Moot Court Demonstration Showcases the Role of Expert Medical Documentation in Conflict-Related Sexual Violence Prosecution

As a partner of the UK Government's Foreign, Commonwealth and Development Office (FCDO) and the Preventing Sexual Violence in Conflict Initiative (PSVI), Synergy for Justice directors, personnel, and partners from Lawyers and Doctors for Human Rights (LDHR) participated in the PSVI conference in London from November 28-29, 2022. The PSVI was started by former British Foreign Secretary William Hague and Angelina Jolie. It “aims to raise awareness of the extent of sexual violence against women, men, girls and boys in situations of armed conflict and rally global action to end it.” (read more about it here)

As a UK partner, Synergy was invited to showcase its work, specifically how the medical documentation of torture and sexual violence cases contributes to accountability for perpetrators and justice for survivors. Synergy and LDHR demonstrated the impact of medical expert evidence and how it can be used to provide alternative sources of evidence and reduce reliance on survivor testimony which often results in retraumatisation of survivors.  We also highlighted the importance of dedicated commitment to local actors and the positive impacts that survivors experience after their cases have been documented.

To accomplish this we worked closely with the LDHR team to create a moot court scenario based on a real case they documented and prepare the testimony and the questions for the prosecutor. Synergy also moderated the panel discussion that followed the moot court. 

What is a Moot Court and Why Is It Helpful?

A moot court is used as a way to simulate a real court environment to help lawyers train. Moot courts are helpful to illustrate the value of medical reports as a form of evidence. They are also helpful for the documenters to understand the importance of the quality of their documentation as evidence that must withstand the rigor of international court examinations. Since 2012, the UK FCDO has been supporting a group of dedicated Syrian doctors and lawyers to develop holistic, survivor-centric and effective responses to the widespread and systematic sexual violence which has been committed in Syria. This started as the PSVI’s first project and was the first deployment of its Team of Experts. It highlights what PSVI support and expertise can achieve.

Now in 2022, that group, Lawyers and Doctors for Human Rights (LDHR), is moving into its seventh successful year of programming as an NGO, supported and mentored by Synergy for Justice (largely the original training team and expert mentors). LDHR doctors have completed over 500 medical expert reports documenting survivors experiences, which are being provided for use in European universal jurisdiction criminal cases. 

Synergy uses the moot court as a way to help its medical documenters practice providing expert witness testimony for cases of torture and conflict related sexual violence. We bring in international judges, prosecutors and defence lawyers to take LDHR through their expert testimony. Synergy also assigns medical and legal coaches to the doctors and lawyers to help prepare them for the moot court. During the sessions, LDHR doctors are asked questions about the medical report first by a prosecutor and then by defence, and the process is overseen by a judge. At the end of each session, the judge, coaches, and attendees give feedback to the doctor about what part of their testimony was strong and what requires more training.

Reactions to the PSVI Moot Court Experience

Participating in the presentation of the moot court at the PSVI conference was a meaningful experience for the Synergy team and our partners at Lawyers and Doctors for Human Rights.

“Sharing our work through this moot court with a wider audience and hearing their positive feedback deepened our feeling of great responsibility to support survivors and to continue to develop ourselves and improve the quality of our work." Yasir Seyid (LHDR lawyer and chairman of the board. He was the prosecutor in the moot court)

 “It was a wonderful experience. It gave us the opportunity to present our role as doctors and lawyers and it made us feel closer to our goal: Through our forensic medical documentation, we seek justice, to hold the perpetrators accountable, and to prevent sexual violence around the world and in Syria in particular.

We were proud to hear the comments from the audience during the Q&A session afterwards, and we felt great joy when the audience broke into applause when they heard about the survivors’ positive reaction to the documentation process.  

The conference was a large well organised forum. It was nice to present our work and have the opportunity to meet others who work in this field around the world and learn more about their work. What distinguishes this experience is the opportunity to present our work in a realistic manner instead of using speeches and presentations. For me as a doctor, nothing compares to this experience, where I was in the position of an expert witness presenting my medical expertise and findings to those who are interested; and to show through this experience, how documenting violations can help prevent their occurrence.”  Mohammad Al Sharif (LDHR documenter and head of the Quality Assurance Committee. He was the expert witness in the moot court)

Overall the PSVI conference was a very successful experience for Synergy for Justice. The conference introduced an audience of more than 600 participants to Synergy and LDHR’s work. Most people have never heard of forensic medical evaluations, or if they have, they still do not realise how concrete and substantial they are as evidence. People who attended our moot court session learned much more about the evaluation process and came to understand why courts are increasingly relying on forensic medical evidence in torture and sexual violence cases. We received feedback from those who attended the sessions saying that it was very interesting and one of the only sessions that was truly interactive and informative.

"I thought the most impactful part of participating in PSVI for us was demonstrating how the unique and important work of LDHR and Synergy fits in the global efforts to prevent sexual violence in conflict."  Mera Eftaiha, Synergy Director of Programmes

"The robust and meaningful participation of survivors in the conference was critical to its credibility. Many survivors were involved in the content planning as well as in the plenary and side sessions on both days. Not only were their contributions concrete and important, but they were also real. They were honest about their experiences and assessments of where the global community has fallen short in providing remedies and support." Christy Fujio, Synergy Executive Director