The inform, produced in collaboration with the Red Cross EU Office and the Swedish Red Cross, provides an overview of the guidance and training available for early detection and identification of victims of torture and/or ill-treatment in international protection procedures across EMN Member and Observer Countries. It emphasizes the importance of robust procedural safeguards and outlines the practices used by asylum authorities to ensure survivors of torture receive the care they need during the asylum process.
Under international human rights law, including the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, the prohibition of torture is a non-derogable human right. Despite this, data on the prevalence of torture among applicants for international protection is limited. According to estimates, there were around 400,000 survivors of torture in the EU as of 2010, with 30-60% of international protection applicants who seek medical attention being survivors of torture. Many of these individuals face mental health challenges such as PTSD, anxiety, and depression, which can impact their ability to present their claims for international protection effectively. The inform highlights the importance of medico-legal reports as essential evidence in support of their claims, although challenges remain due to the lack of data on the procedural safeguards across different stages of the asylum process.
In the majority of EMN Member and Observer Countries, asylum authorities receive general training on identifying victims of torture, primarily through national programs or dedicated sessions. Medico-legal documentation, which plays a crucial role in proving claims of torture, is typically requested by case workers on a case-by-case basis. The approach to medico-legal documentation differs across EMN Member and Observer Countries. Only a few maintain official lists of designated medical professionals or set specific criteria for the acceptance of such evidence. More than half of the participating countries permit applicants to submit documentation directly. In many cases, the training and guidelines for identifying victims of torture are provided by the European Union Asylum Agency (EUAA), NGOs, or international organisations, although countries like France and Sweden have created their own national guidance.
Despite these advancements, the inform highlights ongoing challenges, including difficulties in creating safe environments for victims to report their experiences, coordination gaps between stakeholders, and the absence of formal application processes for authorities to detect and identify victims of torture and/or ill-treatment. Nevertheless, the report identifies several good practices from EMN Member and Observer Countries, such as fostering cooperation among stakeholders, launching awareness campaigns to facilitate self-reporting and developing specialised centres for medical care, which help to improve the identification process and support for victims of torture.
The inform ‘Practices and Challenges in Identifying Victims of Torture and/or Ill-treatment in the Context of International and Temporary Protection’ is available in the Publications Section of the EMN website.