Consequently, the Committee considered that it would be useful to set out
in the following paragraphs the standards which it has developed as regards
the documenting and reporting of medical evidence of ill-treatment. Various
related issues are also discussed.
73. It is axiomatic that persons committed to prison should be properly
interviewed and physically examined by a health-care professional as soon as
possible after their admission. The CPT considers that the interview/examination
should be carried out within 24 hours of admission. This systematic medical
screening of new arrivals is essential for various reasons; more specifically,
if performed properly, it will ensure that any injuries borne by the persons
concerned – as well as related allegations – are recorded without undue
delay. The same procedure should be followed when a prisoner who has been
transferred back to police custody for investigative reasons is returned to
the prison; unfortunately, such transfers are still a common practice in some
States visited by the CPT, and they can entail a high risk of ill-treatment (see
also paragraph 80). Similarly, any prisoner who has been involved in a violent
episode within prison should be medically screened without delay.
In addition to prisons, there are other places of deprivation of liberty where
persons may be detained for a prolonged period (i.e. more than a few days).
This is the case, for example, of detention centres used to accommodate persons held under aliens legislation. Further, in a number of countries visited by
the CPT, various categories of detained persons (e.g. administrative offenders; persons remanded in custody who are awaiting transfer to a prison or
undergoing further investigation) can be held for prolonged periods in “arrest
houses” or “temporary detention facilities”. Systematic medical screening of
new arrivals should also be carried out in such places.
74. The record drawn up after the medical screening referred to in paragraph
73 should contain: i) an account of statements made by the person which are
relevant to the medical examination (including his/her description of his/her
state of health and any allegations of ill-treatment), ii) a full account of objective
medical findings based on a thorough examination, and iii) the health-care
professional’s observations in the light of i) and ii), indicating the consistency
between any allegations made and the objective medical findings. The record
should also contain the results of additional examinations carried out, detailed
conclusions of specialised consultations and a description of treatment given
for injuries and of any further procedures performed.
Effective investigation of ill-treatment – Guidelines ► Page 130
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents