Assessment and litigation of ocular injuries by less-lethal weapons.

Abstract

The main cause of serious ophthalmological injuries, includingviolent eye amputations in the context of so-called less lethalweapons, is the use of blunt objects, such as batons or extendablesticks and the use of kinetic energy projectiles (rubber bullets,pellets, foam projectiles or others). Such injuries in the contextof population control have been considered to constitute cruel,inhuman or degrading treatment or even torture when they arecarried out, intentionally or unintentionally, by State officials(or with their acquiescence or protection) and involve any of thepurposes contemplated in the Convention against Torture. Dueto their special characteristics, they constitute rights violationsthat entail unique difficulties and complexity from both a legaland forensic point of view. This paper addresses some of thesedifficulties with practical legal and forensic recommendations.It is structured in two parts: First, legal, where we considerlegal difficulties and provide suggestions on elements for obtainingevidence are given. Second, medico-psychological andforensic where we review the elements to be considered in theinterview, the medical and ophthalmological evaluation, andthe psychometric, psychological and psychiatric evaluation.