Recording of the medical examination in cases of traumatic injuries should be
made on a special form provided for this purpose, with body charts for marking
traumatic injuries that will be kept in the medical file of the prisoner. Further, it
would be desirable for photographs to be taken of the injuries, and the photographs should also be placed in the medical file. In addition, a special trauma
register should be kept in which all types of injury observed should be recorded.
75. It is important to make a clear distinction between the above-mentioned
medical screening and the procedure followed when a detained person
is handed over to the custody of a prison. The latter procedure entails the
drawing up of documentation, co-signed by the prison staff on duty and the
police escort as well as perhaps by the detained person. Any visible injuries
observed on the prisoner at the moment of handover of custody will usually
be recorded in that documentation.
This procedure is of an administrative nature, even if – as is sometimes the
case – it takes place in the presence of a member of the prison’s health-care
staff. It can in no event serve as a substitute for the medical screening procedure already described. Moreover, given the presence of the police escort as
well as the anxiety often felt at the very moment of entering prison, prisoners
should not be questioned at this initial stage about the origin of any visible
injuries observed on them. Nevertheless, the record made of visible injuries
observed should be immediately forwarded to the prison’s health-care service.
76. The CPT sets much store by the observance of medical confidentiality in
prisons and other places of deprivation of liberty. Consequently, in the same
way as any other medical examination of a detained person, the medical
screening referred to in paragraph 73 must be conducted out of the hearing
and – unless the health-care professional concerned expressly requests otherwise in a given case – out of the sight of non-medical staff. This requirement
is at present far from being met in all States visited by the CPT.
77. However, the principle of confidentiality must not become an obstacle
to the reporting of medical evidence indicative of ill-treatment which healthcare professionals gather in a given case. To allow this to happen would run
counter to the legitimate interests of detained persons in general and to
society as a whole262. The CPT is therefore in favour of an automatic reporting
262. For a description of the dilemmas that can be faced by health-care professionals working
in places of deprivation of liberty, see paragraphs 65 to 72 of the 1999 Istanbul Protocol
(Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment).
Appendices ► Page 131
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