specific points in relation to which their documenting and reporting skills can
be improved and, more generally, will serve as a reminder of the importance
of this particular aspect of their work.
83. Prior to the systematic medical screening referred to in paragraph 73,
detained persons will often spend some time in the custody of law enforcement officials for the purpose of questioning and other investigative measures.
During this period, which may vary from several hours to one or more days
depending on the legal system concerned, the risk of ill-treatment can be
particularly high. Consequently, the CPT recommends that specific safeguards
be in place during this time, including the right of access to a doctor263. As
the Committee has repeatedly emphasised, a request by a person in police/
gendarmerie custody to see a doctor should always be granted; law enforcement officials should not seek to filter such requests.
84. The record drawn up after any medical examination of a person in police/
gendarmerie custody should meet the requirements set out in paragraph 74
above, and the confidentiality of the examination should be guaranteed as
described in paragraph 76. Further, the automatic reporting obligation referred
to in paragraph 77 should apply whenever medical evidence indicative of illtreatment is gathered in the course of the examination. All these conditions
should be complied with, irrespective of whether the health-care professional
concerned has been called following a request by the detained person or is
in attendance following an initiative taken by a law enforcement official.
The means of implementing the reporting obligation in such cases should
reflect the urgency of the situation. The health-care professional should transmit his/her report directly and immediately to the authority which is in the
best position to intervene rapidly and put a stop to any ill-treatment taking
place; the identity of that authority will depend on the legal system and the
precise circumstances of the case.
263. Other essential safeguards include the right to have one’s detention notified to a third
party of one’s choice and the right of access to a lawyer.
Effective investigation of ill-treatment – Guidelines ► Page 134
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