E/CN.4/2004/56
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in particular rules 22, 24, 25, 26, 52 and 82, as well as principle 24 of the Body of Principles on
Detention, provide for a set of medical guarantees. They should be read in conjunction with the
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in
the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment adopted by the General Assembly in 1982, the Declaration
of Tokyo adopted by the World Medical Association in 1975 and the Declaration of Malta on
Hunger Strikers, also adopted by the World Medical Association in 1992.
43.
With regard to access to the outside world, the Special Rapporteur reiterates that persons
deprived of their liberty shall be permitted to have contact with, and receive regular visits from,
their relatives, lawyers and doctors and, when security requirements so permit, third parties such
as human rights organizations or other persons of their choice. In accordance with principle 19
of the Body of Principles on Detention, access to the outside world can only be denied on
reasonable conditions and restrictions as specified by law or lawful regulations. The Special
Rapporteur notes that such access is not only a basic guarantee to prevent incidents of torture and
other forms of ill-treatment, but also forms part of the right to family and private life enshrined
in article 12 of the Universal Declaration of Human Rights and article 17 of ICCPR. In the light
of the interpretation given by the Human Rights Committee in general comment No. 16,
“interference authorized by States can only take place on the basis of law, which itself must
comply with the provisions, aims and objectives of the Covenant” (para. 3).
44.
While the Special Rapporteur acknowledges the necessity of guaranteeing discipline and
order in places of detention, he emphasizes that security measures and restrictions shall remain
under any circumstances proportionate to their aim. The use of force by law enforcement
officials should be applied only when strictly necessary and in accordance with the principles
codified in the United Nations Code of Conduct for Law Enforcement Officials, the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials and the Standard
Minimum Rules. It is the view of the Special Rapporteur, the use of physical force which is not
genuinely justified by the conduct of the detainee may amount to torture or another form of
ill-treatment.
45.
Equally, the Special Rapporteur considers that the use of restraint techniques and/or
instruments in order to control a detainee may amount to torture or another form of ill-treatment
when they are applied in a degrading and painful manner. The Special Rapporteur notes that
rule 33 of the Standard Minimum Rules prohibits the use of certain instruments of restraint
such as chains or irons and limits the use of other methods to the following circumstances:
precaution against escape during a transfer; upon request of a medical officer or by order of the
director upon consultation with the medical officer; when other methods of control have failed;
or in order to prevent self-injuries, injuries to others or property damage. In any case, the
Special Rapporteur notes that the use of restraint techniques or devices shall never be made as a
punishment. Rule 34 of the Standard Minimum Rules further establishes that restraint “must not
be applied for any longer time than is strictly necessary”.
46.
The Special Rapporteur refers to his preliminary study on the situation of trade in and
production of equipment which is specifically designed to inflict torture or other cruel, inhuman
or degrading treatment, its origin, destination and forms, where he noted: “The legitimate use
of … some restraints (such as handcuffs) and kinetic and chemical devices is recognized in a
number of appropriate circumstances …. It is nevertheless alleged that they have also been
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