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Hong Kong

Give us more time, says barrister

Torture claimants should get an independent opinion of their mental health and their lawyers need more time to prepare their cases, a barrister experienced in handling torture claims said.

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Refugee support group Vision First marches to protest against Immigration Department's 100 percent rejection of torture claims on April 27, 2013. Photo: May Tse
Joyce Ng

Torture claimants should get an independent opinion of their mental health and their lawyers need more time to prepare their cases, a barrister experienced in handling torture claims said.

This will give them better protection and credibility because many claimants suffer from depression or post-traumatic stress disorder and cannot remember many events and may not recall incidents in order, said Robert Tibbo, who is also a non-executive director of Vision First.

An independent report can support their evidence, "as interviewers invariably do not believe what they say", he said.

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As the Legislative Council starts a discussion to revamp the refugee status screening mechanism today, Tibbo has urged officials to set up a panel of mental health professionals comprising psychologists, psychiatrists and forensic pathologists.

The panel should be independent of the Immigration Department, which assesses the torture claims, he said.

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The law required duty lawyers representing a torture claimant to prepare a case within 28 days on receiving a referral but this was inherently unfair, he added.

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