Page 83 - ประมวลสรุปความรู้เกี่ยวกับพิธีสารอิสตันบูลและพิธีสารมินนิโซตา

ISTANBUL PROTOCOL II. RELEVANT ETHICAL CODES

including the decision not to cooperate with the not knowingly place individuals in danger of reprisal.
evaluation. Clinicians should not examine individuals They are not exempt from taking action but should use
for the court without the consent of the individual discretion and must consider reporting the information
regardless of the law. Forensic doctors may not falsify to a responsible body outside the immediate
their reports but must provide impartial evidence, jurisdiction or, in situations in which this would
including making clear in their reports any evidence of not entail foreseeable risks to health professionals
maltreatment. 314 If the detainee does not give consent and patients, report it in a non-identifiable manner.
for the evaluation (or any part of the evaluation) or Clearly, if the latter solution is taken, health
its documentation, the clinician should document the professionals must take into account the likelihood
reason for the lack of consent (see also para. 273). of pressure being brought on them to disclose
identifying data or the possibility of having their
182. As stated above, health professionals must also bear medical records forcibly seized. While there are no
in mind that reporting abuse to the authorities in easy solutions, health professionals should be guided
whose jurisdiction it is alleged to have occurred may by the basic injunction to avoid harm above all other
well entail risk of harm for the patient or for others, considerations and seek advice, where possible, from
including the whistle-blower. Health professionals must national or international health professional bodies.

314 Vincent Iacopino and others, “Physician complicity in misrepresentation and omission of evidence of torture in postdetention medical examinations in Turkey”, Journal of the
American Medical Association, vol. 276, No. 5 (1996), pp. 396–402.

42