CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM The inspection revealed that persons detained in the expulsion centre are generally ensured access to both general and specialised medical care regardless of the low standard of health care established under the Obligation to Leave and Prohibition on Entry Act. As a result of the inspection, the Chancellor reached the conclusion that the standard of health care to be ensured for persons to be expelled under § 269(1) of the Obligation to Leave and Prohibition on Entry Act is not in conformity with § 28(1) of the Constitution or the above Directive. On this basis, the Chancellor recognised the practice of the expulsion centre to ensure both general and specialised medical care for the detainees. The Chancellor of Justice recommended to the Minister of Internal Affairs to analyse the regulative framework of the provision of health care to persons to be expelled under the Obligation to Leave and Prohibition on Entry Act and initiate amendment of § 269(1) of the Act in order to bring it in line with the Constitution and the Directive. Secondly, the Chancellor dealt with the issue of guaranteeing the independence of health care providers, their awareness of the particularities of the provision of the service in the expulsion centre and of the persons detained in the centre. Health services at the centre are provided by a general practitioner and medical nurses on the basis of a contract. The general practitioner has provided the service at the centre since its establishment. The provider of the nursing care service was chosen through a public tender for a period from 1 January 2010 to 31 December 2010. According to the contracts, the service providers must comply with the Health Care Services Organisation Act and the conditions established in relevant other legislation, but the contracts did not include the principle of independence of the health service provider. In addition, the contract for the provision of nursing care services explicitly states that the contracting entity may provide guidance and orders to the service provider concerning the provision of the service and the service provider must comply with them. The contract also fails to define principles having relevance in terms of prevention and detection of ill-treatment within the provision of health services. Moreover, the medical nurse noted that after the conclusion of the contract the expulsion centre did not explain to them the particularities of the centre and the persons detained there. On this basis, the Chancellor made the following recommendations to the Director General of the PBGB: (1) establish the principle of independence of the service provider in the contracts for the provision of health services; (2) define in the contracts for the provision of health services the duties of service providers in connection with the prevention and detection of ill-treatment in addition to duties concerning medical treatment; (3) when entering into a contract with a new service provider, ensure that they are informed about the particularities of the centre and the persons detained there; (4) define, either in the contract or in internal guidelines, clear procedures as to when, how and whom the medical staff are required to notify about possible cases of ill-treatment; (5) make available to the service provider the recommendations of the Chancellor of Justice concerning the provision of health services and the role of medical staff in preventing and detecting ill-treatment. The Director General of the PBGB replied that the contracts for the provision of services in the expulsion centre would be amended, so as to establish the independence of the service provider from the contracting entity and ensure that the service provider proceeds from the requirement of providing effective medical treatment to the detainees in the centre. The contract will also include the requirement for the service provider to have undergone training on the principles of documenting and reporting any cases of torture and other forms of ill-treatment. It will be established in the contract that in case of detection of ill-treatment the provider of health services should notify in writing the head of the internal audit bureau of the PBGB and the head of the migration supervision bureau of the Citizenship and Migration Department of the PBGB. Thirdly, it was verified whether the detainees in the expulsion centre have access to dental care in case the persons themselves have no funds to pay for the care. The medical staff of the centre explained that if a person does not have any financial resources, only tooth extraction is provided free of charge. 28