However, in an often overlooked footnote contained in the revised European Prison Rules the
government of Denmark objected to the proposed role of physicians in monitoring those in solitary
confinement, on the basis that this could constitute certifying that the person is fit to continue the
punishment of solitary confinement, which would be unethical. The objection could also have been
made on the basis that this particular treatment may amount to a form of ill-treatment and not only
would the participation of health staff be unethical, it would also be a contravention of international
law. Addressing this ethical issue, the official commentary on the revised Rules stipulates that daily
visits to isolated prisoners “can in no way be considered as condoning or legitimising a decision to put
or to keep a prisoner in solitary confinement”.
What if the disciplinary measure actually or potentially inflicts injury?
It is self-evident that if acts of torture or other cruel, inhuman or degrading treatment are prohibited
by international law, health professionals are also bound by such laws. Furthermore, their conduct
is also constrained by international ethical standards which clearly prohibit not only active
participation in interrogation, but also any other acts such as devising or planning methods of
interrogation, particularly when the use of medical knowledge is solicited or when confidential
medical information is misused against the patient 78. The World Medical Association’s Declaration of
Tokyo states in its paragraph 3:
“When providing medical assistance to detainees or prisoners who are, or who could later be, under
interrogation, physicians should be particularly careful to ensure the confidentiality of all personal
medical information. A breach of the Geneva Conventions shall in any case be reported by the
physician to relevant authorities. The physician shall not use nor allow to be used, as far as he or
she can, medical knowledge or skills, or health information specific to individuals, to facilitate or
otherwise aid any interrogation, legal or illegal, of those individuals”.
Ethical standards also clearly dictate that if health professionals are aware or suspect that a criminal
or other illegal act is planned or has taken place in a prison or other place of detention, they are
obliged to report this act through the appropriate channels, and it is these authorities who will
decide if there is criminal liability and what action is to be taken. Understandably, acting to report
or denounce actions of colleagues (sometimes known as “whistle blowing”) is a very delicate issue,
and in some States may even endanger the life of the person reporting such cases. In countries
where there is a degree of impunity for particular authorities, then there may be separate channels
established to allow confidential reporting of incidents. The World Medical Association has
specifically stated that fellow professionals should provide support and protection to physicians
who are either pressured to participate in acts of torture or other ill-treatment, as well as to those
physicians who report and denounce such acts (WMA Declaration of Hamburg79).
Thus, if the use of solitary confinement is considered to be inhuman or degrading treatment, and
in some cases torture, then it would be contrary both to international law and to international
standards of medical ethics for physicians and other health professionals to participate in the
practice in any way, or to condone or acquiesce to its use. In those instances where the negative
health effects of solitary confinement are deliberately used as a tool for interrogation purposes,
Sourcebook on solitary confinement: The role of health professionals in segregation units
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