A/HRC/10/29
Noting the duty of medical and other health personnel to practice for the good of the
patients and never do harm or injustice pursuant to the Hippocratic oath and their respective
professional codes of ethics,
Recalling that it is a gross contravention of medical ethics for medical and other
health personnel to engage, actively or passively, in acts that constitute participation in,
complicity in, incitement to or attempts to commit torture or other cruel, inhuman or
degrading treatment or punishment pursuant to the Principles of Medical Ethics,
Stressing that medical and other health personnel have a duty to provide competent
medical service in full professional and moral independence, with compassion and respect
for human dignity, and to always bear in mind human life and to act in the patient’s best
interest under their respective professional codes of ethics,
Noting the duty of all medical and other health personnel to report or denounce acts
of torture or cruel, inhuman or degrading treatment of which they are aware to relevant
medical, judicial, national or international authorities as appropriate under and consistent
with their respective professional codes of ethics,
Noting also that, under the Geneva Conventions of 1949, torture and inhuman
treatment are a grave breach and that under the statute of the International Tribunal for the
Prosecution of Persons Responsible for Serious Violations of International Humanitarian
Law Committed in the Territory of the Former Yugoslavia since 1991, the statute of the
International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide
and Other Serious Violations of International Humanitarian Law Committed in the
Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such
Violations Committed in the Territory of Neighbouring States between 1 January and 31
December 1994 and the Rome Statute of the International Criminal Court, acts of torture
can constitute crimes against humanity and, when committed in a situation of armed
conflict, constitute war crimes,
1.
Condemns all forms of torture and other cruel, inhuman or degrading
treatment or punishment, including through intimidation, which are and shall remain
prohibited at any time and in any place whatsoever and can thus never be justified, and calls
upon all States to implement fully the absolute prohibition of torture and other cruel,
inhuman or degrading treatment or punishment;
2.
Emphasizes that States must take persistent, determined and effective
measures to prevent and combat torture and other cruel, inhuman or degrading treatment or
punishment, and stresses that all acts of torture must be made offences under domestic
criminal law;
3.
Stresses that an order or instruction from a superior officer or a public
authority should not be invoked as justification of torture or other cruel, inhuman or
degrading treatment or punishment and that States must never request or require anyone,
including any medical or other health personnel, to commit any act of torture or other cruel,
inhuman or degrading treatment or punishment;
4.
Urges States to respect the professional and moral independence, duties and
responsibilities of medical and other health personnel;
5.
Also urges States to ensure that all medical and other health personnel may
fulfil their duty to report or denounce acts of torture or cruel, inhuman or degrading
treatment of which they are aware to relevant medical, judicial, national or international
authorities as appropriate under and consistent with their respective codes of ethics, without
fear of retribution or harassment;
GE.09-17451
59
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