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Letters

Doctors, prison torture and the “war on terror”

Niyi Awofeso
MJA 2006; 184 (11): 588-589

To the Editor: The arrest and imprisonment of 17 Australian-based suspected terrorists on 8 November 2005 underscores a need for Australian prison medical workers to implement strategies for either preventing or following up prison torture incidents.

The definition of prison torture is problematic, not least because modern prisons evolved to sequester torture practices from public view.1 I define prison torture as custodial practices that: increase the likelihood of extreme deprivation in prison settings; facilitate traumatic stress on prisoners, resulting from beatings or excessive force used more as punishment than as restraint; result in inadequate or unaffordable health care; and/or expose prisoners to heightened risk of interpersonal violence and sexual assault.

Advocates of prison torture regard it as a means of quickly extracting information, humiliating prisoners to the extent of weakening their resolve, and sending a “tough on crime” message to potential terrorists. However, as the well publicised Abu Ghraib prison incidents in Iraq demonstrate, torture practices diminish the moral clout of implicated military physicians and governments.2

Physical and psychological scars from torture commonly lead to depression, major disconnection of victims from friends and family, and occasionally suicide. Confessions obtained under torture conditions are inadmissible in modern legal systems. Moreover, graphic torture incidents may be framed by terrorist organisations as recruitment tools.

The 1975 World Medical Association Declaration prohibits doctors’ involvement in torture.3 Unfortunately, active medical complicity in prison torture did not end with the Nazi era.4 While Australian doctors have so far not been directly implicated in prison torture practices,5 the inability (or unwillingness) of Australian prison doctors to recognise and promptly speak out on such incidents in the past has been unfortunate. Prison torture practices in which doctors are actively or passively involved diminish the standing of the medical profession, whose members are expected to be advocates for people at risk of torture.

With a likely increase in the number of people imprisoned for terrorist activities in Australian prisons, medical workers need to be trained in the proper application of the Istanbul Protocol6 — a 1999 international guideline for the investigation and documentation of torture and its consequences — to enhance their skills in suspecting, documenting, and reporting prison torture incidents. It is also important that prison doctors are not placed in a “dual loyalty conflict” with regard to the treatment of terrorist suspects.4 Such risks may be minimised by administering prison health care through mainstream health departments, as well as by regular anti-torture training programs for frontline prison workers.

Niyi Awofeso, Conjoint Associate Professor of Public Health

University of New South Wales, Sydney, NSW.

niyi.awofesoATjusticehealth.nsw.gov.au

  1. Foucault M. Discipline and punish. New York: Vintage Books, 1995: 3-8.
  2. Greenberg KJ, Dratel JL, editors. The torture papers: the road to Abu Ghraib. New York: Cambridge University Press, 2005.
  3. World Medical Association. Declaration of Tokyo. Guidelines for medical doctors concerning torture and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment. Adopted by the 29th World Medical Assembly, Tokyo, Japan, October 1975. Available at: http://www.cirp.org/library/ethics/tokyo/ (accessed May 2006).
  4. Miles SH. Abu Ghraib: its legacy for military medicine. Lancet 2004; 364: 725-729. <PubMed>
  5. Grabosky PN. The abuse of prisoners in New South Wales, 1943–76. In: Wayward governance: illegality and its control in the public sector. Canberra: Australian Institute of Criminology, 1989: 27-28. Available at: http://www.aic.gov.au/publications/lcj/wayward/ch2t.html (accessed Mar 2006).
  6. United Nations. Office of the High Commissioner for Human Rights. Istanbul Protocol. Manual on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment. Geneva: United Nations, 9 August 1999. Available at: http://www.ohchr.org/english/about/publications/docs/8rev1.pdf (accessed Mar 2006).

(Received 27 Nov 2005, accepted 29 Mar 2006)

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