E/CN.4/2004/56 page 14 52. The right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment and its non-derogable character, as repeatedly highlighted by the Special Rapporteur, is clearly enshrined in the International Bill of Human Rights. While the Special Rapporteur has received very little information suggesting that the intentional transmission of HIV-infected blood is common practice, he would like to recall that, in light of similar practices with other infectious diseases, the prohibition of torture undoubtedly includes the prohibition of such practice. 53. The existence of a similar prohibition could also be found in international humanitarian law. In this respect, the Special Rapporteur draws the attention of the Commission to article 13 of the Geneva Convention relative to the Treatment of Prisoners of War which provides that “prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited and will be regarded as a serious breach to the … Convention”. 54. Furthermore, the Special Rapporteur recalls, as stated in the International Guidelines on HIV/AIDS and Human Rights (para. 130), that to deny detained persons access to HIV-related information, education and means of prevention, voluntary testing, counselling, confidentiality and HIV-related health care and access to and voluntary participation in treatment trials could constitute cruel, inhuman or degrading treatment.9 55. In addition, the issue of rape as a form of torture is particularly relevant in the context of HIV/AIDS. As repeatedly stated by the Special Rapporteur, rape, in particular when women are the victims, is an especially traumatic form of torture. In this respect, the first Special Rapporteur on torture, Mr. Kooijmans, noted that “since it was clear that rape or other forms of sexual assault … were a particularly ignominious violation of the inherent dignity and the right to physical integrity of the human being, they accordingly constituted an act of torture”.10 In the context of HIV/AIDS, rape may have dramatic consequences. Therefore, the Special Rapporteur would like to recall that States, through prison authorities, owe a duty of care to people in custody; this duty also includes a duty to combat rape and other forms of sexual victimization that may result in HIV transmission.11 56. The right to health is closely related to and dependent upon the realization of other human rights, including the prohibition against torture. According to the analysis of the Committee on Economic, Social and Cultural Rights in its general comment No. 14, the right to health contains both freedom and entitlements. Regarding the prohibition of torture in the context of HIV/AIDS, the Special Rapporteur draws attention to the freedom to control one’s health and body, including sexual and reproductive freedom, and the right to be free from interference such as the right to be free from non-consensual medical treatment and experimentation, especially for people in custody. Non-consensual medical or scientific experiments are clearly prohibited, inter alia by ICCPR (art. 7), and may amount to a war crime (Rome Statute of the International Criminal Court, art. 8). Such experiments should also be prohibited in the context of research related to HIV/AIDS. The right to health also gives rise to entitlements including to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable standard of health. In particular, States are under the obligation to respect the right to health by, inter alia, refraining from denying or limiting equal access for all persons, including persons deprived of their liberty, to preventive, curative and palliative health services. In addition, States should refrain from limiting access to