LEGAL ISSUES

A GLOBAL APPEAL FOR THE ABOLITION OF TORTURE

Notwithstanding that the United Nations Universal Declaration of Human Rights adopted in 1948 included right to freedom from torture by specifying that "no one shall be subjected to torture or to cruel, in-human or degrading treatment."
      Notwithstanding that the Universal Declaration of Human Rights clearly indicates that this provisions constitutes a prohibition to use of torture to which no exception can be tolerated.
      Notwithstanding that the United Nations International Covenant of Civil and Political Rights underlines that "even in time of public emergency which threatens the life of nation", "no derogations to the prohibition of torture and cruel, inhuman or degrading treatment or punishment can be made."
      Still torture continues to be a fact being perpetuated and tolerated by a large number of governments and other authorities in countries being members of United Nations in contradiction to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted in 1984.
      This is especially the case in dictatorships and in other repressive forms of goverment which rely on torture and the threat of torture for their continued of their populations.
      But also in many countries where democratically elected goverment have succeeded such repressive form of goverment, torture continues to be practised in parts of the system which have not been affected by the political change.
      There is ample evidence to suggest that medical doctors and other health professionals are indirectly actively or passively, involved in these inhuman practises there by acting in contradiction to the World Medical Associations Declaration of Tokyo from 1975 nad the United Nation Principles of Medical Ethics adopted in 1982.
      Against this tragic background THE 5TH INTERNATIONAL SYMPOSIUM ON TORTURE AND THE MEDICAL PROFESSION organised in Istanbul October 22-24, 1992 by the International Rehabilitation Council for Torture Victims in collaboration with the Human Rights Foundation of Turkey and the Tuskish Medical Association appeal to the United Nations and it' s responsible constituent members countries.

• to live up to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. to make a serious effort to remove the practice of goverment, Inspired torture as part of political repression as wall as interrogation or for any other purposes.
• to give the right to a detained or arrested person to demand a medical examination by an independent doctor of his own choice before and after interrogation. The official report must include in detail the history and the findings of the physical examination of the case. The detained or arrested person must be conducted oytside the influences of the police or security forces.
• similarly the family of a person alleged or suspected of having died as a result of torture should have the right to demand an independent post mortem examination of the body.
• to prosecute with dilligence and effectiveness all cases of alleged or suspected torture and enact provisions for free legal aid for the victims.
• to establish the right to compensation to victims of torture and their dependents.
• to repeal all laws establishing impunity for tortures if these laws have been established by a non-democratic goverment.
• to protect by law and confirm by contracts of employment doctors and other health professionals at risk against any obligation to act in contradiction to established medical ethics especially regarding the non-involvement in torture.
• to include in the curriculum of all health professionals and as part of the training of lawyers, police and the military, specific training programmes in ethical obligations and international and national law governing the behaviour of each professional group in relation to the practice of torture.
• to support the establishment of special independent centres offering treatment to torture victims
• and finally, as matter of urgency to increase the national contribution to the United Nations Voluntary Fund for Torture Victims from the present totally inadequate sum of 1.6 million USD for 1992 to reach 25 million USD in 1995 and at least 100 million USD in 1999 (short of making contributions to the United Nations Voluntary Fund for Torture Victims obligatory, which would be natural given the United Nations Declaration of Human Rights thiw could be done by setting each year minimum target sums for each country indicating what ought to be contribution according to the usual distributions to the United Nations activities).