A follow-up investigation on the quality of medical documents from examinations of Basque incommunicado detainees: the role of the medical doctors and national and international authorities in the prevention of ill-treatment and torture

According to the United Nations and the European Committee for the Prevention of Torture (CPT), torture and ill-treatment continues to be a problem during incommunicado detentions in Spain. CPT has visited Spain and published recommendations for improvements of preventive medical examinations. However, no scientific assessment of the impact of such recommendations exists. The objectives of this study were to assess the quality of documents from preventive medical examinations and the prevalence of alleged ill-treatment and compare findings with similar data from a previous study. Documents issued by state employed doctors describing medical examination of Basques held incommunicado during 2000-2005 were reviewed. The analysis covered allegations of ill-treatment and existence and quality of information essential for medical appraisal of allegations of ill-treatment. The material was collected by a non-governmental organisation. Of 425 documents concerning 118 persons, 85% had no formal structure and the format recommended by CPT was never used. None of 127 documents, concerning 70 persons with allegations of ill-treatment had an overall conclusion on the likelihood of ill-treatment. Twelve to 68% of necessary data were totally missing, and only 13-38% of existing information was sufficient. There was significant variation between the reporting of individual doctors, but in general the quality was unacceptable, although somewhat higher than in the previous study. The prevalence of allegations of ill-treatment was as high as previously. There were more reports of psychological ill-treatment and procedures of forced physical exhaustion, but fewer reports of beatings. In conclusion, there was no indication that the conditions of incommunicado detainees have improved substantially over the past 15 years and the standard of medical reporting was unacceptable. The Spanish authorities should give clear objectives and guidelines for medical examinations of detainees. An independent forensic specialist with the overall academic responsibility for preventive medical examinations of detainees should be employed to supervise state employed doctors. The present article shows the necessity for harmonization of medical practice in documentation of torture.     

Alleged police ill-treatment of non-political detainees in the Basque Country (Spain). Prevalence and associated factors

Epidemiological studies of ill-treatment and torture are difficult to carry out and are usually based on people arrested for political motives. The object of this prospective study was to document the prevalence of allegations of ill-treatment/torture in a sample of detainees who were arrested for non-political motives in the Basque Country (Spain). The influence of demographic and criminological variables was evaluated. A total of 837 interviews and medical-forensic examinations of 578 detainees were analyzed with a modified version of the protocol established by the Rehabilitation and Research Centre for Torture Victims (IRCT/RCT). Alleged ill-treatment occurred with a frequency of 13.3% in 99 subjects, with few cases being considered as torture in the strict sense. The most frequent methods included: coercion (6.8%), deprivation (6.0%) and physical ill-treatment (4.3%). The variables significantly associated with ill-treatment were national/ethnic identity and the type of offence committed by the detainee. A higher frequency of ill-treatment, together with longer periods of detention were observed among foreign detainees. The results contrast with those reported in a study of political detainees in the same region, in which complex and intensive torture methods were reported to be more habitual. In conclusion, this study underlines the importance of further developing preventative methods in order to reduce the occurrence of violations of human rights during periods of detention.     

Human rights abuses and the medical profession

Allegations of torture are on the increase and the medico-legal and ethical problems can no longer be ignored by the medical profession. While jurists fail to give effective legal guidelines as to what amounts to 'torture', reports indicate that doctors are often engaged in activities which are difficult to reconcile with any conception of medical ethics. There is a clear need for the medical profession to re-evaluate their involvement in circumstances that are a direct antithesis of their professional occupation. The skills of doctors with forensic expertise allow detection of human rights abuses and thereby its potential reduction. There is scope for the reduction torture or ill-treatment, if the profession maintain high standards of medical practice and ethics.     

The role of clinical forensic medicine in cases of sexual child abuse

The work of specialists in forensic medicine in those cases of child abuse that result in the killing of a child is defined and well known. It is less well defined in cases of (suspected) sexual abuse. The cases presented show the difficulties that arise if medical doctors and prosecutors are uncertain about the procedures that have to be followed or do not appreciate the value of objective findings. It is concluded that knowledge about necessary examinations by physicians, police officers and prosecutors has to be promoted in order to improve handling and (legal) outcome of these cases.     

SELECTIVE APPREHENSION: A POLICE STRATEGY FOR REPEAT OFFENDERS*

This study examines the effectiveness of the Repeat Offender Project (ROP), a specialized police unit in Washington, D.C. It documents how the ROP unit operated, what it cost, and how well it achieved its goal of “selecting, apprehending, and contributing to” the conviction of persons believed to be committing jive or more Part I offenses per week. A controlled experiment showed that the ROP substantially increased the likelihood of arrest for the persons it targeted. Quasi-experimental data indicated that ROP arrestees had longer and more serious histories of prior arrests than a comparison sample of arrestees of officers in other police units. The former arrestees were also more likely to be prosecuted and convicted on felony charges and more likely to be incarcerated. ROP officers’arrest productivity was cut in half; but this cost appears to have been offset by the greater seriousness of the current and prior offenses of its arrestees. The study concludes that the creation of selective apprehension units provides a promising new strategy for major urban police departments.     

The value of the medico-legal examination in sexual offences

A review is presented of medico-legal examinations performed on two series of rape and attempted rape in 1975 and 1980 with a total of 74 victims. Judicial outcome was known in 93% of the cases and is compared with the results of the medico-legal examinations. Between the two series, public discussions and pressure from feminist movements concerning the procedure in rape cases together with modifications of civil penal code resulted in alterations of police practice. Eighteen percent of known offenders in 1975 and 42% in 1980 were charged, 50% and 90%, respectively, of these were convicted. A correlation between the judicial outcome and the results of the medico-legal examination was not found in all cases. The importance of psychological guidance to the victim at the medico-legal examination is stressed.     

PSYCHIATRISTS IN BLUE: POLICE APPREHENSION OF MENTAL DISORDER AND DANGEROUSNESS*

This article examines the discretionary judgments and reporting practices of police officers, in their apprehension of 528 defendants subsequently remanded for psychiatric assessment in a forensic unit located in Toronto, Canada. Analysis of arrest documents indicated that police routinely invoked labels of mental illness and dangerousness, and that they recommended psychiatric assessment in over a third of cases that eventuated in clinical remands. A significant relationship was yielded between police judgments and clinical assessments concerning the dangerousness of defendants. The police reports of forensic patients demonstrated the tendency of arresting officers to recommend psychiatric assessment as a vehicle for ensuring the dual application of judicial and therapeutic interventions. These police records were replete with moral assessments about mentally disordered defendants and with a number of strategies designed to influence the subsequent decisions of other legal and psychiatric authorities. In this study the police functioned as forensic gatekeepers, alerting clinicians and other officials to signs of mental disorder and criminality and to appropriate courses of action. At the initial point of arrest, the police assisted in laying the groundwork for the subsequent institutional careers of medicolegal subjects.     

手枪实用射击训练对射击教学的启示

根据现代警察手枪实用射击训练新内容、新方法,提出在新形势下的公安院校射击教学改革的新思路,改革手枪射击教学训练的内容和方法,有针对性的采取灵活多变的教学方法和教学手段,力求公安院校射击教学有所突破。     

Cadaver mix-up--an avoidable problem?

Depending on local conditions it may happen from time to time that no officer involved in the previous investigation is present during the forensic autopsy. In this case, the post mortem examiner often has to rely solely on written documentation concerning the identity of the deceased. The authors report a case where the body had already been mixed up with another body by the undertaker prior to the inspection by the police. In spite of clear distinguishing characteristics in the written documentation, this led to the wrong body being autopsied. For the post mortem examiner, the only safe way to identify a body seems to be the presence of persons who had known the deceased or of police officers as acknowledging witnesses. If these conditions are not given, other means of safe information on the identity are called for, for example a "police body card" similar to an evidence card.     

Mental health outreach and street policing in the downtown of a large French city

ContextMarseille, the second largest city in France, has a large population of homeless persons. A mental health outreach team was created in 2005 as a response to high rates of mental illness among this group. In a national political context where security is a government priority, a new central police station was created in Marseille in 2006 to address robberies, violence and illegal traffic in the downtown area of the city. While not directly related to such crimes, police also are responsible for public safety or behavioral issues related to the presence of individuals who are homeless in this area.ObjectiveThis report on a two-year pilot study (2009–2011) addresses collaborative work between a mental health outreach team and the police department responding to the clinical needs of persons who are homeless with serious psychiatric disorders. It also describes the homeless persons' interactions with, and perceptions of the presence of, police and mental health professionals on the streets.MethodsInvestigators adopted a mixed-methods approach. Data were collected on 40 interactions using brief standardized report for each interaction. Focus groups were conducted with police officers, outreach team members, peer workers, and service users. Minutes of partnership meetings between police officers and outreach workers also served as a source of qualitative data.ResultsOutreach workers initiated just over half (n = 21) of the encounters (n = 40) between police and outreach workers. Interactions mainly involved persons with psychosis (77%), the vast majority (80%) of which involved persons in an acute phase of psychosis. Two key themes that emerged from data analysis included the violent nature of life on the streets and the high percentage of ethnic minorities among subjects of the interactions. In addition, it was found that the practices of the outreach workers are sometimes similar to those of the police, especially when outreach workers use coercive methods. “Users” (homeless persons) described police as sometimes using less coercion than the outreach team, and noted that they were more fearful of psychiatrists than police.ConclusionFormal initiatives between mental health outreach teams and police departments involve some common street practices. This study demonstrates the potential for closer working relationships between the two parties to help persons who are homeless with mental illnesses receive needed care, and to reduce inappropriate coercion including involuntary hospitalization and arrests.     

论我国公安学基础理论的学科地位和研究意义

2011年3月8日,由中国人民公安大学主导论证的公安学和公安技术同时被国务院学术委员会、教育部批准增设为一级学科,这在我国公安教育史上是一件可喜可贺的大事、盛事,具有开创性的里程碑意义。为了加强公安学一级学科的建设,我们必须高度重视公安学基础理论研究。俗话说:"基础不牢,地动山摇",对公安学整个学科建设来说,公安学基础理论是所有公安学科的基础和基石,公安学基础理论研究得如何直接决定着公安学其他学科建设的成败。因此,研究公安学基础理论具有非常深远的理论价值和实践意义。     

Evaluation of Computed Tomography as a Screening Test for Death Inquest

Abstract: The Japanese method of inquest, which depends mostly on external examinations, may misdiagnose a considerable number of accidental deaths and suicides as death by disease. We conducted computed tomography (CT) scans of 80 cases for which police concluded death by disease or natural causes based on police investigations into the circumstances and results from external examinations. The cause of death was clearly determined by CT scan in 17 of 80 cases. Ten cases underwent autopsy after the police suspected criminality based on results of the CT examinations. The results suggest CT scan may be a tool for preventing a number of overlooked crimes and accidents in Japan. However, it cannot be a perfect tool for discerning between death by disease and other causes of death without cooperation from the investigative agencies and subsequent forensic examinations such as autopsy and toxicological tests.     

警察院校心理素质教育模式探析

警察是高应激、高风险的职业,需要工作主体具有较高的心理素质。目前,在职警官和警察院校学员所面临的心理问题,对警察院校开展心理素质教育提出了紧迫的要求。应该对警察院校开展心理素质教育的主要内容和模式进行改革。     

社区警务建设论略

社区警务是和谐社会的时代主题在警务实践中的折射。社区警务体制以和谐警民关系为内核,要求警察主动依靠民众、服务社区、提前预防犯罪。当前的社区警务实践中还存在一些弊端,社区警务理念与实践脱节、体制上存在欠缺等。在社区警务建设的渐次推进过程中,须培育起全警警务理念、主动警务理念和民生警务理念,并着力解决警种联动、警社合作和目标管理考核问题。社区警务建设离不开警察职业素养和执法权威的内质支撑,须以民为本,型塑警察职业素养,提升警察责任心和使命感;培育社区民众的认同感和信任感,重建警察执法权威。     

论高素质侦查专业人才的培养

培养高素质侦查专业人才有着十分重要的意义,它是提高公安民警素质,加强公安队伍建设的需要;是创造良好社会环境,全面建设小康社会的需要;是维护社会稳定,巩固执政党地位的需要。要培养高素质的侦查专业人才,就必须改革课程体系和教学方法,进一步加强师资队伍建设。     

检警一体化模式再解读

我国现行的警察主导侦查模式具有重大缺陷，尤其在控辩式庭审改革的背景下愈益暴露出弊端：不仅难以满足检察机关有效指控、惩罚犯罪的需要，也无法适应侦查监督、保障人权的要求。实践中自发的检察引导侦查的改革是对现行接力型检警关系的突破，其本质是检警一体化，构成了当下诉讼程序改革与司法体制改革的一项重要创新。检警一体化模式的实质是检察机关参与侦查权的行使，而非检警机关在组织上的一体化，亦非二者角色的混同。我国建构检警一体化模式，不仅存在理论基础，而且具有法律依据。采纳这一模式有助于提升侦查质量、强化检察机关指控犯罪的能力，也便于检察机关践行侦查监督职能。     

The role and duties of the shoeprint/toolmark examiner in forensic laboratories

Shoeprint and toolmark examinations have been carried out for forensic purposes for a great number of years. According to literature, the first case of footwear identification dates back to the year 1786. This particular case was worked out by a local police constable. Who then, are the persons working in crime laboratories and specialising in shoeprint and toolmark examinations today? Are they responsible for some other kind of duties, and if ‘yes’, what kind of duties? To find answers to these questions, a questionnaire was prepared and sent to 78 forensic laboratories, 62 laboratories in 27 European countries and 16 laboratories in six countries outside Europe. Forty-three laboratories (55%) in 23 countries; 35 laboratories in 19 European countries and eight laboratories in four countries outside Europe returned the questionnaire. The conducted study shows that the shoeprint and toolmark examiners are performing a great variety of tasks besides shoeprint and toolmark examinations, and also that the tasks vary a lot from one laboratory to another.     

Parents as decision-makers--do the attitudes of Norwegian doctors conform to law?

This article studies whether the attitudes of Norwegian doctors regarding surrogate decision power in end-of-life care conform to legal rules, particularly as they apply to the protection of children. The article is based on a hypothetical scenario concerning a critically ill child, believed to be dying, presented to 406 doctors. The study indicates that doctors may permit parental/surrogate decision-making to a greater extent than justified by law, sometimes in contravention of the child's best interests, which should be a fundamental guideline in all decisions that concern children. This article suggests a need to improve knowledge of doctors concerning parents'/surrogates' right to participate in life-or-death decisions. We conclude that Norway needs a precedent decision from the Supreme Court that confirms the right of judicial review of end-of-life decisions, and which applies the principle of the child's best interests as a fundamental guideline in the final decision.     

Living Conditions,Social Exclusion and Recidivism Among Prison Inmates

Swedish drug policy has according to official declarations been successful. The picture has recently been challenged through rising drug use and rising drug related mortality. This development has taken place in spite of the restrictive Swedish policy with further penalization of drug consumption, increasing number of police officers working with drug crime and rising number of persons sentenced to prison for drug offences. The question to be explored here is then what strategies the Swedish Government has chosen in the light of the development and how these strategies should be explained. The analysis is based on central Government documents as well as statements from Government ministers, public authorities and voluntary organizations. The picture that emerges is a denial of the failure of the old Swedish model but at the same time an alarmist stand with demands for increases of resources for information, treatment and control. The strategies chosen can be derived from two central themes in Swedish drug debate: ‘a drug‐free society’ and ‘total rehabilitation’. The two in turn seem to be aspects of an underlying vision—the vision of the good and integrative welfare society.