186 T ORTURE Volume 21, Number 3, 2011 and degrading treatment and degrading Keywords: ForensicInternational ExpertGroup* Statement onHooding psychological-case-support/forensic-expert-group.aspx psychological-case-support/forensic-expert-group.aspx Group pleasevisitwww.irct.org/our-support/medical-and- For Forensic fulldetailsaboutthe International Expert [email protected] Correspondence Vanezis; D. Vieira. A. Sajantila; D. Somasundaram; J. Thomsen; F. Treue; P. Quiroga; O. Rasmussen; H. Reyes; B. Rich; S. Rogde; M. Mendez; Ö. Özkalipci; J. Payne-James; M. Peel; J. H. Hougen; V. Iacopino; P. Leth; S. Louahlia; J. Modvig; van Es; R. Fernando; S. Fincanci; S. Hansen; L. Hardi; D. Alempijevic; R. Beriashvili; J. Beynon; M. Duque; A. Group: Forensic*) International Expert or punishment. treatmentand cruel, inhuman ordegrading cial conditions” constitutesbothtorture that has determined “hooding underspe- bodies. humanrights and regional ment (CIDT)byanumberofinternational treatment orpunish- human anddegrading and/orcruel, in- oftorture nized asaform thepast50years. during quency withincreasingfre- a numberofcountries head ofaperson. Hoodinghasbeenusedin Hooding isthepracticeoffullycovering the Background would be evident”“particularly whenhood- The U.N. Committee Against The practiceofhoodinghasbeenrecog-

Torture, inhuman hooding, cruel 1 Itnotedthat thisfinding techniques. whenusedwithother can constitutetorture should beforbidden”. that determined “blindfolding andhooding U.N. on SpecialRapporteur Torture has Protocol) alsorecognizes thedeprivation of Treatment orPunishment(TheIstanbul and OtherCruel, InhumanorDegrading vestigation and Documentation of Torture demoralize her”. to “obliterate thevictim’s and personality ofanoverall effort part techniques formed tion constitutes “mental torture”, asthese otherwise subjectinghertolightmanipula- at fullvolume whilehoodingadetaineeor man Rightsfoundthat playing theradio ordetentionmethods when itisusedincombination withother orinhumantreatment constitutes cruel that blindfoldingaprisoner has determined practice shouldbeabolished. ill-treatment”,to psychological andthat the that blindfolding “will frequentlyamount ing Treatment orPunishmenthasnoted vention of Torture andInhumanorDegrad- that blindfolding constitutestorture. Against Torture hassubsequentlyreaffirmed cive methods. interrogation ing isusedincombination withothercoer- The U.N. ManualontheEffective In- of Hu- Court The Inter-American ofHumanRights The EuropeanCourt The EuropeanCommitteeforthePre- 6 7 3 1 The Committee The 4 STATEMENT 5 and 2 The T ORTURE Volume 21, Number 3, 2011 187 Hooding in this statement also refersHooding in this statement to While policy makers and legal experts and context of its use including: the material of its use including: and context effective- the (i.e. composition of the hood ness of sensory and interference deprivation and frequency duration with air exchange), the tightness of the hood around of its use, the presence of contaminants (i.e. head, the and hood, feces and blood) in the urine, of tortureuse of additional methods and/or and other beatings Mock executions, CIDT. methods of tortureare often practiced in to maximize the conjunction with hooding psychological and infliction of physical pain. formsother equivalent of sensory depriva- tion such as the use of goggles or blindfolds a de- covering In contrast, and earmuffs. bags or other im- head with plastic tainee’s permeable barriers (effective to respiration and dioxide) & carbon exchange of oxygen substances the use of hoods with noxious talc and other chilli pepper, such as petrol, respiratory irritants represent primary meth- and are not considered ods of asphyxiation is It as forms of hooding in this statement. hood- that however, important to recognize, impede normaling may respiratory function serious consequences have this may and that slits Hoods with eye in some individuals. identifica- been used to coerce the also have “suspected terrorists”. In the absence tion of would such practices consent, of detainee’s as defined in this “hooding” be considered statement. consider the effects of hooding inde- may pendently from other methods of torture the practice of hooding is vir- and/or CIDT, with other used in combination tually always Among the methods of torture and/or CIDT. examined have thousands of detainees we during the past 36 years from virtually every of any are unaware we country in the world, case in which the only method of alleged hooding. was abuse 8 10 and the new U.S. Army field and the new U.S. 9 Despite international of recognition ExpertThe International Forensic Group In addition, the U.S. Department of the U.S. In addition, The practice of hooding typically involves The practice of hooding typically involves the head of a detainee in some covering vary may Hooding practices and manner. depend on a the effects of hooding may number of factors to the application related Hooding Practices hooding as a form of torture and/or ill treat- been a number of recent there have ment, has legal cases in which the use of hooding The purpose of this state- been examined. experts legal ment is to provide and adjudi- cators with an understanding of the physical and psychologicalhooding and effects of formsother equivalent of sensory depriva- tion and whether hooding and other equiva- torture constitute lent practices may and/or CIDT. consists of 33 medical experts coun- from 18 tries with more than 500 years of collective and documenta- experience in the evaluation and psychologicaltion of physical evidence The opinions of torture and ill treatment. on hooding areexpressed in this statement experiencebased on the collective of docu- and psychologicalmenting the physical effects of hooding and other similar forms of sensory of detainees among thousands deprivation examined. they have that State has describedState blindfolding as a form of torture normal sensory stimulation, such as sound, normal such as sound, sensory stimulation, manipulation isolation, sense of time, light, of physiologi- abuse of brightness of the cell, water, food, restriction of sleep, cal needs, as methods of torture. etc. toilet facilities, STATEMENT STATEMENT manual on human intelligence collection manual on human intelligence of sensoryalso prohibits the use deprivation as placing of hoods or and techniques such heads of detainees or using the sacks over the eyes. duct tape over 188 T ORTURE Volume 21, Number 3, 2011 Hooding and other equivalent forms ofsen- Hooding andother equivalent forms that aredirectlyrelated tohooding practices. effects significantpsychological observed methodsoftorture, wepsychological have ticed inisolation ofotherphysical and/or response. kicks andpunchessubsequentdefensive suchas preventing theanticipation ofharm by vulnerability toothermethodstorture disability asitincreasesanindividual’s vere physical andsubsequent pain, injury oxic braininjury, andeven death. ultimately resultinlossofconsciousness, an- distressand torespiratory contribute further tion ofthedetainee’s physical conditionand fear). Hoodingmay prevent theobserva- (e.g. againstrestraints, struggling pain, and responsestohooding cal andpsychological heat andhumidity, andthedetainee’s physi- clude: inadequate ventilation ofambientair, distressin- mote hooding-related respiratory that tohealth. mayrisk pro- Otherfactors of whethertheuseahoodwould posea expected tobeablemakeanassessment of suchconditionsandcannotreasonablybe bia. arerarelyaware personnel Interrogation suchasanxietyandclaustropho- disorders andpsychological neurologic, andothers) (cardiovascular, respiratory, hematologic, erbated bypre-existing medicalconditions & carbondioxide exchange)may beexac- coordination. Impairedrespiration (oxygen visionalsomay impairbalanceand normal tion, andthesenseofsmell. Deprivation of vision andalsomay respira- impairhearing, legalconsequences.significant adverse effects,and psychological andalsomay have that isassociated with a numberofphysical deprivation ofsensory Hooding isaform of Hooding Physical andPsychologicalEffects Although hooding is virtually never prac- Although hoodingisvirtually Hooding increasesthelikelihoodofse- individualsofnormal Hooding deprives

roborates anindividual’s allegations of abuse evidence cor- physical and/or psychological on theextenttowhichsum totalof CIDT, basetheiropinions forensicexperts and/or each assessmentofallegedtorture constitutes torture. and typically, undersuchcircumstances, in combination withothermethodsofabuse oftenpracticed experience, hoodingisvery punishment, itmay constitutetorture. Inour treatmentcruel, or inhuman and degrading tion withotheractsthat may beconsidered tion. When hoodingispracticedinconjunc- anddeten- be prohibitedininterrogations treatment orpunishmentandshould grading which constitutecruel, inhumanandde- deprivation ofsensory intentional forms Hooding andotherequivalent practicesare Conclusion judicial credibilitydeterminations. or CIDTand, consequently, adverselyaffect and/ count thedetailsofallegedtorture affect anindividual’s abilitytoaccurately re- their allegedperpetrators. Hoodingalsomay vents detaineesfrombeingabletoidentify ture and/orCIDT. Hoodingfrequentlypre- consequences forindividualswhoallegetor- ical effects, hoodingmay have legal adverse acts oftorture. andintensifyadditional sequently facilitate whichmay sub- the eyes oftheperpetrators a dehumanizingeffectonthedetaineein oftorture. Hoodingmay haveperpetrators asameansofmoraldisengagementfor serve copingmechanisms.logical Hoodingmay of hoodingmay impairindividualpsycho- cognitiveThe adverse and emotionaleffects sense oflosscontrolandpowerlessness. with respecttotimeandlocation, anda high levels ofstress, disorientation, especially deprivation typicallycausefear,sory anxiety, It is important tobearinmindthat in It isimportant In additiontoitsphysical andpsycholog- STATEMENT T ORTURE Volume 21, Number 3, 2011 189 Turkey carriedthe European Committee out by Turkey or and Inhuman Torture of for the Prevention or Punishment from 2 to Treatment Degrading www. from: Available 30-1. 14 September 2001, cpt.coe.int/documents/tur/2002-08-inf-eng.htm 2011). (28 September, Ct. 37 Eur. Turkey, Ocalan v. A) (1978); (ser. 222 (2003). 238, H.R. Rep. H.R. 1997-VI Eur. Turkey, v. Aydin (1996); 1866 (1997). 2003). 27, 94 (Nov. 58.6, 103, C) No. (ser. Investiga- Manual on the Effective man Rights. and Other Torture of tion and Documentation or Pun- Treatment Inhuman or DegradingCruel, Available 2004; Protocol”). ishment (“Istanbul http://www.ohchr.org/documents/publica- from: 2011). tions/training8rev1en.pdf (28 September, Rts. on Hum. Country 2005. Rep. State, Dep’t from: Available 2006). 8, Egypt (March Prac.: www.state.gov/g/drl/rls/hrrpt/2005/61687.htm 2011). (28 September, 2006. September, tions FM 2-22.3 (FM 34-52), www.fas.org/irp/doddir/army/fm2- from: Available 2011). 22-3.pdf (28 September, Rep. 5. H.R. 25 Eur. , Ireland v. 2260 H.R. Ct. 1996-VI Eur. Turkey, 6. v. Aksoy 7. H.R. Ct. 2003 Inter-Am. Guatemala, Urrutia v. 8. High Commissioner for Hu- UN Office of the U.S. 9. & Lab., Rts., Hum. Bureau of Democracy, Collector Opera- Human Intelligence 10. Army. U.S. 4. visit to on the government Turkish Report to the against Torture: , Sept. 5, 1997, Committee 1997, 5, Sept. Israel, Torture: against Avail- A/52/44. Doc. U.N. 258, Torture, Against www.unhchr.ch/tbs/doc.nsf/0/69b668 able from: 5c93d9f25180256498005063da?Opendocument 2011). (28 September, and tee under article 20 of the convention, Mexico. of Mexico: reply from the government (2003). CAT/C/75 Doc. U.N. 05/26/2003. http://193.194.138.190/tbs/doc. from: Available nsf/(Symbol)/f2950e0f6a5560f1c1256d5500535b 2011). 97?Opendocument (28 September, report torture of the and detention, tion of: submitted Sir Nigel Rodley, special rapporteur, pursuant to Commission on Human Rights 58th Sess., ESCOR, U.N. Resolution 2001/62, E/ Doc. U.N. (f), Agenda Item 11(a), Annex 1, (2001). CN.4/2002/76 References 1. Concluding observations of the Committee 2. Report on Mexico produced by the Commit- 3. including the ques- Civil and political rights, The International Forensic ExpertsThe International Forensic on established in 2009 by the was Torture International Council for Rehabilitation Victims (IRCT) in partnership with Torture Copenhagen University Department Fo- of It consists of prominent rensic Medicine. international forensic experts with extensive and documen- experience in the evaluation These of torturetation and ill treatment. independent experts participate in investi- of alleged torturegations and ill treatment impartialand provide reports forensic and They also on their findings. legal testimony and technical advice on consultative provide to torturemedical legal issues related and ill treatment. About the International Expert Group Forensic and on evidence of physical and mental and mental of physical and on evidence with the al- associated pain and disabilities of consideration In our opinion, leged abuse. hooding as tortureand/or CIDT should be based on a clear understanding of actual and torture individual forensic practices and on medical evidence. STATEMENT STATEMENT