Yet, the CPT does not refer to any such exceptions to the right of access to a
doctor, short of accepting that it may be necessary for the examination by a
doctor of the detainee’s choice to be carried out in the presence of a doctor
appointed by the competent authority. The safeguard is applicable to persons
required to stay with the police regardless of their status.45
2.2.3 The right to access to a lawyer must include the corollary rights to a
private discussion and to have the lawyer present at interrogations.
States must secure the availability of legal aid for persons unable to
pay for legal representation.
The standards on access to a lawyer are designed to secure the communication of information regarding ill-treatment from detainee to lawyer. They
include the rights to talk in private, to have the lawyer present during police
interrogation and the right to legal aid, where necessary.”46
2.2.4 The right to access to a doctor must include the corollary right to
have medical examinations conducted out of earshot and (unless
the doctor expressly requests otherwise) out of sight of police and
other non-medical staff. In addition to any medical examination carried out by a doctor called by the detaining authorities it involves
the right to be examined by a medical professional of the detainee’s
choice. Results of medical examinations should be properly recorded
and made available to the detainee and his or her lawyer.
The standards on access to a doctor serve two main purposes: (i) they secure
avenues for the communication of information regarding ill-treatment from the
detainee to the doctor, and (ii) they are key to gathering evidence.47 The CPT
is clear that requests by detainees to see a doctor should always be granted,
that detainees taken into custody should receive an examination by a doctor
of their own choice, and that all medical examinations should be conducted
out of earshot and out of sight of police, unless the doctor requests otherwise. It stresses that results of examinations should be made available to the
detainee and his lawyer and that medical data must be kept confidential.48
45. See the CPT’s Report on the visit to France carried out from 14 to 26 May 2000, CPT/Inf
(2001) 10, para. 35.
46. 12th General Report on the CPT’s activities, CPT/Inf (2002) 15, para. 41.
47. Cf. Guideline 4.2.2.
48. CPT’s Report on the visit to Azerbaijan carried out from 24 November to 6 December 2002,
CPT/Inf (2004) 36, para. 36.
Effective investigation of ill-treatment – Guidelines ► Page 28
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