94 Human Rights in Counter-Terrorism Investigations Securing medical attention requires that authorities ensure: • A person taken into police custody has the right to be examined, if he or she so wishes, by a doctor of his or her own choice, in addition to any medical examination carried out by a doctor called by the police authorities. This does not mean that the detainee has the right to decline to be examined by a doctor who is not of his or her own choosing. The purpose of any second examination is to provide an additional safeguard against ill-treatment and not to supplant the role of the officially-appointed doctor. The detainee might be required to pay the cost of any such second examination; • All medical examinations of persons in custody are conducted out of the hearing and out of the sight of police officers, unless the doctor concerned expressly requests otherwise in a given case; • The results of every examination, as well as any relevant statements by the person in custody and the doctor’s conclusions, are recorded in writing by the doctor and made available to the person in custody and his or her lawyer; and • The confidentiality of medical data and the patient-doctor relationship is strictly observed; only the lawyer of the person in custody can have access to these data.111 3.5 The Questioning of Terrorism Suspects111 Questioning terrorism suspects is a major part of the investigation and it is crucial to understand its purpose within the criminal justice process. It is a specialist task that requires specific training. Its foremost aim is to obtain accurate and reliable information in order to discover the truth about matters under investigation. The aim of questioning is not, however, to obtain a confession from somebody already presumed guilty by the interviewing officers. A code of conduct for the questioning of criminal suspects would assist law enforcement officials in this exercise.112 111 “Report to the Government of the Czech Republic on the visit to the Czech Republic carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 16 to 26 February 1997”, op. cit., note 102, para. 30. Whilst CPT recommendations are addressed to specific governments, the wording of the recommendation referred to here is one that has been used in visit reports to most, if not all, of the CoE member States. 112 “12th General Report on the CPT’s activities, covering the period 1 January to 31 December 2001, European Committee for the Prevention of Torture, 3 September 2002, CPT/Inf (2002) 15, para. 34, <http://www.cpt.coe.int/ en/annual/rep-12.pdf>.

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