48. The intentional withholding of medical treatment from persons in places of
detention or from persons injured by an act attributable to public officials will
engage the protection from torture, inhuman and degrading treatment. Medical
officers should daily see all sick prisoners and any prisoner to whom their
attention is specially directed, and should report to the director of the institution
whenever they consider that a prisoner's physical or mental health has been or
will be harmed by continued imprisonment or by any condition of
imprisonment.365
49. Appropriately qualified medical officers should regularly inspect and advise the
director on the quantity and quality of food, the hygiene and cleanliness of the
institution and the prisoners, and observance of the rules concerning physical
education.366
Hunger Strikes and Forced Feeding
50. The World Medical Association considers that force-feeding of an individual will
amount to inhuman or degrading treatment. In their view doctors should never
be used to break hunger strikes through acts such as force-feeding.367
51. As part of his report on the situation of detainees in Guantanamo Bay, the UN
Special Rapporteur on the right to health made the following observation: ‘From
the perspective of the right to health, informed consent to medical treatment is
essential, as is its “logical corollary” the right to refuse treatment. A competent
detainee, no less than any other individual, has the right to refuse treatment. In
summary, treating a competent detainee without his or her consent - including
force-feeding - is a violation of the right to health, as well as international ethics
for health professionals’.368
D. Interrogation
52. Interrogation techniques can also violate the prohibition on torture and cruel,
inhuman and degrading treatment. Therefore the legal system needs to provide
fundamental safeguards against ill treatment and States are required to keep
under review rules and practices relating to interrogation for those in
detention.369 Judges and prosecutors play a key role in safeguarding against
such ill treatment. Essential safeguards include:
The right of detainees to have the fact of their detention notified to a third
party of their choice (family, friend or consulate);
The right of prompt access to a lawyer;
The right to challenge the legality of the detention (habeas corpus);
The right to a medical examination by a doctor of his or her choice.
365
Ibid, and Rule 25.
Ibid, Rule 26.
367 http://www.wma.net/e/policy/h31.htm. See also X v Germany, European Court, (1984) 7 EHRR 152.
368 E/CN.4/2006/120, 27 February 2006.
369 Article 11 UNCAT. Human Rights Committee General Comment No.20, 44th Session (1992), para
11.
366
74
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