specialized treatment that is not available on site, they should be transferred to external
facilities.553
265. It is essential that medical examinations be conducted in a diligent and thorough manner,
and in full confidentiality. Prison staff should not be present during examinations, except
when required by medical personnel themselves, nor should they monitor these
examinations. They should not interfere, pressure, intimidate or give orders to medical
personnel.554 The principles of clinical independence,555 medical ethics,556 autonomy of
patients and informed consent557 are to be safeguarded.558 Moreover, international bodies
and experts have stressed on several occasions that medical care should not be conditioned
on detainees’ compliance or co-operation with prison authorities and interrogators.559
Adequate medical care entails access to adequate medication and to a “level of health care
that is equivalent to that available to the general population”.560 Detainees also have a right
to access their medical records.561
266. Health professionals owe a primary duty to their patients, irrespective of their employer or
chain-of-command.562 They should document and report their suspicions of torture or illtreatment to the competent authorities or international agencies, without putting their
patients at risk.563 Medical investigations into allegations of torture or ill-treatment are to
include, inter alia, a detailed record of the detainee’s account, “all physical and
psychological findings” of the examination, and a determination of the probable cause of
these findings.564 Furthermore, medical personnel have a duty to document and report if
conditions of detention, including continued detention, affect the physical and mental
553
“Standard Minimum Rules for the Treatment of Prisoners”, op. cit., note 280, Rule 22. As previously mentioned, the United
States has pledged to observe the United Nations Standard Minimum Rules for the Treatment of Prisoners, as part of its OSCE
commitments. OSCE Vienna Document, op. cit., note 90, para. 23.3.
554
UN Special Rapporteur on torture, Interim report to the General Assembly, A/68/295, op. cit., note 304, paras. 51-53.
555
Istanbul Protocol, op. cit., note 313, para. 57: “The principle of professional independence requires health professionals
always to concentrate on the core purpose of medicine, which is to alleviate suffering and distress and avoid harm, despite other
pressures.”
556
Ibid., para. 51: “The central tenet of all health-care ethics (…) is the fundamental duty always to act in the best interests of the
patient, regardless of other constraints, [and] pressures”.
557
Ibid., paras. 63-64: “An absolutely fundamental precept of modern medical ethics is that patients themselves are the best judge
of their own interests. (…) [There is a] duty for doctors to obtain voluntary and informed consent from mentally competent
patients to any examination or procedure. This means that individuals need to know the implications of agreeing and the
consequences of refusing.”
558
UN Special Rapporteur on torture, Interim report to the General Assembly, A/68/295, op. cit., note 304, para. 54.
559
UN Special Procedures, “Situation of detainees at Guantánamo Bay”, op. cit., note 23, para. 70. See, also, IACHR, Eduardo
F. Capote Rodríguez, Case No. 6091, Resolution 3/82, 8 March 1982,
<http://www.cidh.org/annualrep/81.82eng/Cuba6091.htm>.
560
UN Special Rapporteur on torture, Interim report to the General Assembly, A/68/295, op. cit., note 304, para. 54.
561
UN HRC, General Comment No. 34, Article 19: Freedoms of opinion and expression, CCPR/C/GC/34, 12 September 2011,
para. 18, <http://www2.ohchr.org/english/bodies/hrc/docs/GC34.pdf>.
562
Istanbul Protocol, op. cit., note 313, para. 66.
563
Ibid., paras. 67, 69, 72; UN Special Rapporteur on torture, “Study on the phenomena of torture”, op. cit., note 283, para. 137.
See, also, UN Special Rapporteur on torture, Interim report to the General Assembly, A/68/295, op. cit., note 304, para. 53: “Rule
24 [of the Standard Minimum Rules for the Treatment of Prisoners] should insist on the obligation of medical personnel to detect,
treat, properly document and refer to the authority responsible for investigating allegations of torture or other ill-treatment any
signs of torture or other ill-treatment or any case where there are allegations or reasonable grounds to believe that torture or other
ill-treatment may have occurred prior to admission or while in detention”.
564
“Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment”, 4 December 2000, Principle 6(b),
<http://www.ohchr.org/EN/ProfessionalInterest/Pages/EffectiveInvestigationAndDocumentationOfTorture.aspx>.
115
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