MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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The role of the medical doctor in the use of coercive means is particularly sensitive. The SMR and other rules mention that the doctor
can give his advice on certain measures on medical grounds. As made
explicit by the comments of the CPT, in case of use of restraints the
detainee has the right to be examined immediately by a doctor. This
should under no circumstances be interpreted as asking the medical
doctor to attest ’fitness for punishment’. Such a role for a medical
doctor is in fact explicitly prohibited by international standards and is
contradictory to a doctor’s professional ethics (see also the section:
Medical Services).
It will normally be incompatible with the role of the visiting team
in ensuring respect for human dignity in places of detention, that they
should conduct interviews while prisoners are in restraint.
Reference points
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In what cases is the use of means of constraint authorised?
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How frequently is it used?
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Are all the cases recorded in a register?
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Do the persons so treated have access to a doctor?
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For how long are the means of constraint imposed?
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Is there any evidence that means of constraint are being
disproportionately used in the case of minority groups?
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