A/HRC/37/27
physical abuse. She emphasized the lawyer’s role in reading between the lines to identify
abuse and said that as lawyers had the right to talk with their client in private, during such
meetings they should inquire about the treatment their client was receiving. If detainees
requested medical assistance while in detention then that must be provided and, if it was
denied, then a lawyer could make a petition for a medical or psychological examination.
30.
Ms. Jabbour spoke about the professional obligations incumbent on health-care
professionals working with detainees in places of detention. She underlined the key
principles of delivering medical care to detainees: free access to health care; parity of care
between prison health care and community health care; confidentiality; patient consent;
preventive health care; humanitarian assistance; and complete professional independence
and competence. She wondered if health professionals were aware of their duties in relation
to torture prevention. She urged professional medical associations to teach their members to
take action against torture and other forms of ill-treatment, thereby enabling health-care
professionals to become human rights advocates. However, she admitted that, for any
health-care provider who worked in a place of detention, there was the issue of dual loyalty
— to the patient and to the authorities — that needed to be handled sensitively. She said
that health-care professionals should protect and monitor human rights and their
documentation of torture could be crucial in providing evidence during court proceedings.
They should insist on the right of detainees to receive medical examinations, rehabilitation
and redress when incidences of torture and ill-treatment occurred. She highlighted the
different, but complementary, roles played by State institutions, the Subcommittee on
Prevention of Torture, and national preventive mechanisms, observing that health-care
professionals should use the findings of those bodies in their work to prevent torture. She
said that health-care professionals should be aware of, and comply with, the Nelson
Mandela Rules, the United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders and the Istanbul Protocol.
31.
Ms. Jabbour referred to the opening, in June 2017, of a forensic and psychological
examination unit located in the Palace of Justice in Tripoli, Lebanon, a joint project
between the Restart Centre and the Lebanese Ministry of Justice. The aim was to remove
impunity for torture, hold perpetrators to account and build on international best practices.
The unit was run by the Restart Centre and provided detainees with physical and
psychological examinations on arrest, as part of an early-screening programme to identify
torture and ill-treatment. In cases in which signs of torture and ill-treatment were detected,
medical and psychological treatment were offered. Restart would gather data over the
coming years in order to map the police stations that practised torture and ill-treatment and
document the number of detainees from different areas within Lebanon that had been
tortured or ill-treated. The statistics would be used to develop public policy to eradicate
torture and establish a national reform programme. The plan was for more such forensic
units to be opened elsewhere in Lebanon.
32.
Mr. Mezghich gave an overview of the Tunisian penal system and the oversight role
of the Ministry of Justice. The Constitution of Tunisia prohibited torture, protected human
dignity and physical integrity, stipulated that crimes of torture were not subject to any
statute of limitations and provided that every prisoner had the right to humane treatment
that preserved their dignity and, when depriving someone of their liberty, the State should
take into account the interests of the family and seek the rehabilitation and reintegration of
the prisoner into society. Tunisian law provided that anyone who aided or abetted an act of
torture, or remained silent if they knew it had taken place, would face a jail term. Public
officials were investigated and referred to a court if they committed acts tantamount to
torture, and that judges performed their functions independently and did not report to the
Ministry of Justice.
33.
Mr. Mezghich referred to the ongoing review of the Penal Code and the reform of
the prison service to better cater for inmates with special needs, such as nursing mothers
and the elderly, and gave an example of the development of separate prison accommodation
for pregnant women. He also detailed the visits to places of detention undertaken by judges
to make sure that they were in accordance with international standards. He referred to the
national institution for countering terrorism, which had been established in collaboration
with a number of human rights defenders, and said that it could pay unannounced visits to
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