Medical examination before release
According to the EPR, paragraph 33.6, a medical examination is part of the
preparation of a prisoner for release. It should be ofered as close as possible
to the time of release,41 but also in good time in order to arrange it properly.
The moment when the prisoner receives the confdential medical report,
which serves as medical information for the physician who will care for him/
her after release, can be used as an opportunity to provide him/her with med‑
ical advice regarding his/her future health care. It is particularly important to
inform drug‑addicted prisoners about the high risk of fatal overdosing if they
resume drug use after release.42 Seamless medical aftercare is especially impor‑
tant for patients undergoing anti‑mycobacterial and antiretroviral treatment
because interruptions lead to the development of drug‑resistant tuberculosis
and drug‑resistant viral strains among patients being treated by psychiatric
maintenance medication or opiate‑substitution maintenance. Continuation
of the latter has been shown to reduce considerably the excessive death rate
of drug users on the frst day after release from prison.43 Continuity of medi‑
cal care during the transition from prison to the community, combined with
psychosocial care, recently called “aftercare” and “through‑care”,44 needs to
be planned much earlier before release but the medical examination before
release plays an important role in this process.
1.5 Medical documentation and record keeping
It might be argued that, given the shortage of health‑care professionals and
their work overload, their scarce time should be spent on immediate patient
care rather than on documentation or paperwork. However, thorough doc‑
umentation and record keeping is essential for qualifed patient care and
its continuity, not only in the interest of the patient but also in the interest
of the health‑care professionals and the prison administration. Allegations
of defective medical care can be brought to the European Court of Human
Rights if no proper medical documentation proves the contrary.45
41. CM: Recommendation Rec(2006)2 on the European Prison Rules.
42. WHO Europe: Prevention of acute drug‑related mortality in prison populations during the
immediate post‑release period (2010).
43. CPT Standards 2002 (rev. 2011).
44. Throughcare Working in Partnership: Throughcare services for prisoners with problematic
drug use – a toolkit, ed. M. MacDonald et al., European Commission (2012).
45. Malenko v. Ukraine 18660/03.
Prison health care and medical ethics Page 20
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