Background:

The ad hoc query forms the basis for the soon to be published inform "Practices and challenges in identifying victims of torture and ill-treatment in the context of international and temporary protections" which complements the findings of the European Agency for Asylum (EUAA) mapping report published in March 2023 on the needs of victims of torture and other forms of inhuman or degrading treatment or punishment. It seeks information about the guidance and training on early detection and identification of presumed victims of torture or other forms of inhuman or degrading treatment in international protection procedures, the procedural safeguards and guidance available to competent asylum authorities when requesting and taking into account medico-legal documentation as part of the evidence in reaching a determination on an application for international protection and practices in place to identify victims of torture and/or ill-treatment among beneficiaries of temporary protection.

Respondents:

A total of 27 countries responded to this ad hoc query (including BE).

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• Regarding guidance and training on the identification and detection of victims of torture and/or ill-treatment: Competent authorities primarily receive training through general national training programmes (also in BE). While no EMN Member Country reported a dedicated national training, a few countries organise dedicated standalone training sessions on relevant thematic issues (FI, IE, LU, PL, SE). Furthermore, most EMN Member Countries rely on training and guidance organised by the EUAA, non-governmental and international organisations. Competent authorities have access to various written guidance documents that outline the national procedures for conducting vulnerability assessments. Only in FR and SE there is written guidance that specifically covers the detection and identification of victims of torture and/or ill-treatment in asylum processes.
   
• In regard to criteria to request medico-legal documentation to be considered in asylum applications: Most EMN Member Countries do not have set criteria to trigger a request for medico-legal documentation, but this is established on a case-by-case basis by the case worker or the applicant. In most countries, the case worker will request medico-legal documentation when there is insufficient evidence to support claims of torture or ill-treatment. In others, they do so when any signs of torture or ill-treatment are disclosed during the asylum interview (AT, BE, BG, CY, EE, HR, IT, LV, MT) or when recommended by reception authorities conducting the health screening. In some countries, applicants can make this request themselves. In most countries, there is no set criteria for the medico-legal documentation to be considered for asylum applications.
   
• In terms of guidance and training on medico-legal documentation in asylum procedures: Most rely on guidance from EU, international and non-governmental actors. National training and guidance typically fall under the same broad national programmes aimed at detecting and identifying victims of torture or ill-treatment. In BE, guidance on vulnerability assessments used to help detect and identify victims of torture, also includes information on taking medico-legal documentation into account.

EMN Member Countries also reported on challenges and good practices.

For most EMN Member Countries, a significant challenge is the victims’ hesitancy to report due to fear, shame, or mental health consequences resulting from such violence. Another challenge reported is the credibility assessment of torture claims (including BE). Fostering strong cooperation, involving several stakeholders and promoting flexible processes and exchange of information were reported as good practices.

A question was specifically dedicated to the practices in the context of temporary protection.  Most EMN Member Countries did not establish formal procedures to identify and detect victims of torture and/or ill-treatment, nor to encourage self-reporting (including BE). Nevertheless, some EMN Member Countries introduced protocols and specialised centres providing tailored medical services (EL, IE, LU, NL). A few countries encourage self-reporting through the use of hotlines and awareness-raising pamphlets (El, FR, IT).

For further information, please read the compilation of answers attached above.