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VII. HEALTH PROFESSIONALS DOCUMENTING TORTURE AND ILL-TREATMENT ISTANBUL PROTOCOL

to do so would, according to WMA, constitute a (ii) General consultations with health
form of complicity in torture and ill-treatment. 524 professionals;

605. In cases in which consent is not obtained and alleged (iii) Clinical assessment as a preliminary
or observed torture may constitute a threat to the examination;
person as well as to others, even representing systemic
problems, there is a need for health professionals (c) Health-care, psychiatric and social institutions:
to communicate their concerns and report on such
matters in ways that respect medical confidentiality. (i) General consultations with health
professionals;

B. Contexts in which documentation (ii) Institutional health inspections;
may be necessary
(iii) Regular health checks;
606. Health professionals may encounter alleged torture
and ill-treatment in many different contexts. (d) Ad hoc national and international settings:
These contexts include, but are not limited to:
(i) Allegations of torture or ill-treatment in the
(a) Police and military custody or prison: context of human rights fact-finding missions;

(i) Clinical evaluations requested by detainees; (ii) Medical evaluations requested by regional and
international courts and tribunals;
(ii) Mandatory clinical evaluations during
detention (e.g. initial screening upon detention (e) Health-care facilities, emergency rooms and urgent
and health checks of segregated detainees); care centres:

(iii) Examinations or forms of regular screenings, (i) General consultations with health
such as health checks; professionals;

(iv) General consultations with health (f) Other contexts:
professionals;
(i) NGO investigations and individual evaluations
(v) Monitoring of places of detention and all of alleged victims;
places of deprivation of liberty (e.g. national
preventative mechanism, national human (ii) Rehabilitation and treatment centres for
rights institution, Subcommittee on Prevention torture victims.
of Torture, ICRC, European Committee for
the Prevention of Torture, the Inter-American 607. In these contexts, the primary purpose of a clinical
Commission on Human Rights, United Nations encounter may vary. In some encounters, the primary
Special Rapporteurs and NGOs/civil society purpose will be to evaluate alleged and suspected
organizations); cases of torture and ill-treatment and/or delivery
of health-care services. Other encounters may have
(vi) Different kinds of institutional health as the primary purpose to monitor conditions of
inspections; detention and treatment of persons deprived of
their liberty with a view to prevent torture and
(b) Immigration contexts (whether deprived of ill-treatment, including monitoring of the delivery
liberty or not): of health services. In addition, clinical encounters
may occur in both legal and non-legal contexts.
(i) Clinical screening of asylum seekers; Any clinical evaluation of an individual deprived
of their liberty should be considered a legal context

524 WMA resolution on the responsibility of physicians.

145