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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