New initiative to stop medical complicity in torture

The UN Human Rights Council Resolution, entitled "Torture and other cruel, inhuman or degrading treatment or punishment: the role and responsibility of medical and other health personnel" was passed on 20 March 2009. The resolution targets states directly, urging them to act to prevent health workers from becoming involved in torture and to protect those who stand out against it. In addition, it directly addresses both healthcare professionals and the UN special rapporteur on torture, by asking the rapporteur to give particular attention to the problem of "medical complicity".

A full discussion of the resolution recently appeared in the British Medical Journal (Polatin et al, BMJ 2010, 340: c973). Download the article here

The World Medical Association has established the Tokyo Declaration as an ethical code which precludes medical involvement in, and complicity with, torture. However, the association may lack investigative powers, particularly in countries where advocacy groups are not tolerated. Moreover, The Tokyo Declaration is not a binding obligation that would empower the World Medical Association to investigate allegations of medical complicity in torture, even if it had the resources to do so. These two constraints are not an issue for involvement by the UN special rapporteur on torture. These facts offer the possibility of an alliance between the World Medical Association and the UN special rapporteur, who could act together to ensure compliance with the resolution.

Particularly relevant would be reports about 1) cases of torture and 2) work conditions or employers that infringed upon physicians' ability to maintain their professional integrity. The special rapporteur, then, could have the resources and authority to investigate plausible allegations, with the force of this binding resolution to apply in the event that findings were to substantiate the claims. This, in turn, could lead the World Medical Association to either back the appropriate actions for the national medical association to take, or consider bringing sanctions or even suspension, should the local organization have been deemed insufficiently proactive in response to the findings of the special rapporteur.

RCT ends the letter with an offer to discuss further involvement at the practical level and to support and/or develop methods for monitoring dual obligation conditions.


Written by Heidi K. Tokle