Improper medical
examinations
120. In general, there are different categories of medical examinations in the context of
the deprivation of liberty. There is the initial examination that states are required to
offer people upon being detained (upon arrest), usually in a police detention facility.276 This is distinct from the forensic medical examination that should take place
once a detainee alleges torture or suspicion of torture has been raised. States are
obligated to guarantee the availability of prompt, independent, impartial, adequate
and consensual medical examinations at the time of arrest, and at regular intervals thereafter. Medical examinations must also be provided upon each transfer
of a detainee. In some countries, medical examinations are required in certain
circumstances, regardless of whether a detainee requests one. In one Central
Asian OSCE participating State for instance, a detainee must undergo a medical
examination before entering a temporary detention facility.277 In another state in the
same region, detainees must undergo a medical examination each time they are
transferred to a different detention facility.278 Such routine medical examinations of
detainees after admission to every place of detention create a system of “checkpoints” that minimizes the number of unaccounted cases of torture and renders
impossible a shifting of blame and accountability among various detention facilities and authorities.279 In the event there is an allegation or any sign that torture or
ill-treatment may have occurred, prompt, independent, impartial and professional
examinations, in accordance with the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol), must be carried out, as provided by international
law.280 Prison facilities should have general medical services available to detainees
that are capable to perform medical examinations on request. In the European
276 See e.g., Principle 24 of the Body of Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment.
277 Questionnaire response Nota Bene (Tajikistan) (2019).
278 Questionnaire response Golos Svobody (Kyrgyzstan) (2019).
279 Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment
or punishment, “Study on the phenomena of torture, cruel, inhuman or degrading treatment or
punishment in the world, including an assessment of conditions of detention”, A/HRC/13/39/
Add. 5, para. 126.
280 Article 12, UNCAT, op. cit., note 19.
78
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