Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
On this issue, Principle 22 of the Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment goes a step further by
stipulating that “no detained or imprisoned person shall, even with his consent, be
subjected to any medical or scientific experimentation which may be detrimental to his
health” (emphasis added).
The question may rightly be asked whether such vulnerable persons should
ever be subjected to any medical or scientific experimentation, given the often
difficult task of predicting the possible adverse effect that such experimentation may
have.
2.4 Torture and law enforcement officials,
health personnel and prosecutors
It follows from what has been said above that every person concerned with
the arrest, interrogation or detention and imprisonment of a suspect or convict has the
legal duty to treat the person with whom he or she has to deal with respect for human
dignity and to refrain from resorting to torture or ill-treatment. With regard to those
who exercise police powers, such as arrest and detention, this has also been made
explicit in the 1979 Code of Conduct for Law Enforcement Officials, which provides in
its article 5 that:
“No law enforcement official may inflict, instigate or tolerate any act of
torture or other cruel, inhuman or degrading treatment or punishment, nor
may any law enforcement official invoke superior orders or exceptional
circumstances such as a state of war or a threat of war, a threat to national
security, internal political instability or any other public emergency as a
justification of torture or other cruel, inhuman or degrading treatment or
punishment.”
As far as medical personnel are concerned, Principle 2 of the 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 stipulates that:
“It is a gross contravention of medical ethics, as well as an offence under
applicable international instruments, for health personnel, particularly
physicians, to engage, actively or passively, in acts which constitute
participation in, complicity in, incitement to or attempts to commit torture
or other cruel, inhuman or degrading treatment or punishment.”
Rather, it is the duty of these professional groups to protect the physical and
mental health of detainees and prisoners and to provide them with treatment “of the
same quality and standard as is afforded to those who are not imprisoned or detained”
(Principle 1).
As pointed out by the Human Rights Committee, it is important that the
States parties to the Covenant disseminate information to the population regarding the
ban on torture, and, as further emphasized by the Committee, “enforcement personnel,
medical personnel, police officers and any other persons involved in the custody or
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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