been returned to a law enforcement establishment should be duly recorded (at both
the prison and the law enforcement establishment concerned) and that, upon re-admission to the remand prison, the prisoner concerned should again be subjected to
medical screening (see paragraph 72). If further police questioning is necessary, it is
far preferable for this to be carried out at the remand prison, rather than transferring
the remand prisoner concerned back to a law enforcement establishment.
5. Remand detention and health care
71. In the CPT’s experience, remand prisons in particular are not always equipped
with a health-care system that is able to provide medical treatment (including preventive and specialised treatment) and nursing care, or psychological assistance and
physiotherapy, in conditions equivalent to those enjoyed by patients in the outside
community.
In this regard, the CPT considers that all detained persons, irrespective of their legal
status and the place in which they are being held, should have effective access to
medical services. Further, remand prisoners should in principle be given the opportunity to consult and be treated by their own doctor (it being understood that this
may be carried out at their own expense).17
72. The CPT has repeatedly stressed the importance of medical screening of newlyarrived prisoners, especially in establishments which constitute points of entry to
the prison system. Such screening is essential, in particular to prevent suicide and
the spread of transmissible diseases (such as tuberculosis, hepatitis B/C, HIV). Prison
health-care services can also make a significant contribution to the prevention of
ill-treatment during the period immediately prior to imprisonment, namely when
persons are in the custody of law enforcement agencies, through the systematic and
timely recording of injuries and, when appropriate, the provision of information to
the relevant authorities.18
Every newly-arrived remand prisoner should be properly interviewed and physically
examined, as soon as possible and no later than 24 hours after his/her admission, by
a medical doctor (or a fully qualified nurse reporting to a doctor), under conditions
guaranteeing medical confidentiality. In this connection, particular attention should
be paid to the specific needs of vulnerable groups such as juveniles, elderly persons,
substance-addicted persons and persons with mental disorders.
73. In the CPT’s experience, medical treatment which has been started in the outside community is sometimes interrupted when a person is remanded in custody and
placed in a prison. Likewise, treatment is on occasion interrupted when a prisoner
is released or transferred from one establishment to another. In some countries,
the CPT has observed that treatment which requires a longer-term commitment is
not provided to remand prisoners because of the short-term or uncertain remand
17. See also paragraph 37 of Recommendation Rec(2006)13 of the Committee of Ministers to member
states on the use of remand in custody, the conditions in which it takes place and the provision
of safeguards against abuse.
18. For further details, see paragraphs 71 to 84 of the 23rd General Report on the CPT’s activities (CPT/
Inf (2013) 29).
General Report of the CPT, 2016 ► Page 38
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