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The American Journal of Bioethics Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/uajb20
Accountability for Doctors Who Torture Steven H. Miles
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University of Minnesota Medical School Published online: 04 Mar 2014.
Click for updates To cite this article: Steven H. Miles (2014) Accountability for Doctors Who Torture, The American Journal of Bioethics, 14:3, 59-59, DOI: 10.1080/15265161.2013.879944 To link to this article: http://dx.doi.org/10.1080/15265161.2013.879944
PLEASE SCROLL DOWN FOR ARTICLE Taylor & Francis makes every effort to ensure the accuracy of all the information (the “Content”) contained in the publications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions and views expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, in relation to or arising out of the use of the Content. This article may be used for research, teaching, and private study purposes. Any substantial or systematic reproduction, redistribution, reselling, loan, sub-licensing, systematic supply, or distribution in any form to anyone is expressly forbidden. Terms & Conditions of access and use can be found at http:// www.tandfonline.com/page/terms-and-conditions
The American Journal of Bioethics, 14(3): 59, 2014 c Taylor & Francis Group, LLC Copyright ISSN: 1526-5161 print / 1536-0075 online DOI: 10.1080/15265161.2013.879944
Letter to the Editor
Accountability for Doctors Who Torture
Downloaded by [Northeastern University] at 23:54 22 February 2015
Steven H. Miles, University of Minnesota Medical School With Increasing Frequency, courts and medical licensing bodies are punishing physicians who abet torture. In 1975, Greece became the first post-World War II nation to courtmartial and imprison one of its own physicians for torture (Stover and Nightingale 1985). During the 1980s, courts imprisoned or medical boards suspended or revoked the medical licenses of physician collaborators with torture in Argentina, Chile, South Africa, and Uruguay. During the 1990s, Brazil and Rwanda joined their ranks as Argentina, Chile, and Uruguay pursued additional cases (Miles, Alencar, and Crock 2010). Thus far in this new century, Guyana, Italy, Pakistan, Sri Lanka, and the United Kingdom have all punished doctors (Doctors Who Torture Accountability Project 2013). In mid November 2013, another Argentine physician was sent to prison. International courts punished Serb physicians (who were senior government officials) for war crimes. Egypt, Russia, and the United States have recently held held unfruitful criminal or licensing proceedings against physicians. A medical board hearing in South Africa found a physician guilty of professional misconduct for his role in assisting special forces kidnappings with drugs. The Doctors Who Torture Accountability Project (2013) documents each case where a medical licensing board or criminal court has punished a physician for involvement in torture. It classifies nations according to whether they (a) systematically punish physicians who abet torture, (b) punish a token number of physicians, or (c) have not taken any action against physicians who are known to be complicit with torture. It compiles standards and literature to be used in such proceedings. The site is regularly updated. Moderators verify submissions of new material. Medical complicity with torture takes many forms. Physicians devise and oversee methods that do not leave evidentiary scars. They offer palliative treatments to tortured prisoners who are then returned to the officials responsible for the abuse. The silence of these presumed advocates demoralizes prisoners. They conceal torture by creating false medical records or death certificates.
Although accountability is increasing, impunity remains the rule (British Medical Association 1992). Since the World Medical Association’s 1975 Declaration of Tokyo explicitly barred direct or indirect medical collaboration with torture, at least 74 nations have had physicians who are known to have collaborated, with none being punished. The drive to end impunity for physicians who abet torture faces many challenges. International courts have limited resources; they largely deal with leaders of state rather than with low-ranking prison physicians. Governments protect their physicians with amnesties and by destroying evidence. Prosecutors must use discretion in pursuing physicians who are coerced to these crimes. Courts and medical boards are reluctant to bring these cases to hearings. Many nations have severe shortages of physicians and can ill afford to deregister and thereby lose physicians. Nevertheless, the assurance of impunity for physicians who torture seems to be quietly coming to an end. It’s about time.
REFERENCES British Medical Association. 1992. Medicine betrayed. London, UK: Zed Books. Doctors Who Torture Accountability Project. 2013. Activated in July. Available at: www.doctorswhotorture.com (accessed October 14, 2013). Miles, S. H., T. Alencar, and B. Crock. 2010. Punishing physicians who torture: A work in progress. Torture 20:23–31. Available at: http://phsj.org/wp-content/uploads/2007/10/Punishingphysicians-who-torture-a-work-in-progress-Miles.pdf (accessed October 14, 2013). Stover, E., and E. Nightingale. 1985. The breaking of bodies and minds: Torture, psychiatric abuse, and the health professions. Washington, DC: American Association for the Advancement of Science.
Address correspondence to Steven H. Miles, University of Minnesota Medical School, Center for Bioethics, 410 Church St SE, Minneapolis, MN 55455, USA. E-mail: [email protected]
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The American Journal of Bioethics Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/uajb20
Accountability for Doctors Who Torture Steven H. Miles
a
a
University of Minnesota Medical School Published online: 04 Mar 2014.
Click for updates To cite this article: Steven H. Miles (2014) Accountability for Doctors Who Torture, The American Journal of Bioethics, 14:3, 59-59, DOI: 10.1080/15265161.2013.879944 To link to this article: http://dx.doi.org/10.1080/15265161.2013.879944
PLEASE SCROLL DOWN FOR ARTICLE Taylor & Francis makes every effort to ensure the accuracy of all the information (the “Content”) contained in the publications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions and views expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, in relation to or arising out of the use of the Content. This article may be used for research, teaching, and private study purposes. Any substantial or systematic reproduction, redistribution, reselling, loan, sub-licensing, systematic supply, or distribution in any form to anyone is expressly forbidden. Terms & Conditions of access and use can be found at http:// www.tandfonline.com/page/terms-and-conditions
The American Journal of Bioethics, 14(3): 59, 2014 c Taylor & Francis Group, LLC Copyright ISSN: 1526-5161 print / 1536-0075 online DOI: 10.1080/15265161.2013.879944
Letter to the Editor
Accountability for Doctors Who Torture
Downloaded by [Northeastern University] at 23:54 22 February 2015
Steven H. Miles, University of Minnesota Medical School With Increasing Frequency, courts and medical licensing bodies are punishing physicians who abet torture. In 1975, Greece became the first post-World War II nation to courtmartial and imprison one of its own physicians for torture (Stover and Nightingale 1985). During the 1980s, courts imprisoned or medical boards suspended or revoked the medical licenses of physician collaborators with torture in Argentina, Chile, South Africa, and Uruguay. During the 1990s, Brazil and Rwanda joined their ranks as Argentina, Chile, and Uruguay pursued additional cases (Miles, Alencar, and Crock 2010). Thus far in this new century, Guyana, Italy, Pakistan, Sri Lanka, and the United Kingdom have all punished doctors (Doctors Who Torture Accountability Project 2013). In mid November 2013, another Argentine physician was sent to prison. International courts punished Serb physicians (who were senior government officials) for war crimes. Egypt, Russia, and the United States have recently held held unfruitful criminal or licensing proceedings against physicians. A medical board hearing in South Africa found a physician guilty of professional misconduct for his role in assisting special forces kidnappings with drugs. The Doctors Who Torture Accountability Project (2013) documents each case where a medical licensing board or criminal court has punished a physician for involvement in torture. It classifies nations according to whether they (a) systematically punish physicians who abet torture, (b) punish a token number of physicians, or (c) have not taken any action against physicians who are known to be complicit with torture. It compiles standards and literature to be used in such proceedings. The site is regularly updated. Moderators verify submissions of new material. Medical complicity with torture takes many forms. Physicians devise and oversee methods that do not leave evidentiary scars. They offer palliative treatments to tortured prisoners who are then returned to the officials responsible for the abuse. The silence of these presumed advocates demoralizes prisoners. They conceal torture by creating false medical records or death certificates.
Although accountability is increasing, impunity remains the rule (British Medical Association 1992). Since the World Medical Association’s 1975 Declaration of Tokyo explicitly barred direct or indirect medical collaboration with torture, at least 74 nations have had physicians who are known to have collaborated, with none being punished. The drive to end impunity for physicians who abet torture faces many challenges. International courts have limited resources; they largely deal with leaders of state rather than with low-ranking prison physicians. Governments protect their physicians with amnesties and by destroying evidence. Prosecutors must use discretion in pursuing physicians who are coerced to these crimes. Courts and medical boards are reluctant to bring these cases to hearings. Many nations have severe shortages of physicians and can ill afford to deregister and thereby lose physicians. Nevertheless, the assurance of impunity for physicians who torture seems to be quietly coming to an end. It’s about time.
REFERENCES British Medical Association. 1992. Medicine betrayed. London, UK: Zed Books. Doctors Who Torture Accountability Project. 2013. Activated in July. Available at: www.doctorswhotorture.com (accessed October 14, 2013). Miles, S. H., T. Alencar, and B. Crock. 2010. Punishing physicians who torture: A work in progress. Torture 20:23–31. Available at: http://phsj.org/wp-content/uploads/2007/10/Punishingphysicians-who-torture-a-work-in-progress-Miles.pdf (accessed October 14, 2013). Stover, E., and E. Nightingale. 1985. The breaking of bodies and minds: Torture, psychiatric abuse, and the health professions. Washington, DC: American Association for the Advancement of Science.
Address correspondence to Steven H. Miles, University of Minnesota Medical School, Center for Bioethics, 410 Church St SE, Minneapolis, MN 55455, USA. E-mail: [email protected]
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