CAT/OP/PRT/1
strike. The Subcommittee noted with great concern that even some hospitals, such as the
psychiatric hospital of Coimbra, might not have doctors available round the clock. The
delegation observed situations in which patients were assessed and medication was
prescribed by nurses without the presence of a doctor. In the case of hunger strikes in Porto
Prison, nurses measured blood pressure, blood sugar, urine and weight and the doctor made
an assessment on the basis of those parameters without seeing the inmates.
84.
Some overmedication was noted, for example in the psychiatric hospital of Coimbra
and in Porto Prison, with inmates allegedly being given medication as a form of control of
disruptive or self-harming behaviour, but possibly to compensate for shortage of staff.
Inmates reported that the concept of informed consent for medications was generally not
applied. In one psychiatric unit, for example, the delegation encountered a case of a young
man who stated that he had to accept an injection as a condition for ending his court order,
without having the side effects of such treatment explained to him. Such forms of duress
are likely to be degrading for patients.
85.
The Subcommittee recommends that the State party ensure that all inmates
receive adequate medical attention from doctors, that medication is not used as a form
of control to compensate for a shortage of staff and that informed consent for
treatment is systematically sought.
86.
The Subcommittee notes that all the places visited request the support of the national
institute for medical emergencies in case of a medical emergency. Only psychiatric
hospitals have medical devices (defibrillators) for emergency situations and staff trained in
their use.
87.
The Subcommittee recommends that the State party expand the provision of
medical devices and supplies, such as defibrillators, to be used in medical emergencies
and the associated training for staff to all places of detention in order to ensure that
such help can be provided promptly.
B.
Medical screening and examination
88.
The Subcommittee welcomes the new system in place that seeks to check the
coherence between a detainee’s testimony regarding injuries sustained during arrest or
transfer, at the police station or in prison, on the one hand, and the doctor’s physical
examination, on the other. The Subcommittee is concerned, however, that detainees who
are injured either at the time of arrest or later at police stations are not automatically
referred to or examined by a doctor. The delegation was informed that it was up to the
arrested person him or herself to request to see a doctor if they felt they needed one. While
initial medical screening is normally conducted upon arrival in prisons, it appears that it is
often conducted in the presence of police officers or guards, denying the detainees the right
to confidential examination. This creates the risk that the person arrested will not provide
all the information about possible injuries for fear of reprisals. In only one of the places
visited did the delegation find a confidential registration system for injuries.
89.
Furthermore, the delegation observed that records of the initial medical screening
did not always include all the necessary details, especially with regard to the description of
existing injuries and the circumstances under which they had been sustained. Moreover,
results of the initial medical screening were not always recorded comprehensively in the
medical files of detainees. The delegation noted a lack of awareness of and lack of training
for doctors and nurses on the concept of torture and ill-treatment and the Istanbul Protocol.
90.
The Subcommittee wishes to emphasize that medical examinations of persons
admitted to detention centres and the proper reporting of injuries found during those
examinations constitute important aspects of the process of preventing torture and illtreatment and in combating impunity. 16 Such examinations and registries can also protect
police officers and prison staff against false allegations.
16
Committee against Torture, general comment No. 2 (2007) on the implementation of article 2, para.
13.
15
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