Situation of deprivation of liberty
cases it may be necessary to extreme security measures, these should
not violate the confidentiality between the medical practitioner and the
patients or the right to privacy of patients.
124. At CP Puerto III (Cádiz), the medical report prior to compliance
with the isolation penalty is issued by the medical practitioner of the
unit in which the inmate resides, based on his clinical record and without carrying out a personal check-up, so that it has been necessary
to remind them of the legal duty established by article 254.1 RP for
isolation penalties to be applied issuing a medical report after a checkup by the medical practitioner of the establishment, which reminder
was accepted by the SGIP, which gave the management of the CP the
relevant orders.
Reminder of legal duty
125. The visit of the medical practitioner is compulsory and cannot be
Compulsory nature of the visit
of the medical practitioner to
the inmate
waived by the inmate serving a provisional isolation penalty, so that
the inmate is unable to reject the presence of the medical practitioner
to verify the conditions in which the penalty is being served. The SGIP
agreed with this criterion and, accordingly, gave the appropriate instructions.
126. In most cases of mechanical restraints and provisional isolations
reviewed at CP Puerto I (Cádiz), there was no record that the medical
practitioner had made a personal check-up at the commencement of
the measure, stating whether or not any clinical impediment existed,
whether or not injuries were observed and –in the case of mechanical
restraints – whether or not the situation could have been remedied
from a healthcare point of view, which procedure does not conform to
said Instruction 3/2010, of 6 March, on the protocol of action in security
matters. On certain occasions, the medical check-up took place on the
day after or at the time of cessation of the measure and in many others
there was not even any record that it had occurred. Accordingly, a Reminder has been issued to the SGIP of the legal duty contemplated in
article 72.2 RP, which establishes that, when the provisional isolation
measure is applied, the inmate must be visited daily by the medical
practitioner.
127. The documentation of the medical care provided to inmates to
whom coercive measures are applied or on whom the isolation penalty
is imposed is relevant. At CP Puerto I (Cádiz) such information is often
not included in the clinical record of the inmate or in the record of application of coercive measures. At CP Puerto III (Cádiz), in turn, most
interviewed inmates who were in isolation stated that they had not
been visited by the medical practitioner, some of them although they
had requested this. However, the book of medical assistance of the
department recorded that various inmates had not requested or had
rejected the visit. To avoid eventual inconsistencies, the infringement
of article 254.1 RP and the eventual deprivation of the right to healthcare of the inmates, a mechanism should be established to permit the
inmate to evidence that he requested medical assistance, which was
accepted by the SGIP.
Reminder of the legal duty
that the medical practitioner
must visit the inmates in
provisional isolation daily
Documentation of the medical
assistance provided to
inmates to whom coercive
measures or isolation
penalties are applied
107
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