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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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