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Abstract
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This editorial expands on the amicus brief1 filed by medical experts, including psychiatrists, in support of the petitioner, Encep Nurjaman, in the case before the U.S. Court of Appeals for the District of Columbia Circuit.2 The case concerns allegations of torture and the use of torture-derived information in legal proceedings. Mr. Nurjaman has petitioned the U.S. Court of Appeals for the D.C. Circuit regarding his referral for trial before the Military Commissions in Guantánamo. He has asserted that the evidence against him was collected following torture and should be excluded. Mr. Nurjaman filed a Petition for a Writ of Mandamus before the U.S. Court of Appeals for the D.C. Circuit in October 2023. He requested that the Court of Appeals vacate the convening authority's order of January 2021 referring his case for trial before a military commission. He had been transferred to Guantánamo in 2006 and charged in 2017 for funding terrorist activities.
The brief argues that evidence obtained by torture is not admissible in pretrial commission proceedings. The amici curiae, consisting of professionals with expertise in the treatment of torture victims, present a comprehensive argument on the unique physical, psychological, and systemic harm caused by torture and its implications for the legal system. The amici argue that victims of torture exhibit unreliable memories and are compromised in sharing memories with counsel for assisting in their defense.1
Victims of torture and survivors of severe trauma and stress share characteristics, symptoms, and impairments that commonly manifest in clinical presentations. Assessing defendants with evidence of severe trauma or torture for their competency to stand trial, capability for legal decision-making, and mental state during court proceedings presents significant challenges. This journal has published a series of articles on posttraumatic stress disorder (PTSD) and the implications for forensic psychiatry.3,-,5 PTSD has factored into defenses of insanity, unconsciousness, self-defense, and diminished capacity. Questions and concerns over PTSD as a defense arise on how its characteristic hyperarousal affects mental state, memory, and disposition to impulsivity. Some courts have required the demonstration of a direct connection of PTSD to the offense.
I suggest that victims of torture stand out as exemplars for understanding survivors of severe trauma and stress in the practice of forensic psychiatry. Victims of torture and survivors of severe trauma and stress share symptoms, conditions, and illnesses that present special challenges to conducting a thorough evaluation of their impairments and functional capacities. I have evaluated dozens of victims of torture in many different countries subjected to extreme brutality and harsh, cruel, and inhumane treatment, including detainees in Guantánamo. I have observed that these victims developed and live with complex posttraumatic stress disorder (C-PTSD) for the duration of their lives.6 Setting aside the illegality and inhumanity of torture, the Nurjaman case spotlights important concerns and challenges for the practice of forensic psychiatry. The manifestations of C-PTSD from torture or severe and prolonged trauma and abuse adversely affect mental state for a lifetime.
Language: en |