No obligation to examine detained juveniles
Every newly-admitted juvenile should be subject to a medical
examination.
Medical examination prior to the placement in the centre is provided to
juveniles with visible bodily injuries, those under the influence of alcohol or
drugs as well as minors who request such an examination.
Medical examination of detainees and proper documentation of injuries
established in the course of such an examination constitute a fundamental
and minimal guarantee protecting such individuals from torture and violence,
which is strongly advocated by institutions monitoring the treatment of persons
deprived of their liberty54.
UN General Assembly Resolution
A proper medical examination shall be offered to a detained or
imprisoned person as promptly as possible after his/her admission
to the place of detention or imprisonment; thereafter medical care
and treatment shall be provided whenever necessary. This care and
treatment shall be provided free of charge55.
Medical examination aimed at determining possible signs of violence
and torture should meet two basic criteria - it needs to be performed in the
shortest time possible after the incident and it needs to respect the principles
concerning effective documentation of torture. The moment of carrying out
the examination in question cannot be underestimated given the requirement
to determine, as accurately as possible, the time of sustaining injuries or
experiencing reported ailments.
Cf. e.g.: The Second General Report of the CPT, CPT/Inf (92) 3, Art. 36-38; CPT report from the
visit to Poland in 2013, CPT/Inf (2014) 21, Art. 26, 30; CPT report from the visit to Poland in
2017, CPT/Inf (2018) 39, Art. 27.
55
Set of principles aimed at protecting all persons under any form of detention or imprisonment
- Resolution of the General Assembly of the UN 43/173 of 9 December 1988, principle 24.
54
Report of the Commissioner for Human Rights on the activities
of the National Mechanism for the Prevention of Torture in Poland in 2018
37
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