Forcible feeding is never ethically acceptable. Even if intended to benefit, feeding
accompanied by threats, coercion, force or use of physical restraints is a form of
inhuman and degrading treatment.
The Tokyo Declaration- Guidelines for Physicians Concerning Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment in Relation to Detention and
Imprisonment, approved by the 29th World Medical Assembly held in Tokyo of Japan,
October 1975, and revised by the 170th session of the World Medical Assembly Council,
held in Divonne-Les-Bains, France, May 2005.
Recommendation no. R (96) 11 of the Council of Europe Committee of Ministers. Its
point 60 foresees the refusal of hunger strikers medical treatment. According to this
point of the Recommendation: “In case of medical treatment refusal, the physician
should ask for an written declaration by the side of the patient, in the presence of a
witness. The physician should fully inform the patient in relation to the possible benefits
from the treatment, possible therapeutic alternatives and should warn him/her of the risks
deriving from the medical treatment refusal. In any case, the patient must fully
understand his/her situation. If this understanding is hampered by factors such as the
language spoken by the patient, the presence of an experienced interpreter should be
required”.
The contents of such acts make it clear that the conditions of the hunger strike are imposed by
strikers themselves, but only physicians can manage the strike. According to these acts, the
hunger strikers are the ones that decide on their own artificial feeding, but forcible feeding is not
acceptable. Meanwhile, according to these acts, the hunger strikers must not be hampered to use
liquids containing sugar, such as tea, glucose, coffee or water containing trisol. They also hamper
threatening acts, physical restrains or other actions performed by physicians or any other state
authority that target interruption or suspension of the hunger strike.
Regarding the above-mentioned, it was recommended to:
Adopt the necessary measures to offer 24 hour medical care for foreigners that are in
hunger strike in the premises of the Closed Reception Center for Irregular migrants in
Karec.
Adopt the necessary measures to inform the medical staff of the regional and
international acts about the treatment and management of the hunger strike, as defined
above.
The National Reception Center for Asylum Seekers in Babrru Tirana – Date 17.09.2015
During 2015 year, a periodical monitoring visit of experts of the People's Advocate
Institution at the National Reception Center of Asylum Seekers in Babrru, Tirana, was carried
out in accordance with the monitoring procedures of the National Mechanism of Torture
Prevention. The target of the visit was gathering information in relation to the rights, conditions
and treatment of asylum-seekers in the institution, and verifying the level of implementation of
the People's Advocate Recommendations presented at letter no. 201401745 Protocol number
82
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