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The Copenhagen Declaration on
Torture and Forced Migration
Monday, 31 March 2014
We, the undersigned
Council Members of the International Rehabilitation Council for Torture Victims (IRCT), representing health professionals who care for Victims and survivors of torture throughout the world, Gathered at the Annual Council Meeting in Copenhagen, Denmark, 27 and 28 March 2014,
Bearing in mind that:
Persons who have experienced torture1 and are forced to leave their country constitute a par-ticularly vulnerable group of migrants;
Untreated physical or mental health problems worsen, making it harder for the individual to integrate and Participate fully in the host society.
Observing that:
Forced migrants who experience torture are Often Unable to access treatment in the host country, due to a lack of available services or the roomates NAMAs are readily Provided accessible and in a context of confidence and trust, or to a lack of awareness of such services, or of their legal right to access such services;
There is an increase of of in the numbers of forced migrants Detained during the migratory process, thereby Placing them at risk of torture in detention, retraumatisation, or refoulement without adequate consideration of the risk of torture on return;
There are particular challenges faced by forced migrants in Situations of humanitarian crisis where, as a minimum, Specialised health and psychosocial care needs to be Provided as part of humanitarian care by local and international service providers.
1 Reference to "torture" in this Declaration includes a reference to other cruel, Inhuman, degrading treatment or punishment, in accordance with the UN Convention against Torture.
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Declare that:
States party to the UN Convention against Torture have a clear obligation to provide access without discrimination to rehabilitation services at the earliest opportunity to all persons who have experienced torture;
Forced migrants who have experienced torture (either before or during the flight) need access Specialised holistic rehabilitation services to include medical and psychological roomates care as well as legal and social services.
And urgently call upon states to: Introduce mechanisms in national legislation or policy for the early identification of forced migrants who have experienced torture;
Provide access to Specialised rehabilitation services for forced migrants who have experienced torture, without discrimination and Regardless of their legal status;
Recognise their obligations to provide protection to the forced migrants who have experienced torture Occurs where interception, ie at sea or at the border, or in refugee and IDP camps , along migratory routes, Including when migrants are trafficked;
Introduce the plans to provide a comprehensive health and psychosocial care Specialised in Situations of humanitarian crisis, where the needs of forced migrants who have experienced torture are urgent;
Ensure that state and non-state actors who interact with the forced migrants who may have experienced torture are trained in identifying signs and symptoms of torture and are sensitized to the needs of torture Victims so that they are Able to deal with them in an ethical, safe, as well as impartial, respectful and professional manner .
In order to Achieve these goals, the IRCT recommends the following actions to states:
Laws and policies:
As a minimum, states should adopt:
• A universal process for the initial screening of the roomates establishes Whether the individual may have experienced torture.
• Systematic procedures for a basic physical and psychological evaluations designed to identify signs of torture and ill-treatment.
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• An initial assessment of rehabilitation needs; and, where Indicated, access to a full forensic evaluation in accordance with the Istanbul Protocol.
inclusive relation to status determination procedures, Ensure that states must:
• Forced migrants are not subject to routine administrative detention.
• Forced migrants who experience torture are not included in an accelerated status determination procedure that may prejudice a fair assessment of their claims.
• Access to legal support and medico-legal documentation is provided by the state in cases where there is an indication that the individual may have experienced torture.
• Access to health and rehabilitation services is provided to Ensure NAMAs psychological and social support throughout the status determination procedure.
• Interpreters are Offered during interviews with state Officials and appointments with health care providers. Interpreters should be independent, trained professionals (ie not family members), proficient in the preferred language of the client and gender NAMAs.
Access to Specialised rehabilitation services:
States Must Ensure that:
• Access to rehabilitation services is possible at the earliest point in time, Including by giving access based on a mental and physical health evaluations rather than on the pursuit of remedies.
• Rehabilitation services are Provided in a safe and adequate environment.
Protection of forced migrants:
States must recognise their obligations to:
• Ensure access to fair legal processes and the prompt and effective investigation of Allegations of torture.
• Ensure that where interception of forced migrants Occurs, and where access to asylum procedures may be obstructed, the individual is not forcibly returned to the country of origin or transit where there may be a risk of torture, in contravention of the principle of 'non-refoulement'.
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• Ensure in relation to internally displaced persons (IDPs) that the individual is not forcibly returned to the place of origin where there may be a risk of torture.
• Ensure protection against torture roomates may occur in association with arrests and / or detention.
• Ensure protection against incidents of violence that may amount to torture, Including sexual or gender-based violence and violence against women and children.
inclusive Humanitarian Situations of crisis:
the States must introduce the comprehensive plans:
• To address the provision, as a minimum, of Specialised health and psychosocial care as part of humanitarian care.
• To facilitate access to, and the awareness of, NAMAs services, and of the legal right to access such services.
IRCT Executive Committee
Suzanne Jabbour, MENA - President (Restart, Lebanon)
Karen Hanscom, North America - Vice-President (HVDC, United States )
Pradeep Agrawal, Asia (SOSRAC, India)
Boris Drozdek, Europe (Psychotrauma Centrum Zuid, Netherlands)
Yadira Narvaez, Latin America (PRIVA, Ecuador)
Bernadette McGrath, Pacific (STTARS, Australia)
Uju Agomoh, Sub-Saharan Africa (Prawa, Nigeria)
Clarisse Delorme, Independent Expert (WMA, France)
IRCT Council
(elected in 2012 for the period 2012-2015)
Asia
Kamrul Khan, CRTs, Bangladesh
Christine Shanti Arlulampala, Survivors Associated, Sri Lanka
Edeliza Hernandez, MAG, The Philippines
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Europe
Sebnem Korur Fincanci, HRFT, Turkey
Karin Verland, Dignity, Denmark
Pierre Duterte, Parcours d'Exil, France
Ludmilla Popovici, Memoria, Moldova
Mechthild Wenk-Ansohn, BZFO, Germany
Aida Alayarian, Refugee Therapy Centre, UK
Latin America
Eliomara Lavaire, CPTRT, Honduras
Mariana Lagos, EATIP, Argentina
Felicitas Treue, CCTI, Mexico
Middle East and North Africa
Siavash Rahpeik Havakhor, ODVV, Iran
Mohamed Safa, Khiam Center, Lebanon
North America
Maria Karin Linschoten, Edmonton Centre, Canada2
Pacific
Jeff Thomas, Refugee Trauma Recovery, New Zealand
Sub-Saharan Africa
Kitwe Mulunda Guy, Save the Congo, DRC
Fidelis Mudimu, CSU, Zimbabwe
Samuel Herbert Nsubuga, ACTV, Uganda
2 Council member Karin Maria Linschoten, Edmonton Centre, Canada, presented her excuses and did not attend the Council meeting in Copenhagen, March 2014.
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Independent Experts
Oette Lutz, Redress Trust, UK
Michael Brune, Haveno, Germany
Secretary-General
Victor Madrigal-Borloz
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