THE PENITENTIARY HEALTHCARE SYSTEM AND TORTURE PREVENTION MECHANISMS because the requests lodged by prison doctors with the Medical Department contain information about medical condition and this information becomes disclosed to a third person such as the prison director. Accordingly, the above-described procedure needs to be changed. That said, however, fairness demands to recognize that maintaining absolute confidentiality in regard to inmates’ medical needs is practically impossible given a prison setting. In any event, the director of the relevant prison and the Chairperson of the Penitentiary Department will know about the need for having an inmate transferred to a medical establishment on account of the inmate’s medical condition. However, all other information of medical nature is possible to keep and must be kept confidential. In addition, in time of provision of medical services, the role of e penitentiary officials and employees should be confined to only transportation of the inmates and taking necessary security measures. Pursuant to information received from the Ministry of Corrections, it is planned to equip the penitentiary institutions with safes for storing medical documentation and to make the latter accessible by only duly authorized personnel. Recommendation to the Minister of Corrections: QQ To provide the penitentiary healthcare personnel with advance training in professional ethics; QQ To take disciplinary measures whenever information of medical nature is disclosed to unauthorized individuals; QQ To repel the Order of the Minister of Corrections and Legal Assistance no. 38 dated 10 March 2011 approving the “Rules of transferring sick prisoners from pretrial detention facilities and institutions for sentenced prisoners to general hospitals, the Penitentiary Department’s Center for the Treatment of Tuberculosis and Rehabilitation and to the Medical Institution for Accused and Convicted Persons”; to ensure that a new normative act on medical referral fully recognizes and protects confidentiality of medical information. The situation has improved in terms of informing the patients about medical services provided to them. However, it remains a matter of concern that, in a series of cases, when prisoners are transferred from one penitentiary institution to another, their medical documentation remains in the former institution and the recipient institution’s healthcare staff does not get full information about individual prisoners’ medical needs or any medical services provided to them. Pursuant to a recommendation of the Committee of Ministers (CM) of the Council of Europe, the indication for any medication or medical interference should be explained to the inmates, together with any possible side effects likely to be experienced by them.80 The problem of informing patients about side effects of anti-tuberculosis treatment and related medications is especially persistent at the Center for the Treatment of Tuberculosis and Rehabilitation. transferring sick prisoners from pretrial detention facilities and institutions for sentenced prisoners to general hospitals, the Penitentiary Department’s Center for the Treatment of Tuberculosis and Rehabilitation or to the Medical Institution for Accused and Convicted Persons.” 80 Recommendation no. R (98) 7 of the Council of Europe Committee of Ministers to Member States concerning the Ethical and Organisational Aspects of Health Care in Prison, 20 April 1998, par. 14. 2013 The above-cited CM Recommendation also stresses that all transfers to other prisons should be accompanied by full medical records. The records should be transferred under conditions ensuring their confidentiality.81 81 Ibid. par. 18. NPM Report 39