CAT/OP/POL/CSPRO/1 undergoes initial subjective (interview) and objective (physical) examination upon being admitted to the penitentiary facility and no later than within 3 working days of admission. 122. Medical examination of people to be imprisoned is carried out by doctors and nursing staff immediately. It is a rule that on the day of admission the convicted person is made subject to sanitary and epidemiologic assessment and the interview is conducted to establish the patient’s history in terms of illnesses, in particular tuberculosis, epilepsy, viral hepatitis, HIV. The procedure of medical examination includes the chest X-ray to rule out tuberculosis. Additionally, upon admission patients are informed about HIV contraction issues and, if they give consent, they may be tested for HIV. 123. Any other system would require providing, in almost 120 penitentiary facilities and external wards, medical staff for public holidays, e.g. in a form of duty hours, which would require the recruitment of the significant number of medical staff and the significant financial resources for salaries; this model is not justified as it would mean doubling the functions of the State Emergency Medical Service. Additionally, it should be emphasised that persons arrested by the police, before being placed in a correctional facility or a detention centre, are examined in public healthcare facilities for the purpose of determining whether they may be placed in a penitentiary facility. 124. According to the Penal Enforcement Code, at the request of the officer or a member of staff of the prison medical treatment facilities for persons deprived of liberty, healthcare services may be provided to the convicted person without the presence of the officer who is not a health professional. In the majority of cases the medical staff of prison medical treatment facilities for prisoners, resign from applying preventive security measures for the period of medical examination or other medical procedures if there is no risk of danger on the part of the prisoner. The staff in question possess substantive knowledge on the circumstances in which healthcare services objectively require intimacy and respecting the patient’s dignity, with the rules of security being followed at the same time. 125. In relation to paras 106 and 107 of the report, medical records are kept in accordance with the Ordinance of the Minister of Justice of 26 February 2016 on the types and scope of medical records kept in medical treatment facilities for persons deprived of liberty and processing of such records (Journal of Laws, 2016, item 258), which does not require any ‘register of injuries’ to be kept. If any injuries are discovered, relevant notes are made in the book of health. The only place to record any disorders, including injuries, is medical records. The introduction of other documents, such as ‘the register of injuries’, would force medical staff to unjustified duplication of entries. 126. If an injury is discovered, a medical doctor takes a relevant note in the book of health, describing the location and scope of the injury. Additionally, the doctor notifies the director of the penitentiary unit in a memo. Full information on health condition, including potential injuries, contained in medical records are made available to the prisoner and authorised bodies and institutions in accordance with the provisions of the Act of 6 November 2008 on the Patient’s Rights and the Patient’s Ombudsman (Journal of Laws, item 1318, consolidated text) and the Ordinance of the Minister of Justice of 26 February 2016 on the types and scope of medical records kept in medical treatment facility for prisoners and processing of such records (Journal of Laws of 2016, item 258). 127. The officers and civil servants of the prison medical treatment staff attend regular workshops, also in the area of making medical staff more sensitive to human rights aspects and the content of ‘Istanbul Protocol’. Since July 2017, the schedules of workshops for prison medical treatment facility staff in all penitentiary facilities and Prison Service Training Centres include topics covered by the Protocol. At the same time during training sessions for prison medical treatment facility management, topics covered by ‘Handbook on Effective Investigating and Recording in Cases Related to Torture and Other Inhuman or Degrading Treatment or Punishment’ are also raised. In general, the priority legal act that governs the conduct of a medical doctor, also if they are members of prison medical treatment staff, is the Act on the Profession of Doctor and Dentist dated 5 December 1996 (Journal of Laws of 2017, item 125) and the Medical Code of Ethics. 128. As far as paras. 108–109 of the report are concerned, as regards the conclusions relating to methadone substitution therapy in penitentiary facilities the Subcommittee 30

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