Correctional institutions
in the Module stating that the medical examination is to be conducted at the
earliest possible time (within 24 hours). No such note is currently contained in
the Module. The NPM recommends that the justice administration create the
technical prerequisites for this.
XX
A health examination upon arrival must consist of a full-body examination, including
disrobement.
XX
At the health examination upon arrival, inmates should be expressly informed of
the option of a blood test. The refusal by an inmate to undergo a blood test should be
documented in the Electronic Patient Record Module.
XX
In the case of a transfer (e.g. due to a transfer to a different prison or a classification),
a medical examination must also be performed within 24 hours.
XX
The automatic inclusion of newly admitted inmates on the doctor’s appointment list
in the Electronic Patient Record Module should also contain a note that the medical
examination should be performed within 24 hours.
2.5.5.5 Presence of prison guards during medical examinations
The question of which persons should be present in the doctor’s office during
a medical treatment or examination is closely linked to the question of the
scope and timing of the health examination upon arrival.
NPM made a
recommendation in
early 2017
The NPM made a recommendation to the Federal Minister on this matter in
early 2017 (see NPM Report 2016, pp. 99 et seq.), which demanded that only
trained medical and nursing staff should be utilised in the infirmaries and
doctor’s offices of correctional institutions. These persons may not perform any
supervisory functions with respect to inmates. The presence of prison guards
during a medical examination or treatment should be the absolute exception
and only at the request of the doctor. Even in these cases, confidentiality
must be protected to the maximum extent through technical or structural
precautions (e.g. screens, glass partitions, headphones).
Thus far, this recommendation has not been followed. According to the Federal
Ministry, there is a need for additional permanent positions in the nursing
service. In addition, the Federal Ministry believes that the confidentiality of
examinations has been adequately guaranteed because prison guards are
subject to official confidentiality.
International criticism
126
The NPM cannot agree with this argument. An atmosphere of trust is a
necessary component of the “doctor-patient relationship”. Respect for privacy
and confidentiality are fundamental rights of every patient. This means
that discussions with doctors, examinations and treatments should not be
conducted in the presence of third parties. In the course of its visits, the CPT
has already criticised the inadequacy or total lack of confidentiality during
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