CAT/OP/UKR/3
56.
Moreover, the Subcommittee notes that access to medical care is inconsistent, with
many reported cases of medical assistance being delayed or denied. Despite the general
availability of medical personnel in places of detention, different institutions are disparately
equipped and often detainees must ask family members or donors to provide needed
medication and personal hygiene products. Visits to outside specialists and institutions are
rarely undertaken. Moreover, during its visit, the Subcommittee regularly encountered
medical professionals who were insensitive to the medical needs of detainees, including
staff who hesitated to respond to reports of worsening physical and psychiatric symptoms
they interpreted as merely bad behaviour.
57.
Reiterating the recommendations made in 2011 (see CAT/OP/UKR/1, paras. 76
and 80), the Subcommittee encourages the State party to guarantee that, as a routine
matter, all persons undergo a thorough medical examination as soon as they are
deprived of liberty. It is recommended that such an examination record:
(a)
A detainee’s medical history, including any allegations of recent violence,
torture or ill-treatment;
(b)
The existence of any discomfort or symptoms;
(c)
The result of the clinical examination, including a description of any
injuries observed and an account of how such injuries were sustained;
(d)
An indication of whether the whole body was examined;
(e)
The health professional’s conclusion as to whether all recorded elements
are consistent.
58.
The Subcommittee recommends that all medical examinations maintain the
principle of medical confidentiality: only medical personnel should be present during
the examination. It also recommends that the State party discontinue the practice of
performing medical examinations through bars, since such examinations are
demeaning by nature and lack the thoroughness envisioned in the Istanbul Protocol.
59.
The Subcommittee recommends that the State party ensure that all persons
deprived of liberty are given a thorough medical examination, regardless of whether
they are held in a location officially registered as a place of detention in the State
party or not.
60.
The Subcommittee also recommends that the State party improve its training
of medical personnel working in places of detention, particularly on the Istanbul
Protocol and other international standards, as well as on the duty to detect and report
torture and ill-treatment. If a health professional has grounds for suspecting the
existence of torture or ill-treatment, the Subcommittee recommends that this be
registered in a national register of allegations of torture and ill-treatment, either with
the consent of the examined person (so that the case may be referred to expressly) or,
if such consent is refused, as an anonymous case. In addition, the Subcommittee
recommends that health professionals immediately report suspicions of torture and
ill-treatment to the appropriate authorities, with the consent of the detainee, so that
an independent examination may be conducted in accordance with the Istanbul
Protocol. The confidential medical report should be made available to the detainee
and to his or her counsel.
61.
Finally, the Subcommittee recommends that medical care and assistance be
guaranteed and accessible to all detained persons upon their request.
Registers
62.
The Subcommittee notes that the current system for recording the status of detainees
needs improvement. In particular, during its visit the Subcommittee observed that registers
in SIZOs contained individual sheets of paper originating from a number of different
institutions that, together, made up a single file. That record-keeping system was made
more complicated by the transfer of detainees from SIZOs to ITTs — sometimes in other
parts of the country — for investigative purposes and court hearings during which time the
files were transferred with them. Such transfers were inconsistently recorded, making it
difficult to track the location of a person under investigation. In addition, in some instances,
no record was left at the sending institution that would account for a transferred detainee’s
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