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Selected topics from 2019
The role and procedures of the health service
Medical personnel must not be involved in decisions
to use coercive measures, such as using restraint
beds.20 They are only responsible for safeguarding
the patient's health and welfare in accordance with
the 'primum non nocere' principle of preventing
harm. The Nelson Mandela Rules set out detailed
rules about the role of medical personnel in relation
to persons deprived of their liberty who are placed
in solitary confinement, isolation or subject to
other similar interventions.21 Medical personnel
should ensure regular medical checks of the
inmates’ physical and mental health, and report
adverse e
ffects to health.22 The Health Personnel
Act Section 4 states that medical personnel
must perform their work in accordance with the
requirements of professional responsibility and
diligent care. Medical personnel play a key role
in relation to inmates placed in restraints, both
because the decision is made on the grounds of
self-harm and risk of suicide, and because being
placed in restraints in itself poses a risk of injury.
Inadequate supervision and medical follow-up
of the inmates’ health while placed in restraint
beds could be aspects of an evaluation that may
result in a violation of Article 3 of the European
Convention on Human Rights has taken place.23
The health risks posed by being placed in restraints
means that a qualified and accessible health
service with solid procedures for follow-up during
and after the use of restraints is essential.
For medical personnel to attend to their duties
according to the Health Personnel Act, they must
have in-depth knowledge of the risk of harm
caused by the use of restraints. Half of the health
services in prisons that have a restraint bed do not
have dedicated procedures for their role and tasks
when inmates are placed in restraint beds. Most
prisons are also dependent on assistance from the
local accident and emergency unit for large parts
of the day when the prison health service is closed.
Very often, inmates are placed in restraint beds in
the evening and remain restrained throughout the
night. In practice, the accident and emergency unit
is rarely contacted, even when an inmate is placed
in a restraint bed.
A review of the supervision logs showed that, in
about half of the cases, a doctor was not consulted
in advance, or notified as soon as possible, as set
out in the guidelines.24 Several of the supervision
logs revealed that inmates spent many hours in
restraint beds without being supervised by medical
personnel.25
Prison officers also reported that doctors from
the accident and emergency units were not very
aware of the risks associated with placing people
in restraint beds. As a result the prison officers
would wait until the next day to notify medical
personnel when prison health service staff were
available.26 In the majority of the cases, the doctors
from the accident and emergency units do not
have previous knowledge of the patients.
20 The Mandela Rules, Rule 46 No 1.
21 The Mandela Rules, Rule 46 No 1, 2, 3.
22 The Mandela Rules, Rule 46 No 2.
23 Henaf v. France, application no. 65436, judgment of 27 November 2003, Section 47.
24 Directorate of Correctional Service (2002). Guidelines to the Execution of Sentences Act and its Regulations, section 38.7.
Revised version of 15 March 2019.
25 See, inter alia, the Parliamentary Ombudsman's report after its visit to Åna Prison, 13–15 November 2017
26 CPT/Inf (93)12-part Health care services in prisons, section 75: ‘Prison doctors and nurses should possess specialist knowledge
enabling them to deal with the particular forms of prison pathology and adapt their treatment methods to the conditions imposed
by detention.’
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