CAT/OP/PRT/1/add.1
IV. Healthcare
A.
Generic observations and concerns
54.
The Subcommittee recommends the State party to ensure that all inmates receive
adequate medical attention from doctors, that medication is not used as a form of
control to compensate for shortage of staff, and that informed consent for treatment is
systematically sought.
55.
The implementation of this recommendation is being put into practise. Administration
of drugs to inmates must be previously prescribed by physicians, which inform them, during
consultations, about the medicine to be administered, its name, purpose, dosage, and its intake
duration, among other elements. Any additional clarification requested by inmates is given
by the nursing services when administrating the therapy. Medication intake is witnessed and
the drugs are placed in individual containers whose content is poured directly into the hand
of each inmate.
56.
With regard to the Porto prison, it should be clarified that prisoners on hunger strike
are always seen by a doctor before the hunger strike starts and are subject twice a day to a
check of their vital signs and level consciousness by the nursing staff. Whenever these
patterns are altered, even if slightly, those prisoners are immediately seen by a physician at
any time of day or night.
57.
Psychiatric medication is always prescribed by a doctor, which explains to inmates
their action and side effects. The explanation of these effects to psychiatric patients with
discernment problems, such as patients with psychoses and/or psychotic episodes, is often
difficult and non-administration may pose risks to their lives or to third parties. Medication
is never administrated to compensate shortage of staff.
58.
The Subcommittee recommends to expand the provision of medical devices and
supplies such as defibrillators to be used in medical emergencies and the associated
training for staff to all places of detention in order to ensure help can be provided
promptly.
59.
The provision of medical devices and supplies, including defibrillators, is subject to
the availability of financial resources for this purpose. However, it should be mentioned that
the Porto prison has all the necessary devices and the personnel is trained for any medical
emergency, including the use of defibrillators. Furthermore, medical personnel has training
in advanced life support and nurse staff has training in basic life support with and without
defibrillators.
60.
An effort has been made in this direction, defibrillators had been installed and the
associated training given for staff, but it has not yet been possible to reach all places of
detention.
B.
Medical screening and examination
61.
The Subcommittee recommends that all newly arrived detainees, as soon as
possible and no later than 24 hours following the entry into a place of detention, be
given a thorough medical examination, including a full body examination, in order,
inter alia, to detect any signs of injuries sustained prior to the person’s admission. In
addition, the results of such examinations should be appropriately and comprehensively
recorded in a specifically designated and confidential register, and in cases of suspicion
of torture and ill-treatment, reported accordingly, as described in Rules 33 and 34 of
the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela
Rules).
62.
Medical examinations should be carried out regularly, and always in keeping
with the principle of medical confidentiality: no person other than medical personnel
should be present during the examination. Guards should remain out of hearing and
normally out of sight, except in the rare case where the medical staff may, for reasons
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