EMN – Red Cross EU joint inform explores practices and challenges in identifying victims of torture and/or ill-treatment in the context of international and temporary protection
23.09.2024In collaboration with the Red Cross EU Office and the Swedish Red Cross, this inform aims to provide an overview of EMN Member (EU Member States except Denmark) and Observer Countries’(NO, GE, MD, UA, ME, AM, RS) guidance and training on early detection and identification of victims of torture and/or ill-treatment in international protection procedures. It outlines procedural safeguards and guidance for asylum authorities when requesting medico-legal documentation in international protection applications, and it details practices for identifying victims among beneficiaries of temporary protection (BoTP) to provide medical care, in line with the Temporary Protection Directive.
In the context of international protection procedures, competent authorities in most EMN Member and Observer Countries receive general training through national programmes or dedicated sessions, with the objective of ensuring early detection of torture victims. Medico-legal documentation can provide important evidence for their torture and/or ill-treatment. It is typically requested on a case-by-case basis by case workers and is crucial to support claims and access treatment and rehabilitation.
Guidelines for medico-legal documentation vary, with only some EMN Member and Observer Countries maintaining lists of designated medical practitioners or specific criteria for evidence consideration. Over half of the responding countries allow applicants to submit documentation directly. Often, training and guidance for detecting victims of torture come from the European Union Asylum Agency (EUAA), NGOs, or international organisations, with some countries like France and Sweden developing their own guidance.
Key challenges in these procedures include creating a safe environment and appropriate conditions for victims to report their experiences and have their claims assessed. Good practices reported by EMN Member and Observer Countries include fostering cooperation among stakeholders, promoting processes that accommodate different needs, and enhancing information exchange to support survivors.
Identifying victims of torture BoTP is particularly challenging due to the absence of a formal application process where the authorities can identify and detect victims of torture and/or ill-treatment. However, some EMN Member and Observer Countries have introduced protocols, specialised centres providing tailored medical services, and launched awareness campaigns to facilitate self-reporting.
You cand find the inform here.