particularly in pre‑trial institutions. This issue has been addressed repeatedly
by the CPT, also in recent country visits.36
Notwithstanding its importance, it must be borne in mind that, as a rule,
the medical examination on admission, like any other medical intervention,
needs the consent of the patient.37 The health‑care personnel are obliged to
ofer such an examination; however, the prisoner has the right to renounce
it. In cases where the examination is refused, it must be documented in the
medical fle of the prisoner.
Medical examination after incidents of violence
In line with CM Recommendation R (1998) 7 and the CPT Standards, Prison
health‑care services may help prevent violence against prisoners by system‑
atically recording injuries and, if necessary, regularly transmitting general
information to the competent authorities concerning the problem of violence
in prison.38
Medical examinations after incidents of violence provide a fundamental
safeguard against ill‑treatment and impunity as well as against inter‑prisoner
violence. This relates not only to screening for signs of violence during medical
examinations on admission, but also to medical examinations after every inci‑
dent of violence during detention. Any allegation of violence or ill‑treatment
has to be recorded, followed by a thorough medical examination, medical
documentation of the fndings and the physician’s conclusion, and these must
be forwarded to the relevant prosecutor with the consent of the patient as
grounds before the court.39 In addition, every incident of violence should be
included in the systematic statistical recording of violence, conducted by the
health‑care professionals, in order to help the authorities to assess the level
of violence in a prison and to draw up preventive measures against violence.
Negligence in following these recommendations has been criticised by the
CPT during several country visits.40
36. CPT/Inf (2012)1; (2012)9; (2012)17; (2012)19; (2012)21; (2012)32.
37. CPT Standards 2002 (rev. 2011).
38. CPT Standards 2002 (rev. 2011); CPT/Inf (2011)33; (2011)24; (2012)17; (2012)34.
39. CPT Standards 2002 (rev. 2011).
40. Slawomir Musial v. Poland 28300/06, Aerts v. Belgium 25357/94.
Medical ethics in prison Page 19
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