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"No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture."
Article 2
UN Convention
Against Torture
 
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California passes landmark resolution on health professionals and torture

On 14 August, California became the first U.S. state to adopt a resolution that aims to prevent health professionals from engaging in coercive interrogations at U.S. military detention facilities. The IRCT's Vice President, Dr Jose Quiroga, played a critical role in campaigning for the resolution.

The role of health professionals in torture has been the focus of considerable debate, especially in the context of the "war on terrorism". Several medical professional groups have condemned torture, and in late 2007, the World Medical Association went one step further by passing a resolution that emphasises physicians' responsibility to document torture and other inhuman treatment. Nevertheless, recent reports have highlighted how health professionals have been complicit in the torture and ill-treatment of detainees in U.S. custody abroad.

Expert testimony

Earlier this year, Dr Quiroga - who also serves as Medical Director of the Los Angeles based Program for Torture Victims (PTV) - testified before the California Senate Business Professions and Economic Development Committee during a hearing on medical participation in torture. His testimony highlighted the medical and psychological consequences of torture and cruel, inhuman and degrading treatment, as well as how senior interrogators have deemed torture an ineffective method of gaining reliable information.

Dr Quiroga also provided examples of some of the ethics violations committed by American health professionals working for the Department of Defense. "Participation in interrogation, coercive interrogation and torture of prisoners is unethical and illegal," he stated. "Health professionals who participate in these activities should be held responsible for their actions." 

The first of its kind

Under Senate Joint Resolution 19, California licensing boards must inform health professionals of their obligation under national and international law to prevent torture and other forms of ill-treatment. If licensees participate in interrogations that do not meet international standards for prisoner treatment, they may face prosecution. The resolution also requests that health professionals licensed in the state of California be removed from coercive interrogations by the Central Intelligence Agency (CIA) IA and Department of Defense.

The passage of Senate Joint Resolution 19 came after nearly three years of campaigning by Dr Quiroga and a number of other organisations, including the American Friends Service Committee, Physicians for Social Responsibility and PTV. Many other individuals, human rights and medical groups - including the California Medical Association - petitioned in favour of the resolution.

Dr Quiroga hopes that the California resolution will set a precedent nation-wide. "The California Legislature is sending a message to the Federal government that they are wrong, and I hope that other state legislatures will follow Califonia's example," he says. Dr Quiroga may get his wish - a similar measure is under consideration in New York later this year.