E/CN.4/2006/120
page 40
105
Physicians for Human Rights, supra note 103, pp. 52-53.
106
Ibid. at 50.
107
E/CN.4/2003/58, para. 95.
108
A/60/348, para. 9.
109
Article 7 (2). A commentator has described the detention facilities at Guantánamo Bay as an
experiment. Jane Meyer, “The Experiment”, The New Yorker (11 and 18 July 2005).
110
Human Rights Committee, general comment No. 21 (1992, replaces general comment No. 9
concerning humane treatment of persons deprived of liberty). States parties report to both the
Human Rights Committee and the Committee against Torture on the implementation of
international standards for medical ethics. See, e.g., the fourth periodic report of Uruguay to the
Human Rights Committee (CCPR/C/95/Add.9, paras. 65-69) and the second periodic report of
Algeria (CAT/C/25/Add.8, para. 6).
111
The World Medical Association is an independent confederation of professional associations,
representing approximately 80 national medical associations.
112
These principles are consistent with medical ethics applicable under international
humanitarian law. See, e.g., Protocol Additional to the Geneva Conventions of
12 August 1949, and relating to the Protection of Victims of International Armed Conflicts
(Protocol I), 8 June 1977, article 16; Protocol Additional to the Geneva Conventions of
12 August 1949, and relating to Protection of Victims of Non-International Armed Conflicts
(Protocol II), 8 June 1977, article 10.
113
International Council of Nurses, “Nurses Role in the Care of Prisoners and Detainees”
adopted 1998.
114
Ibid.
115
Office of the Surgeon General Army, “Final Report: Assessment of the Detainee Medical
Operations for OEF, GTMO, and OIF (13 April 2005) (The Kiley Report); Army
Regulation 15-6, Final Report: Investigation into FBI Allegations of Detainee Abuse at
Guantánamo Bay, Cuba Detention Facility (1 April 2005, amended 9 June 2005) (The
Schmidt Report).
116
See Neil A. Lewis, supra note 103 (ICRC report stated “medical files of detainees were
‘literally open’ to interrogators”); G. Bloche and J. Marks, “Doctors and Interrogators at
Guantánamo Bay” 353;1 New England Journal of Medicine 6, 6 (7 July 2005); Interview with
former detainee Rustam Akhmiarov, London (18 November 2005).
117
The Kiley Report, supra note 115, at 1-8 (Behavioural Science Consultation Teams (BSCT)
“consisted of physicians/psychiatrists and psychologists who directly support detainee