Annual Report 2013 of the National Preventive Mechanism
centres. In respect of CP Puerto III (Cádiz), the SGIP reported that the
observations of this Institution were accepted and, accordingly, the
appropriate instructions had been given to the management of the CP.
106
The duration of regimental
restrictions should be
shortened
121. In more than 20% of the cases in which article 75.2 RP was applied in the year before the visit to CP Puerto I (Cádiz), its duration
exceeded 3 months, reaching 6 months in one case and 7 months in
another. This measure, although it seeks to protect the inmates, is in
any case exceptional and involves regimental restrictions, so that the
necessary steps should be taken to reduce its duration, along the lines
mentioned in paragraph 111 of Annual Report 2012.
Medical action in cases of
injuries, coercive means and
isolation punishment
122. The medical action in the case of injuries, application of coercive
measures or serving of the isolation penalties is also reviewed at the
visits. As regards such action in the application of coercive measures,
regardless of whether or not the medical practitioners act in accordance with the provisions of law and of regulation in force, in the opinion of this Institution, they should play a more active role, particularly
when applying mechanical restraints, to verify whether the reasons
for which it was adopted remain or have ceased, for the duration of
the measure to be only the minimum time necessary, and to supervise
the conditions in which it is implemented (state of the cell, of the bed,
basic conditions of hygiene...), and use of concomitant medication. All
the above forms part of the functions pertaining to medical personnel
of CPs, from the point of view of protection of the health of the inmates
and participation in the surveillance of the conditions in which coercive
measures are applied. In addition, such actions should be recorded
in forms established for the purpose to be completed after the regular
medical checks, without prejudice to the fact that they may also be
stated in the clinical record.
Recommendation accepted
to improve medical
participation in the application
of mechanical restraint
measures at the CP for men
of Barcelona
After the visit to the CP for men of Barcelona, a Recommendation
was made to the Department of Justice of the Government of Catalonia for the necessary instructions to be given for the purpose. Said
recommendation was accepted and, accordingly, taking advantage of
the integration of the penitentiary healthcare services into the Health
Department of the Government of Catalonia after January 2014, the
protocols of action will be reviewed to improve the medical participation in the application of mechanical restraint measures.
Medical exploration carried
out through bar doors
123. At CP Villabona (Asturias), after the interviews held with the inmates, it was concluded that the medical exploration (including in certain cases auscultation) and the dispensation of medicines, in the case
of provisional isolation or isolation punishment, is carried out through
bar doors, without opening them, which should be limited to only those
cases in which this is strictly necessary because founded suspicions
exist of risk. The SGIP accepted the criterion of this Institution.
Confidentiality between the
medical practitioner and the
patients
Similarly, at CP Puerto I (Cádiz), certain interviewed inmates stated
that occasionally ordinary medical consultations and medical checkups in the case of coercive measures and isolation penalty were made
in the presence of officers. Although it is understood that in certain
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