Presenting evidence of torture at immigration tribunals in the United Kingdom.
نویسنده
چکیده
Sir, Physicians who write medico-legal reports to document torture may be called to present evidence at immigration tribunals. In the United Kingdom such attendance is uncommon and, perhaps for this reason, training in this skill is often limited. Practical aspects of attendance at immigration tribunals as a medical witness are outlined here, based upon the author’s experience. The client’s lawyer is normally responsible for requesting the physician to attend as a witness. This usually occurs by telephone and often at short notice. At the tribunal there are typically around five courts in session every day, each with a separate judge. A judge will normally consider about five separate hearings per day, one of which is often an asylum case. Asylum cases frequently incorporate the claims of all the separate members of a client’s family and thus more than one appeal might be under consideration at the same time. Witnesses should expect a delay in entering the court building due to routine screening of all visitors with a metal detector. About half an hour before the hearing commences, the witness meets in private with the client's lawyer. This includes a review of the evidence to be considered and preparation for the questions that the witness is likely to face. A medical witness attends only for the portion of a client’s tribunal that directly relates to allegations of torture. One must therefore wait until summoned into the courtroom. If aware that a medical witness is waiting, the judge may prioritize the order of court proceedings to release the physician early. Whilst waiting, witnesses are seated in a communal area along with clients and their families. Clients report feeling reassured by the attendance of a medical witness. Nevertheless, as the waiting space is visible to legal representatives it is prudent not to associate too familiarly with clients. In order not to cause offence to the client, it is therefore important to explain why this is so and that for the same reason the physician will not normally acknowledge the client inside the courtroom. A physician may also encounter other known clients whose hearing happens to fall on the same day. This is potentially awkward as it risks appearing to provide special support for one individual. A medical witness typically appears before the court for between thirty minutes and one hour. The hearing is a formal and potentially intimidating environment. The judge is seated upon a platform above the Presenting evidence of torture at immigration tribunals in the United Kingdom
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عنوان ژورنال:
- Torture : quarterly journal on rehabilitation of torture victims and prevention of torture
دوره 22 1 شماره
صفحات -
تاریخ انتشار 2012