Mínimum criteria in deprivation of liberty
100. It would be advisable, at all CIE, for the inmates to be informed in writing,
upon arrival, of the existence and operation of the healthcare service, and on the
basic measures of hygiene.
101. It has been verified that a medical practitioner and a DUE exist at all CIE
although it would be advisable for their timetable to include also nights and
weekends.
102. It has been observed, and this is a reason of concern, that the principle of
medical confidentiality is not always respected at CIE in the same manner as it is
outside them. It must be reminded that the medical record of the inmates should
not be accessible by non-medical personnel, without express consent from the
party concerned, pursuant to article 16 of Act 41/2002, of 14 November, organic act
regulating patient independence and clinical reporting and documentation rights and
obligations.
Nevertheless, there is no objection to the fact that the medical services provide
information to the management on the measures that should be adopted to ensure a
healthy surrounding and cohabitation of all the personnel of the centre, but this should
not imply furnishing the health data of a specific inmate.
103. It is important to carry out analytical tests on the inmates, which is not done
in general, to be able to detect, if appropriate, infectious diseases and put in
place measures to ensure the health of all persons living together at the centre.
When an inmate enters the CIE, no qualitative drug detection tests are made and no
analyses are made systematically to rule out infectious contagious diseases as
immediately as possible.
104. All medical examinations should be made privately and, unless the medical
practitioner in question requests otherwise, in a specific case, out of sight of
surveillance personnel.
105. It should be ensured that medical personnel have immediate access to
qualified interpreters, for language not to be an impediment to fluid
communication between the healthcare services and the inmates requiring
medical attention, for it to be provided correctly, without errors due to poor
communication and without effects on their personal privacy.
It has been observed that, in many cases, the translation is made by other inmates,
and not all of them wish to give details through other inmates.
106. It is a matter of satisfaction that the Recommendation made to prepare a
suicide prevention protocol for persons deprived of liberty in CIE, has been
accepted through the publication of an Instruction of the General Headquarters
for Immigration and Borders.
59
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