In addition, rape and other forms of sexual
assault, which may constitute torture or
inhuman and degrading treatment, may not
be disclosed by those who have experienced
this. In some Member States, it may be
overlooked in screening procedures or, when
recognised, categorised as ‘violence against
women’
and
not
considered
as
torture/inhuman and degrading treatment.
Under primary EU law, according to Article 4
of the Charter of Fundamental Rights of the
European Union (‘EU Charter’), “no one shall
be subjected to torture or to inhuman or
degrading treatment or punishment”. In light
of Article 52 (3) of the EU Charter, its meaning
and scope correspond to Article 3 of the ECHR.
If left untreated, the trauma caused by torture
rarely diminishes over time. Such trauma may
cause panic attacks, mistrust, flashbacks,
chronic depression and paranoia, which can
make it extremely difficult for a person to
function in society, as a recent study by The
International Rehabilitation Council for
Torture Victims covering eight EU Member
States highlights. The trauma may also have
a knock-on effect on other family members,
affecting children’s education and ability to
integrate into society. 5
Given the above challenges when trying to
identify accurate reporting of incidents of
torture, posttraumatic stress disorder (PTSD)
and related abuse, the following figures – as
reported to the EU Agency for Fundamental
Rights – have to be interpreted cautiously. It
is likely that the data referred to in this focus
is under-counting the true extent of these
human rights abuses. NGOs, such as
International Rehabilitation Council for
Torture Victims, confirmed these difficulties.
Data on victims of torture
According to data sourced from the Greek
Asylum Service, in 2016, out of 51,091 asylum
applications, 577 applicants were registered
as victims of torture, rape or other sexual
violence or abuse; these included 387 men
and 190 women. Some 250 victims (43.32 %)
were Syrians, 94 (16.29 %) were Iraqis and
48 (8.31 %) were Afghans. 6
It is difficult to produce accurately official data
on the extent and nature of people’s
experiences of torture, given that victims find
it hard to report to the authorities and the
opportunities for reporting are inadequate.
Data
from
non-governmental
organisations (NGOs) can complement official
data – where this exists – but it is also highly
reliant on the ability and opportunities for
victims to report. Some of the reasons victims
do not report can include the following:
Aside from Greece, none of the
other 13 Member States covered in
this report collect official data on
the number of victims of torture
among asylum applicants.
• victims are unable to disclose illtreatment, immediately upon arrival or
shortly after, as they are often not
provided with the psychological
support that they may be in need of;
In Slovakia, although statistics on victims
among asylum seekers are not available, 7 the
Border and Alien Police collects some figures
from the border and from immigration
detention facilities. However, no victim of
torture was reported in 2016. 8
• screenings can take place at a time and
in an environment that does not
encourage disclosure of abuse, for
example, due to lack of confidentiality
in crowded facilities;
In Bulgaria, Denmark and Sweden, nongovernmental organisations (NGOs) provided
unofficial estimates on victims of torture
identified among asylum applicants in 2016. In
Bulgaria, three victims were tortured in their
countries of origin and two or three persons
were subjected to sexual violence and
exploitation by smugglers. In addition, about
10-15 cases of domestic violence were
identified, some of which led to suicide
• screenings are often carried out by
state agents, including members of the
border guard or police force. As torture
can be perpetrated by law enforcement
officials, this does not encourage trust
in these authority figures, and victims
are unlikely to disclose abuse.
3