E/CN.4/2006/120
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70.
The Special Rapporteur on the right to health has received serious and credible reports of
violations of the right to health - both health care and the underlying determinants of health - at
Guantánamo Bay.102 The reports allege, inter alia, that (i) the conditions of confinement have
had devastating effects on the mental health of the detainees; (ii) provision of health care has
been conditioned on cooperation with interrogators; (iii) health care has been denied,
unreasonably delayed and inadequate; (iv) detainees have been subjected to non-consensual
treatment, including drugging and force-feeding; and (v) health professionals systematically
violate professional ethical standards, precluding the provision of quality health care for
detainees. Although all these allegations are serious, given the limited length of this report, the
Special Rapporteur will consider two issues: mental health, and the ethical responsibilities of
health professionals, including those arising from force-feeding.
A. Mental health
71.
Reports indicate that the treatment of detainees since their arrests, and the conditions of
their confinement, have had profound effects on the mental health of many of them.103 The
treatment and conditions include the capture and transfer of detainees to an undisclosed overseas
location, sensory deprivation and other abusive treatment during transfer; detention in cages
without proper sanitation and exposure to extreme temperatures; minimal exercise and hygiene;
systematic use of coercive interrogation techniques; long periods of solitary confinement;
cultural and religious harassment; denial of or severely delayed communication with family;
and the uncertainty generated by the indeterminate nature of confinement and denial of access
to independent tribunals.104 These conditions have led in some instances to serious mental
illness, over 350 acts of self-harm in 2003 alone, individual and mass suicide attempts and
widespread, prolonged hunger strikes.105 The severe mental health consequences are likely to be
long term in many cases, creating health burdens on detainees and their families for years to
come.106
B. Ethical obligations of health professionals, including
in relation to force-feeding
72.
In his reports, the Special Rapporteur has emphasized that health professionals play an
indispensable role in promoting, protecting and fulfilling the right to health.107 Nonetheless, in
the past, some health professionals participated, often under duress, in violations of the right to
health and other human rights.108 In response to these abuses, international human rights
instruments have addressed the conduct of health professionals. ICCPR, for example,
states that “no one shall be subjected without his free consent to medical or scientific
experimentation”.109 Further, the Human Rights Committee has invited States parties to report
on the extent to which they apply the United Nations 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 General Assembly resolution 37/194 of 18 December 1982.110
73.
The United Nations Principles of Medical Ethics apply to all health professionals. They
state that it is a contravention of medical ethics for health personnel (a) to be in any relationship
with detainees “the purpose of which is not solely to evaluate, protect or improve their physical