CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM
The Chancellor recommended to the Director General of the PBGB to ensure preservative dental care for
detainees in the expulsion centre.
The PBGB replied that it would make a proposal to the Ministry of Internal Affairs to amend § 269(1) of
the Obligation to Leave and Prohibition on Entry Act.
Fourthly, it was assessed how the confidentiality is ensured when detainees are referred to a health service
provider outside the expulsion centre.
The inspection revealed that in case of provision of health services outside the expulsion centre the practice
concerning the presence of the escort team varied. On some occasions, although not always, a member of
the escort team was present during the provision of the health service. Medical staff have either requested
the presence of the escort team or asked them to wait outside. Neither the authorisations issued to detainees for stay outside the expulsion centre nor the escort plan contained a note whether the escort team was
present during the provision of the health service.
The Chancellor made the following recommendations to the Director General of the PBGB: (1) ensure
that police officers are outside the hearing distance during the provision of health services and, unless the
medical staff explicitly request otherwise, also outside the range of vision; (2) record on the escort plan
attached to the authorisation for stay outside the expulsion centre whether a member of the escort team
was present during the provision of the service, where he or she was located and whether it was at the
request of the doctor, including the relevant affirmation by the doctor; (3) if an authorisation for the use
of restraining measures was given, record whether handcuffs were used during the provision of the health
service; (4) specify the PBGB guidelines for escorting detainees with regard to the principles for the use of
special equipment and presence of the escort team during the provision of health services.
The PBGB replied that the presence of police officers during escort outside the centre is organised in accordance with the escort plan, a reasoned decision and risk analysis. The use of handcuffs during escort is
recorded on the escort plan. Officials of the expulsion centre will be offered training on how to properly
draw up the relevant documents.
Fifthly, the issue of interpretation during the provision of the health service arose during the inspection.
The PBGB in reply to the Chancellor’s request for information explained that if a person detained in the
expulsion centre speaks a language which the health care professional of the centre does not understand,
and if the resident consents, the help of other residents of the centre is used for interpreting. On several
occasions, consular officials acted as interpreters. The PBGB noted that generally the staff of the service
provider participated as interpreters during the provision of health services outside the centre.
The Chancellor recommended to the Director General of the PBGB to consider possibilities for involving,
as a rule, a professional interpreter at the expense of the PBGB in case of provision of health services if
the service provider does not speak the language of the detainee and if the person does not have resources
to pay for the interpreter. This should be kept in mind when providing health services both inside and
outside the centre (in particular in case of psychological and psychiatric counselling).
The PBGB replied that, if necessary, a contractual interpreter at the expense of the PBGB is involved if the
service provider does not speak the language of the detainee and the person has no resources to pay for the
interpreter. If necessary, and with the consent of the person concerned, the assistance of embassies is used
for interpreting.
Sixthly, the practice of recording the data of the initial medical examination was verified.
The inspection revealed that if the initial medical examination is performed by a nurse, the relevant data
are recorded on a removable sticker which did not contain the name of the patient, the name of the nurse
performing the examination, or the date of the examination. In addition, in case of persons detained for
up to 48 hours, no medical file was opened although, allegedly, they undergo initial medical examination.
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