Guidelines for Medical Doctors concerning Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment in relation to Detention
and Imprisonment
A problem of increasing occurrence - and repugnance - had been
the methods of interrogation and torture perpetrated upon prisoners
and detained persons. Some governments had attempted to enlist the
assistance of physicians to monitor these activities. The WMA attempted
to deal with such incidents as they arose. But as reports of such
incidents began to multiply, it became evident that a professional
guideline for physicians was needed.
Early in 1974, the British Medical Association (BMA) notified
the WMA about medical aspects of torture with special reference
to happenings in Northern Ireland. A document prepared by the
BMA's Central Ethical Committee stated that so far as the United
Kingdom, the territories under its control, and BMA members were
concerned. The Committee held the view that in such circumstances
as those occurring in Northern Ireland, a doctor's duty, as always,
lied in the prevention and treatment of illness, and in the care
of the wounded. No doctors should take part, directly or indirectly
in interrogation procedures.
The BMA documents concluded with the suggestion that the wider
issues of the matter should be discussed by the WMA. It noted
that some of form of International Medical Commission should try
to see that mental damage did not occur under intensive interrogation,
to subjects who in many cases had not been tried in a normal Court
of Law. The BMA foresaw grave ethical difficulties where local
doctors were drawn into such situations.
The same year, the WMA Council took particular note of the medical
ethics involved in this problem. It was not confined only to the
situation in North Ireland. Doctors in the U.K. armed forces were
crying out for advice as to what policy they should adopt. During
discussion at the Assembly in Stockholm, in 1974, the British
Medical Association offered to assist in the study of the issue,
and so did the Irish Medical Association which was interested
also on account of the cases of torture existing in Ireland. The
French Medical Federation provided also some documents related
to the subject.
One of the most difficult and important task facing the WMA Council
and its Committee on Medical Ethics was the preparation of a guideline
for medical doctors relative to torture and other cruel, inhuman
or degrading treatment or punishment in relation to detention
and imprisonment. With the tremendous amount of work done by the
three associations named above, it had been possible to prepare
a draft statement which was sent to the Tokyo Assembly where it
was unanimously adopted.
It is worthwhile to mention that the WHO had requested WMA's
cooperation in the development of a statement on this topic which
would be forwarded to the Fifth U.N. Congress on Crime and treatment
of Offenders. The UN Congress used the WMA Declaration as a background
paper.
The Tokyo Declaration has not been revised since its adoption
in 1975.
|
