This procedure cannot be challenged from a legal perspective, especially since the security authorities’ duty of care with respect to detained persons and the special relationship of dependency and protection end with release from detention. The NPM considers it a positive signal that police physicians inform persons who are unfit to undergo detention of any additional medical measures and possibilities before their release. As already mentioned, good communication between physicians and prisoners is a primary necessity for a proper assessment of the state of the detainee’s health, including his mental health (see Item 2.6.2.2 regarding the working group on suicide prevention for details). In connection with the psychiatric care of detainees, the NPM also dealt with the important role that police physicians play in assessing mental illnesses, judging fitness to undergo detention, initiating diagnostic or therapeutic measures and committing persons under the Hospitalisation Act. Role of police physicians The Federal Ministry of the Interior emphasised that police physicians, as experts, have completed relevant training, which qualifies them to assess mental illnesses. They are qualified to issue instructions under the Hospitalisation Act. Police physicians are also able to correctly assess mental symptoms and psychiatric illnesses. These physicians would like to always have a psychiatrist or psychologist available for acute interventions; however, this is not possible at all times. In the opinion of the NPM, these statements of the Federal Ministry of the Interior underscore the problem, which has been described many times: the lack of psychiatric or psychological support for police physicians in their work, especially outside of Vienna. For the NPM, it is not a matter of competition between general practitioners and medical specialists. Rather, the expertise of the medical specialist will only be of practical use if collaboration and ongoing communication with general practitioners takes place. A good communication structure can contribute to ensuring that detainees receive appropriate medical and psychiatric care on the level required by the CPT. Is psychiatric care appropriate? Police physicians should always be able to correctly assess the need for specialised treatment of detained persons based on the situation and to quickly access psychiatric expertise, if necessary, regardless of the day of the week and the time of day. The commission’s activities show that this goal is not consistently achieved. The face-to-face exchange between the NPM, the Federal Ministry of the Interior and the police physicians deployed to the police detention centres within the framework of the working groups can make an important contribution to structural improvements. Finding common solutions  A clear definition of the term “fitness to undergo detention” should be provided in the Code of Conduct for Detention.  Particular sensitivity should be used in determining whether a person is unfit to undergo detention due to mental impairment.  A precise verbal exchange with the person being examined is necessary. An interpreter 131

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