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

Resumen

The main cause of serious ophthalmological injuries, including
violent eye amputations in the context of so-called less lethal
weapons, is the use of blunt objects, such as batons or extendable
sticks and the use of kinetic energy projectiles (rubber bullets,
pellets, foam projectiles or others). Such injuries in the context
of population control have been considered to constitute cruel,
inhuman or degrading treatment or even torture when they are
carried out, intentionally or unintentionally, by State officials
(or with their acquiescence or protection) and involve any of the
purposes contemplated in the Convention against Torture. Due
to their special characteristics, they constitute rights violations
that entail unique difficulties and complexity from both a legal
and forensic point of view. This paper addresses some of these
difficulties with practical legal and forensic recommendations.
It is structured in two parts: First, legal, where we consider
legal difficulties and provide suggestions on elements for obtaining
evidence are given. Second, medico-psychological and
forensic where we review the elements to be considered in the
interview, the medical and ophthalmological evaluation, and
the psychometric, psychological and psychiatric evaluation.