In Sarma v Sri Lanka123 army members removed a boy from his family residence in their
presence. He was tortured, hooded and forced to identify other suspects. Despite being told
that the son was dead, his father saw him in the back of a military truck approximately four
months later. When the father sought the Prime Minister’s intervention, the military advised
that the son had never been taken into custody. Noting the anguish and stress caused to the
family by the son’s disappearance and by the continuing uncertainty concerning his fate and
whereabouts, the HRC found that the family had been subjected to ill-treatment.124
Medical treatment and facilities
The ICESCR includes a general right to physical and mental health:
Article 12
1.
The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health.
2.
The steps to be taken by the States Parties to the present Covenant to achieve the full realization of
this right shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy
development of the child;
(b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all medical service and medical attention in
the event of sickness.
In addition, several international instruments contain provisions relating to the provision of
medical care and treatment to detainees. The Basic Principles for the Treatment of Prisoners
provide that prisoners shall have access to the health services available in the country without
discrimination on the grounds of their legal situation.125
Principle 24 of the Principles for Persons under Detention states that:
122
Cakici v Turkey, judgment of the ECHR, 8 July 1999 at [98].
Sarma v Sri Lanka, Communication No. 950/2000: Sri Lanka. 31/07/2003. CCPR/C/78/D/950/2000.
124
Sarma v Sri Lanka, Communication No. 950/2000: Sri Lanka. 31/07/2003. CCPR/C/78/D/950/2000 at [9.5].
125
Basic Principles for the Treatment of Prisoners, Principle 9.
123
87