18
53.
One thorny issue in the field of health care in
prisons concerns the role of prison doctors in relation
to disciplinary matters. Medical practitioners working
in prisons act as the personal doctor of prisoners, and
ensuring that there is a positive doctor/patient
relationship between them is a major factor in
safeguarding the health and well-being of prisoners.
Obliging prison doctors to certify that prisoners are fit
to undergo punishment that might have an adverse
effect on their health is scarcely likely to promote that
relationship. Consequently, the CPT is very pleased to
note that the rule in the 1987 version of the EPR laying
down such a requirement will be removed in the
revised EPR; this is a significant step forward.
However, this still leaves open the question of
the prison doctor’s role vis-à-vis prisoners who are
undergoing disciplinary sanctions which might
adversely affect their health and, more particularly, the
punishment of disciplinary confinement. It is not
uncommon for prison doctors to be required to visit
such prisoners on a daily basis and advise the prison
director if the termination or alteration of the measure
is necessary for medical reasons, and the 1987 version
of the EPR reflects this position. There are divergent and strongly held - views as regards the acceptability
of such an approach.
For some, the need to protect prisoners against
the harmful consequences of sanctions such as
disciplinary confinement must be seen as paramount.
Holders of this view believe that in the absence of a
requirement to visit on a daily basis, there is a real risk
that prisoners undergoing punishment will lose
adequate access to the doctor; they argue that not all
prison doctors can be relied upon to properly monitor
such prisoners on their own initiative and that prisoners
in need of care may not themselves request to see the
doctor or may even be unable to do so. For others, the
requirement of a daily visit is potentially harmful to the
doctor/patient relationship as it amounts to the doctor
confirming on a daily basis that the prisoner concerned
is fit for continued punishment (unless he advises the
prison director to the contrary). Holders of this view
fully accept the need for prison doctors to be very
attentive to the situation of prisoners undergoing
punishment, but argue that their visits to such prisoners
should be on their own initiative and not imposed by
prison regulations.
CPT: 15TH GENERAL REPORT
The revised EPR maintain the requirement of
a daily visit by the doctor, but at the same time make
concessions to the opposing view. The issue is dealt
with in a medical rather than disciplinary framework
and in a generic manner, covering all prisoners held
under conditions of solitary confinement; the
possibility is left open for the daily visit to be carried
out by a qualified nurse rather than the doctor; and,
perhaps most importantly, the doctor is no longer
required to advise the director whether termination or
alteration of a punishment measure is necessary, but
instead has a general duty to report to him whenever a
prisoner’s health is being put seriously at risk by
continued imprisonment or any condition of
imprisonment. This is probably as close as one is going
to get to reconciling the different positions on this
subject.
54.
The CPT understands that the revised
European Prison Rules could be adopted already in the
course of 2005, and it very much hopes that this will be
the case. The new rules will constitute an important
reference point for the Committee. More generally,
they will help to promote the consistent
implementation in practice of up-to-date, positive
standards for the treatment of prisoners, both in Europe
and elsewhere.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents