A/HRC/31/57/Add.1
social workers, including those working in private hospitals, other institutions and detention
centres.” (A/HRC/22/53, para. 24).
636. The Rapporteur’s 2013 thematic report to the General Assembly (A/68/295)
emphasized that based on principles 2 and 3 of the Principles of Medical Ethics, and the
Ethical Principles for Medical Research Involving Human Subjects, “health professionals
must not, under any circumstance, consent or acquiesce to torture or other ill-treatment, let
alone take active part in any such ill-treatment.” (para. 56).
637. Furthermore, the Rapporteur’s 2014 report to the General Assembly (A/69/387)
stated that according to medical ethical standards, health professionals have the obligation
not to participate actively or passively in torture or other ill-treatment. No obligation to a
third party can override the duty to protect the individual from torture or other ill- treatment
or to report such cases. The World Medical Association has held that health professionals
should be made aware of their ethical obligations, including the need to report torture and
other ill-treatment, to maintain confidentiality and to seek the consent of victims prior to
examination. The Association has consistently reiterated its policy on the responsibility of
physicians to denounce acts of torture or cruel, inhuman or degrading treatment or
punishment of which they are aware. It urges national medical associations to speak out in
support of these fundamental principles of medical ethics and to investigate any breach of
these principles by their members (para. 29).
638. The Special Rapporteur finds that the Government fails to comply with its obligation,
under international customary law, to investigate, prosecute and punish all acts of torture
and other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in
the Convention against Torture (CAT).
639. The Rapporteur addressed his concerns regarding the CIA’s detention program
comprehensively during his testimony to the Inter-American Commission for Human
Rights on 23 October 2015, which can be read in its entirety here.
(e)
JAL 28/01/2015 Case No. USA 3/2015 State Replies: 17/06/2015 and 02/12/2015
Allegations concerning the conditions of Texas Department of Criminal Justice
(TDCJ) prison facilities, within the State of Texas, and allegations that prisoners and
staff are being exposed to extreme heat resulting in illness and, in some cases, death.
640. The Special Rapporteur thanks the Government of the United States for its replies,
dated 17 June 2015 and 02 December 2015, to the present communication. The Rapporteur
acknowledges the comprehensive account of the Government in response to the concerns,
legal obligations and questions raised in the initial communication. He welcomes the
information provided by the Government according to which the Texas Department of
Criminal Justice (TDCJ) is implementing heat precautionary measures such as providing
water and ice to staff and offenders in work and housing areas, restricting offender
activityduring the hottest parts of the day and wellness checks, among others, in order to
prevent heat-related illnesses and assist detainees in prison facilities from high temperatures
as well as the training of staff to identify those offenders with heat-related illness and refer
them to medical staff for treatment. The Special Rapporteur further welcomes that
offenders are encouraged to seek medical care if they experience any type of heat-related
concerns. He takes note of the information provided regarding the high costs of possible
retrofitting facilities with air conditioning units.
641. The Special Rapporteur reminds the United States their obligation to protect the right
to physical and mental integrity of all persons under its jurisdiction, and encourages the
State to effectively and fully implement all measures and policies established by the TDCJ,
106
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents