THE PENITENTIARY HEALTHCARE SYSTEM AND
TORTURE PREVENTION MECHANISMS
PURPOSE AND METHODOLOGY OF MONITORING
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During the monitoring carried out in 2013, we paid special attention to the effectiveness of the functioning of
the penitentiary healthcare system and the existing challenges. In the course of the monitoring, we questioned the
inmates and the medical personnel of penitentiary institutions. We also examined the existing situation in medical
units of the penitentiary institutions and the infrastructure in the treatment facilities.
For the purposes of the research, we were using statistical reports and information provided by both the Medical
Department of the Ministry of Corrections and individual penitentiary institutions.
The below analysis is based on the national laws and bylaws as well as international standards enshrined in hard law
and soft law, in particular:
±± The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1997);
±± The Optional Protocol to the above-mentioned Convention (2006);
±± The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (1987);
±± Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (“Istanbul Protocol”) (United Nations;
New York and Geneva, 2001 – 2004);
±± Principles and case-law of the European Court of Human Rights;
±± 3rd General Report on the CPT’s activities – healthcare services in prisons;
±± The UN Minimum Standard Rules for the Treatment of Prisoners (1955);
±± The UN Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment (1989);
±± The European Prison Rules (2006);
±± Recommendation No. R (87) 3 of the Council of Europe Committee of Ministers (1987);
±± Recommendation No. R (98) 7 of the Council of Europe Committee of Ministers to member states
concerning the ethical and organizational aspects of health care in prison (Strasbourg, 1998);
±± Consensus Statement on Mental Health Promotion in Prisons, WHO Regional Office for Europe
Health in Prisons Project (The Hague, Netherlands, 18–21 November 1998)
±± The UN international principles of medical ethics (1982)
±± The World Medical Association: Declaration of Tokyo (1975), Declaration of Hamburg (1997),
NPM Report
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