Tortura psicologica e trauma psichico: la legge e la scienza

The recent introduction of a specific offence of torture in ordinary Italian criminal law includes the requirement of \u201cverifiable psychic trauma\u201d as evidence, certified by experts, of the torture suffered. Since there is no \u201ctorture trauma\u201d or \u201ctorture syn- drome\u201d in the literature, this article addresses this topic by comparing the require- ments of the law and the data of clinical and research-based studies about torture suffering, with particular attention to psychological torture. The state of the art of scientific research shows that the trauma (the psychological harm caused by a trau- matic event) is not a universal outcome. Different methods of torture produce dif- ferent effects depending on individual factors (emotional development, cognitions, values, religious beliefs, gender, etc.) and social factors (culture, political system, economy, etc.), so different people can suffer from different consequences. People can react to potentially traumatic events, such as torture, with a wide range of pos- sible ways. On the basis of this empirical evidence, we highlight the need not to fix an equivalence between \u201csuffering\u201d and \u201cmental harm\u201d, and to avoid using \u201cmental harm\u201d as an indicator of \u201csuffering\u201d caused by torture. As the Italian law disregards these indications, in conclusion, the possible consequences of the certification of a \u201cverifiable psychic trauma\u201d on the victim and the dangers of a re-victimization pro- cess are discussed