"The ICRC’s observation of the Irish prisoners’ protest also emphasizes the ethical issues for medical providers raised by hunger strikes in prison facilities, particularly concerning the issue of force-feeding such prisoners. As is widely known, the World Medical Association (WMA) Declaration of Tokyo of 1975 prohibits a medical doctor’s participation in torture, whether actively, passively, or through the use of medical knowledge. Article 5 of the Tokyo Declaration also stipulates that prisoners on hunger strikes shall not be force-fed. According to Dr. André Wynen, former and Honorary Secretary-General and founding member of the WMA, Article 5 of the Tokyo Declaration relates to the declaration’s prohibition on medical providers’ involvement intorture. “If a prisoner undergoing torture decided to protest against his plight by going on a hunger strike, a doctor should not be obliged to administer nourishment against the prisoner’s will and thereby effectively revive him for more torture.” The WMA supplemented Article 5 of the Tokyo Declaration with the 1991 Declaration of Malta. The Malta Declaration also prohibits force-feeding, but stipulates that doctors should ultimately act for the benefit of their patients when the prisoner’s detention does not raise concerns about physician involvement in torture and the hunger striker is no longer capable of sound judgment because of the effects of long-term fasting."
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