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Hanging In India: Letter To A Prison Doctor

Dr Vasant Yamakanmaradi, medical officer of the Central Prison, Hindalga (Belgaum), said the four convicts are both mentally and physically healthy. "We have been regularly conducting their health check-up to ensure they are fit to be executed," he said. "All convicts have been informed about their execution." (1)

The jail authorities began preparations for the executions after President Pranab Mukherjee rejected the mercy petitions of Veerappan's brother Jnanaprakash, Bilavendra, Simon and Meesekar Madaiah last week.

Dear Dr Yamakanmaradi,

Assuming that you’re accurately quoted – and it is mostly likely you have been as another newspaper has also done so while spelling your name differently, it is good to know that you have been checking the health of the four convicts regularly. (2)

I wonder whether you have also been talking to the convicts doctor. Do you talk to them as just living beings that need to be kept alive until the Indian state can snuff out their lives?

Or do you see them as human beings – sons, brothers, husbands, fathers, friends, colleagues, carers of cows and dogs also perhaps? In other words as people – strange thought this – such as you and I? People who – if the criminal justice system got it right – were associated with a notorious gangster, who were caught, convicted, sentenced to death and spent more than eight years in prison, perhaps coming around to believing that their lives will be spared? In many of the shrinking number of countries that retain the death penalty, an eight-year wait would have led to commutation.

The four condemned in your prison claim to be innocent – and the best criminal justice systems in the world, including those in Europe and North America have thrown up numerous cases of miscarriages of justice.

Does it bother you that you might be helping in preparing to hang people who might well be telling the truth when they claim to be innocent? (...)

Do you think preparing prisoners, checking on their health, taking their pulse with the purpose of overseeing their death is in consonance with the oath you took when you entered the profession, doctor? (...)

In a March 2006 essay in the New England Journal of Medicine entitled “When Law and Ethics Collide – Why Physicians Participate in Executions”, [Dr Atul Gawande] has noted that the American Medical Association (AMA), the American Society of Anesthesiologists (ASA) and other professional bodies are opposed to doctors taking part in putting convicts to death. The ASA president is quoted as saying, “Physicians are healers, not executioners”. (5)

An excerpt to whet your appetite:
In 1980 … the AMA passed a resolution against physician participation as a violation of core medical ethics. It affirmed that ban in detail in its 1992 Code of Medical Ethics. Article 2.06 states, “A physician, as a member of a profession dedicated to preserving life when there is hope of doing so, should not be a participant in a legally authorized execution,” although an individual physician's opinion about capital punishment remains “the personal moral decision of the individual.” It states that unacceptable participation includes prescribing or administering medications as part of the execution procedure, monitoring vital signs, rendering technical advice, selecting injection sites, starting or supervising placement of intravenous lines, or simply being present as a physician. Pronouncing death is also considered unacceptable, because the physician is not permitted to revive the prisoner if he or she is found to be alive. Only two actions were acceptable: provision at the prisoner's request of a sedative to calm anxiety beforehand and certification of death after another person had pronounced it.
The code of ethics of the Society of Correctional Physicians establishes an even stricter ban: “The correctional health professional shall… not be involved in any aspect of execution of the death penalty.” The American Nurses Association (ANA) has adopted a similar prohibition.


Source: countercurrents.org, N. Jayaram, Feb. 19, 2013. N. Jayaram is a journalist now based in Bangalore. He writes a blog: http://walkerjay.wordpress.com/

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