Care Full. Medico-legal reports and the quality of asylum procedures

(A joint initiative by Pharos, Amnesty International and the Dutch Council for Refugees)
Newsletter June 2009
Newsletter June 2008
In Holland – as in most other countries in the EU – medical and psychological knowledge is of little influence within the asylum procedures. Bodily signs, psychological symptoms, as well as certain behavior that could have a link with traumatic experiences, is not asked for or examined at all during the 48 hours in which asylumseekers have to prove the legality of their claim.
At the end of the previous century the Istanbul Protocol ((Manual on the effective investigation and documentation of torture and other cruel inhuman or degrading treatment or punishment) has been developed by medical doctors and human rights organisations. In 2004, it became a directive by the United Nations.

By means of the Istanbul Protocol it is possible to examine and document the medical and mental impact of torment and other inhuman treatment. Download The Istanbul protocol

Medical and psychological research in the field of traumatization and memory show that neurophysiological phenomena during and after the traumatic experience interact with the capacity to retrieve memories of the event. Because of that, a considerable part of the asylum seekers have serious problems giving a fulll and coherent account of what happened (the asylum story). The quality of the asylum application can be improved by providing for a medical examination within the asylum procedure. This examination can determine possible medical and mental problems within the context of the asylum application. This leads to a qualitative better decision on the asylum application. Medical examination ensures moreover that the asylum procedure is in line with directives such as the Istanbul Protocol. Finally the asylum seeker himself will
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