DETENTION MONITORING TOOL FACTSHEET
psychological support for victims. In particular, victims
of gender-based violence and sexual abuse are likely
to experience extreme and prolonged psychological
damage, which can be exacerbated by concerns over
a possible pregnancy or sexually transmitted disease.
Indications of ill-treatment should be accurately
documented, with a detailed description of injuries,
in line with the Istanbul Protocol.48 Medical staff should
use body charts to indicate the exact location of any
injury or mark, and should additionally take photographs
of the injuries, if possible. Any statement made by the
person as to the origins of the injuries should be noted
down, and the medical professional carrying out the
examination should indicate whether these explanations
could be consistent with the objective medical findings.49
It is also good practice for prison healthcare staff to keep
a dedicated register of traumatic lesions, often referred to
as a ‘trauma register’, which can, inter alia, help to provide
an overview of the prevalence of inter-prisoner violence.
Commonly, prison healthcare services in Europe
keep some kind of register on traumatic lesions
of prisoners. For example, in 2012, Greece
introduced specific registers for injuries and
incidents of ill-treatment in all prisons.50
If staff reasonably believe that injuries or other signs
are indicative of torture or ill-treatment, they should
automatically report their findings to the competent
medical, administrative or judicial authority,51 regardless
of an official complaint or allegation.52 However, in
respect to women prisoners who have been subjected
to sexual abuse or other forms of violence before or
during detention, the Bangkok Rules make an important
exception to the automatic reporting requirement,
thereby recognising that in some circumstances
women may not wish to take legal action against
the perpetrator(s).53
Healthcare professionals working in prisons should
be specifically trained in order to gain the necessary
competence in the documentation and interpretation
of injuries, as well as to ensure full knowledge of the
reporting obligation and procedure.54
What could monitoring bodies check?
• Are comprehensive medical screenings, including
for signs of ill-treatment, undertaken by a medical
professional within 24 hours of the arrival of
all prisoners?
• Are persons who have been involved in
inter-prisoner violence, or who have experienced
the use of force by prison staff, routinely
presented to a member of the medical staff? Are
measures subsequently taken to prevent future
incidents?
6 |
• Are medical examinations conducted in line with
international standards – including maintaining
full confidentiality and, in the case of female
prisoners, by female healthcare staff?
• Is a regulation in place outlining the precepts
of documenting and reporting injuries?
• Is a trauma register in place?
• Have physical injuries of detainees been
accurately documented?
• Do healthcare professionals working in prisons
have body charts and photo cameras at their
disposal for the proper documentation of
ill-treatment/injuries?
• Are medical professionals working in prison
specifically trained in documenting injuries and
in the procedures to follow in case of an injury
indicative of ill-treatment?
• Have detected injuries that are indicative of
ill-treatment been promptly reported to the
relevant authorities, if necessary with the
consent of the alleged victim?
Allegations of ill-treatment
A functioning complaints system is an important
prerequisite for effective investigations into allegations
of ill-treatment. Upon arrival at a detention facility,
prisoners should be informed of the various existing
avenues of complaint and the procedures to approach
these bodies.55 A variety of mechanisms should be in
place to receive prisoners’ requests and complaints
about any aspect of their treatment and the conditions
of their detention.
Persons in custody should be enabled to personally
approach the director of the facility or their
representatives on a regular basis, as well as to complain
to the higher prison authorities and ministry responsible
for the prison system.56 Additionally, they should have
unrestricted access to independent external bodies, such
as national human rights or ombudsman institutions,
National Preventive Mechanisms, judicial authorities
and others.57
The Imprisonment Code of Georgia stipulates
that all prisoners can request the provision of
items necessary for filing a complaint, as well as
support for matters such as identifying the correct
addressee or access to interpreters, free of charge.
In 2015, Georgia���s Ombudsperson reported that
90 per cent of prisoners had access to envelopes,
paper, pens and a complaints box.58
Penal Reform International and Association for the Prevention of Torture | Incident management and independent investigations
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