材料由一个非政府组织收集。在涉及118人的425份文件中，85%没有正式结构，且从未使用CPT推荐的格式。在涉及70名有虐待指控的人的127份文件中，没有一份对虐待可能性给出总体结论。12%至68%的必要数据完全缺失，现有信息中只有13%至38%是充分的。个别医生的报告存在显著差异，但总体质量仍不可接受，不过比之前的研究略高。虐待指控的发生率与之前一样高。心理虐待和强迫身体疲劳程序的报告增多，但殴打报告减少。总之，没有迹象表明在过去15年里单独监禁被拘留者的状况有了实质性改善，医疗报告的标准也不可接受。西班牙当局应为被拘留者的医疗检查设定明确目标和指导方针。应聘用一名对被拘留者预防性医疗检查负有全面学术责任的独立法医专家来监督国家雇佣的医生。本文表明了在记录酷刑的医疗实践中进行统一的必要性。
