provide that information to the detained person would be as from the moment
that he/she begins to make allegations of ill-treatment and/or is found to bear
injuries indicative of ill-treatment.
If the process is handled with sensitivity, the great majority of the detained
persons concerned will not object to disclosure. As for those that remain
reluctant, the health-care professional might choose to limit the content of
the report to the objective medical findings.
80. The reporting to the relevant authority of medical evidence indicative
of ill-treatment must be accompanied by effective measures to protect the
person who is the subject of the report as well as other detained persons. For
example, prison officers who have allegedly been involved in ill-treatment
should be transferred to duties not requiring day-to-day contact with prisoners,
pending the outcome of the investigation. If the possible ill-treatment relates
to the acts of fellow inmates, alternative accommodation should be found for
the detained person concerned. Naturally, if the report concerns possible illtreatment by law enforcement officials, the detained person should under no
circumstances be returned to their custody. More generally, the CPT considers
that the objective should be to end the practice of returning remand prisoners to law enforcement agencies for investigative purposes; in particular, any
further questioning of the person concerned which may be necessary should
be conducted on prison premises.
81. In addition to the reporting by name of each case in which medical
evidence indicative of ill-treatment is gathered, the Committee recommends
that all traumatic injuries resulting from all possible causes be monitored
and periodically reported to the bodies concerned (e.g. prison management,
ministerial authorities) through anonymous statistics. Such information can
be invaluable for the purpose of identifying problem areas.
82. To ensure compliance with the standards described above, special training
should be offered to health-care professionals working in prisons and other
places where persons may be detained for a prolonged period. In addition to
developing the necessary competence in the documentation and interpretation
of injuries as well as ensuring full knowledge of the reporting obligation and
procedure, that training should cover the technique of interviewing persons
who may have been ill-treated.
It would also be advisable for the health-care professionals concerned to
receive, at regular intervals, feedback on the measures taken by the authorities
following the forwarding of their reports. This can help to sensitise them to
Appendices ► Page 133
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