Correctional institutions
a blood test is only permissible on a voluntary basis with the prior consent of
the imprisoned person.
The NPM believes that it is necessary to adapt the decree so that prisoners
are expressly informed that they can undergo a blood test in the course of
the health examination upon arrival – which is in their own interest for
the purpose of fully understanding their health condition. The NPM also
recommends that any refusal by the inmate be documented in the Electronic
Patient Record Module.
At the present time, disrobement is not a mandatory part of the health
examination upon arrival. However, in the opinion of the NPM, the health
examination upon arrival must consist of a full-body examination, including
disrobement. Therefore, the NPM believes it is necessary to include this in the
standardised examination catalogue for the health examination upon arrival.
Disrobement necessary
The purpose of the health examination upon arrival is to determine the
condition of the person’s health before he or she is placed in government
custody. A second purpose of the health examination upon arrival is to
discover any signs of mistreatment and to have them medically investigated.
It is not sufficient to leave it to the medical staff to determine, whether
disrobement is necessary in the individual case after taking the medical history.
Infectious diseases, rashes and possible allergies could be overlooked by the
doctor or remain hidden. Therefore, the imprisoned person must be physically
examined to effectively prevent the spread of communicable diseases and
ensure that he or she receives adequate medical care.
In addition, disrobement is necessary to discover any injuries or signs of
mistreatment. Moreover, the guidelines of the UN Istanbul Protocol require
an examination and a detailed description of any injuries as standard
documentation. The UN Istanbul Protocol is a manual for effective
examination and documentation of torture and other cruel, inhuman or
degrading treatment or punishment.
International standards
The NPM notes with regret that no adaptation of the decree has been promised.
With regard to the timing of the health examination upon arrival, the NPM
emphasised last year that newly admitted prisoners should be subjected to a
medical examination at the earliest possible time after admission.
New admissions
In the opinion of the NPM, even in the case of a transfer, the health examination
upon arrival should be conducted on the day of arrival or within 24 hours.
This is because the condition of a person’s health can change.
Transfers
The NPM’s recommendations in this matter were followed. It was ordered
that newly admitted inmates must be automatically included on the doctor’s
appointment list in the Electronic Patient Record Module for the health
examination upon arrival. The NPM also recommended that a note be placed
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