Is it ethical to force-feed prisoners on a hunger strike?
by Alexandre Erler
The question, which generated debate a few years ago in the context of the US detention camp at Guantanamo Bay, is now arising again in Switzerland, where imprisoned cannabis farmer Bernard Rappaz has been on hunger strike for about three months now, in protest against a prison sentence he considers excessive. Rappaz was sentenced to five years and eight months behind bars for trading in cannabis and various other offenses. The Federal Court, Switzerland’s highest instance, has ruled that Rappaz should be force-fed if necessary, but doctors in charge of him have refused to obey those orders. A criminal law Professor has argued that according to the Swiss Penal Code, these doctors should be prosecuted, as their refusal amounts to civil disobedience. How should we regard such a legal implication? Is it ethically acceptable, perhaps even required, to force feed someone like Bernard Rappaz?
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