CAT/OP/PRT/1
such delays in access to specialist treatment can lead to worsening of the medical condition
of inmates who are not free to make medical arrangements themselves. Such neglect may in
certain circumstances amount to ill-treatment under international law.
99.
The Subcommittee recommends that the State party improve the access of
inmates to medical care, including specialized medical care, through better
coordination, with the aim of reducing the waiting time for medical assistance for
persons deprived of liberty.
100. The Subcommittee is further concerned that the standards of mental health care
seem low. The problem of overmedicalization has been raised already and in some prisons,
for example Porto Prison, it was reported by the prisoners that everyone was obliged to take
tranquilizers at night.
101. The Subcommittee recommends that the State party ensure that tranquilizers
are not administered without the prior, free and informed consent of prisoners.
102. The Subcommittee noted with concern the lack of consistent application of therapy
for drug users in some prisons, for example Coimbra Prison. In a particularly worrying case,
a heavy drug user reported to the delegation that he had not been provided with any drug
substitution therapy, which caused serious sleep problems, aggressive impulses and a state
of severe mental imbalance. This situation resulted in the prisoner’s transfer to a high
security isolation cell, where he had remained for almost two years by the time of the
delegation’s visit.
103. The Subcommittee recommends that substitution therapy for drug users be
made available to all who need it and that it be administered in a proactive manner.
D.
Forensic units
104. The delegation wants to draw the State party’s attention to the situation in Pavilion
16 of the psychiatric hospital of Coimbra, which is seriously understaffed. All the work
appears to be done by nurses, whereas the doctors only formally authorize treatments and
medications and most of the time are not present in the clinic. Article 35 of the 1998 Mental
Health Act requires a review of the detained patient’s situation two months following the
beginning of the detention and two months after each decision to extend the detention. The
delegation was informed that that mandatory review did not always take place. The medical
files at the hospital were not updated and, based on a review by the delegation, they did not
seem to meet the necessary standards. The delegation encountered a case of overmedication
with severe side effects that had been examined by an external neurologist. Nevertheless,
according to the documentation that the delegation was able to review, the psychiatrist
responsible for the medication seemed unwilling to adjust the medication despite the
obvious side effects. The delegation is particularly concerned about a case of a young
female inmate who has been kept in detention in this forensic unit without any medical reevaluation. Furthermore, she was kept in the unit even after the court decided to release her,
because “she had no other place to go”. The delegation considers that this is an example of
arbitrary detention, as the deprivation of liberty has been extended beyond the period
ordered by the court.
105. The Subcommittee urges the State party to ensure that Pavilion 16 of the
psychiatric hospital of Coimbra has adequate staffing, maintains detailed and
regularly updated medical records and adheres to all provisions stipulated in law,
including providing alternative care for patients formally released from the hospital.
E.
Psychiatric units
106. The delegation observed a general lack of non-medical treatment in psychiatric units,
that is, different recreational and creative activities. There was also a lack of psychological
care and, in most places, a lack of occupational therapy. The Subcommittee considers that
the implementation of the procedure for individual risk assessment as a basis of admission
to psychiatric care under court order is inadequate. In the cases reviewed by the delegation,
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