41. A number of CoE countries have introduced systematic medical examinations of all
persons who are deprived of their liberty by the police, 28 before or during police
custody. This is a commendable practice, which could – if properly implemented – serve
as an important safeguard against police ill-treatment. These routine examinations are
usually carried out by doctors, nurses or paramedics who are directly working at the
respective police facility, by visiting doctors, or in public hospitals, where apprehended
persons are brought before entering custody.
42. The most important practical shortcoming noticed in almost all countries – whether
during medical examinations upon the request of a detainee, or during routine medical
examinations – is the complete lack of medical confidentiality. In most cases, police
officers are routinely present during medical examinations, which is likely to discourage
persons who have been ill-treated from saying so.
In practice, how can legitimate security concerns be met while at the same time
not rendering the preventive aspect of a medical examination entirely futile?
43. Further, in practice medical examinations are oftentimes done in cursory manner;
detected injuries are not documented properly; and medical staff do not report
indications or explicit allegations of ill-treatment to a competent authority. These
problems appear to arise regardless of whether the medical professionals are private
doctors visiting police stations, are employed by the police, or are working in public
hospitals.
Employing medical staff directly at police custody facilities has advantages and
disadvantages. On the one hand, they could be more efficiently trained in
documenting signs of ill-treatment and reporting obligations than general
medical staff working in public hospitals. On the other hand, police doctors
oftentimes lack independence. How could this be solved?
In some countries, systematic medical examinations are carried out in a limited number of police
establishments.
28
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