E/CN.4/2006/120
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and mental health”, (b) to use their knowledge and skills to assist in the interrogation of
detainees “in any manner that may adversely affect physical or mental health”, or (c) to certify
the fitness of detainees for any “treatment or punishment that may adversely affect their physical
or mental health”. The United Nations Principles also state that there may be no derogation from
these principles on any ground, including public emergency.
74.
The World Medical Association adopted similar ethical standards in the Declaration of
Tokyo (1975), which was subsequently adopted by the American Medical Association.111 The
Declaration prohibits doctors from participating in, or being present during, any form of torture
or other form of cruel, inhuman or degrading treatment and from providing any knowledge to
facilitate such acts. The doctor’s fundamental role is to alleviate distress and no other motive
shall prevail against this purpose.112 The International Council of Nurses also condemns
interrogation procedures harmful to mental and physical health, as well as inhumane treatment of
detainees:113 “Nurses have a fundamental responsibility to promote health, to prevent illness, to
restore health and to alleviate suffering.”114 These internationally agreed ethical norms are
implied in, and form an essential part of, the right to health. Compliance by health professionals
with such ethical standards is essential to realizing the right to health.
75.
The Special Rapporteur has received reports, many confirmed by investigations of
the United States military,115 that health professionals in Guantánamo Bay have systematically
violated widely accepted ethical standards set out in the United Nations Principles of
Medical Ethics and the Declaration of Tokyo, in addition to well-established rules on medical
confidentiality. Alleged violations include: (a) breaching confidentiality by sharing
medical records or otherwise disclosing health information for purposes of interrogation;116
(b) participating in, providing advice for or being present during interrogations;117 and
(c) being present during or engaging in non-consensual treatment, including drugging and
force-feeding.118 In sum, reports indicate that some health professionals have been complicit in
abusive treatment of detainees detrimental to their health. Such unethical conduct violates the
detainees’ right to health, as well as the duties of health professionals arising from the right to
health.
76.
A report of the International Committee of the Red Cross indicates that the “apparent
integration of access to medical care within the system of coercion meant that inmates were not
cooperating with the doctors. Inmates learn from their interrogators that they have knowledge of
their medical histories and the result is that prisoners no longer trust the doctors”.119 The Special
Rapporteur is concerned that the information detainees disclose to health professionals has been
used to punish and coerce, and therefore detainees have learned that they cannot trust health
professionals. As a result, detainees may not seek health care or, if they do, may not disclose to
health professionals all information necessary to receive adequate and appropriate health care. In
the context of the hunger strikes, a trusting relationship between the detainee and the health
professional is essential for the health professional to provide health information and advice to
the hunger striker consistent with ethical principles.
77.
The United States Department of Defense has promulgated Medical Program Principles
that parallel the United Nations Principles of Medical Ethics, yet differ significantly in several