33
Most polemics in the area of providing health care services to detainees raises the question whether
a police officer should attend a medical examination. Although the standard implies that medical
interventions, and thus a medical examination, should not be attended by non-medical staff, except
when for justified reasons explicitly required so by the health worker, Instructions on the Treatment of
Arrestees and Detainees, in item 26, paragraph 3, stipulates the obligation of police officers to attend a
medical examination of detained persons.
NPM considers that it is necessary to modify without further delay the provisions of the
Instructions on the Treatment of Arrestees and Detainees which stipulates mandatory presence of police officers to medical examination of detainees.
Apart from the aforementioned, non-medical staff attending medical examinations can have access to
confidential medical information that is not relevant for the treatment of persons deprived of their liberty.
NPM considers that the routine presence of non-medical staff to medical examinations makes
impossible the realization of the important role of physicians in preventing ill-treatment.
In addition, during visits, an issue concerning the access to medical documentation within police records raised, because such documentation represents a particularly sensitive personal data. On the other hand, if a doctor provides access to medical records to another person it can only be with the consent
of the patient, because otherwise it represents the breach of medical confidentiality.
NPM considers that medical records made during
the medical examination of detained persons in the regular procedure should not be available to police officers.
However, if it is necessary that the competent police officers have information which is relevant to their
conduct (e.g. a detainee has to take medication at regular intervals, special dietary needs / restrictions,
etc.) doctor should disclose such information to a police officer, without specifying the diagnosis and
other confidential information; the police officer should make an official note regarding this information.
NPM considers that the physician who performed the medical examination of a detainee
should provide all the relevant information to the competent police officer in writing, accompanied by a clear and comprehensible verbal explanation, about the treatment of the detained
person in order to ensure effective provision of health care services during the detention, that
is to prevent deterioration of his health.
In the event that a physician fails or refuses to act in accordance with the above mentioned, a competent police officer should ask the physician to verbally instruct him, in understandable way, on the
necessary measures and actions to be taken in order to protect the health of a detainee; police officer
should make a note on this in writing and file it in the detention record.
Apart from the aforementioned, physicians should carry out thorough examination of all body regions
of detainees during medical examinations, and in the case of establishing bodily injuries, describe them
as detailed as possible, note down statement of a patient (detainee) regarding the manner in which the
injuries were inflicted, and provide a conclusion on the basis of the facts.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents