It is a contravention of medical ethics for health personnel, particularly physicians:
(a) To apply their knowledge and skills in order to assist
in the interrogation of prisoners and detainees in a manner
that may adversely affect the physical or mental health or
condition of such prisoners or detainees and which is not in
accordance with the relevant international instruments;
(b) To certify, or to participate in the certification of, the
fitness of prisoners or detainees for any form of treatment
or punishment that may adversely affect their physical or
mental health and which is not in accordance with the relevant international instruments, or to participate in any way in
the infliction of any such treatment or punishment which is
not in accordance with the relevant international instruments. [principle 4]
It is a contravention of medical ethics for health personnel, particularly physicians, to participate in any procedure for
restraining a prisoner or detainee unless such a procedure is
determined in accordance with purely medical criteria as being necessary for the protection of the physical or mental
health or the safety of the prisoner or detainee
himself, of his fellow prisoners or detainees, or of his
guardians, and presents no hazard to his physical or mental
health. [principle 5]
There may be no derogation from the foregoing principles on any ground whatsoever, including public emergency.
[principle 6]
Rule 22 of the Standard Minimum Rules for the Treatment of Prisoners
provides:
(1) At every institution there shall be available the services of at least one qualified medical officer who should have
some knowledge of psychiatry. …
IMPLICATIONS
The role of the medical officer in a prison or place of detention is extremely sensitive.
The medical officer is the one person in the institution whom the director cannot tell
what to do in respect of his or her professional duties.
The primary relationship of the medical officer with the prisoner is that of doctor to
patient. This means that issues of medical confidentiality between doctor and patient
must be respected.
The medical officer must be particularly careful not to be involved in any way in the
disciplining or punishment of prisoners or in restraining a prisoner for any reason other
than a medical one.
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