Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation liberty (Principle 1). It is thus “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” (Principle 2). It is also a contravention of medical ethics, inter alia, for physicians, to “apply their knowledge and skills ... to assist in the interrogation of prisoners and detainees in a manner that may adversely affect the physical or mental health or condition of such prisoners or detainees” (Principle 4(a)) and “to participate in any procedure for restraining a prisoner or detainee unless such a procedure is determined in accordance with purely medical criteria” as being necessary for certain specifically identified purposes (Principle 5). 3.6 The Code of Conduct for Law Enforcement Officials, 1979 The Code of Conduct for Law Enforcement Officials, 1979, is aimed at all officers who exercise police powers, especially the powers of arrest and detention (art. 1 with Commentary). “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons” (art. 2). In particular, they “may use force only when strictly necessary and to the extent required for the performance of their duty” (art. 3) and may not “inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment”. Furthermore, such acts cannot be justified by superior orders or exceptional circumstances such as a state of war or other public emergencies (art. 5). Lastly, among other obligations, “law enforcement officials shall not commit any act of corruption” and “shall rigorously oppose and combat all such acts” (art. 7). 3.7 The United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), 1990 The United Nations Standard Minimum Rules for Non-custodial Measures, 1990, also called The Tokyo Rules, “provide a set of basic principles to promote the use of non-custodial measures, as well as minimum safeguards for persons subject to alternatives to imprisonment”, and are “intended to promote greater community involvement in the management of criminal justice” and “to promote among offenders a sense of responsibility towards society” (General Principles 1.1 and 1.2). The Rules cover all stages from pre-trial, through the trial, sentencing and post-sentencing stages, and further deal, inter alia, with the implementation of non-custodial measures (Principles 5-14). 64 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers

Select target paragraph3