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SEVERE PAIN AND SUFFERING AS EFFECTS OF TORTURE: DETECTION IN MEDICAL AND LEGAL PRACTICE
Yu Tavolzhanska1, S Grynchak1, V Pcholkin2
11Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
Georgian Medical News
|December 3, 2020
Summary
Joint medical and legal detection of torture effects is crucial for accurate assessment. Neither medical nor legal practices are sufficient alone, requiring integrated approaches for identifying severe pain and suffering.
Area of Science:
- Forensic Medicine
- Medical Law
- Criminal Law
- Human Rights Law
Background:
- Torture detection requires interdisciplinary collaboration between medical and legal professionals.
- Existing research highlights the limitations of isolated medical or legal assessments in identifying torture effects.
- This study builds upon previous work on the criminal law aspects of torture.
Purpose of the Study:
- To identify key features in the medical and legal detection of torture effects.
- To determine the relationship between medical practice and legal investigative/judicial practice in this detection.
- To emphasize the necessity of a combined approach for accurate identification of torture's impact.
Main Methods:
- Analysis of 41 court decisions on torture cases (2014-2019).
- Application of analytical, inductive, statistical, and systemic research methods.
- Review of specialized medical journals, rehabilitation center publications, legal codes, and international human rights documents.
Main Results:
- Effective detection of torture effects hinges on the synergistic integration of medical and legal practices.
- Medical assessments must identify both immediate (severe pain/suffering) and long-term (physical, psychosomatic, mental) consequences.
- Legal practices require a comprehensive toolkit, including scientific methods, medical reports, forensic examinations, and investigative evidence.
Conclusions:
- Neither medical nor legal evaluations are sufficient in isolation; mutual contextualization is essential.
- Developing unified guidelines for joint medical and legal detection of severe pain and suffering is a priority for the scientific community.
- A holistic approach, integrating diverse evidence, is vital for correctly addressing torture-related cases.
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