CAT/C/54/2
ill-equipped to provide necessary medical services or are located some distance from such
services, making access difficult. In the light of the presumed temporary or short-term
nature of pretrial detention, some detainees may be denied treatment that requires a longer
term commitment or there may be an interruption to any ongoing treatment they require. In
some instances pretrial detainees may not be able to participate in some medical treatment
programmes that are aimed at facilitating the recovery and rehabilitation of convicted
detainees. Accordingly, the Subcommittee recalls principle 24 of the Body of Principles for
the Protection of All Persons under Any Form of Detention or Imprisonment, which states:
“A proper medical examination shall be offered to a detained or imprisoned person as
promptly as possible after his admission to the place of detention or imprisonment, and
thereafter medical care and treatment shall be provided whenever necessary. This care and
treatment shall be provided free of charge.” Examinations undertaken in accordance with
principle 24 enable health concerns to be identified and appropriate treatment to be
recommended; they also provide an opportunity for allegations or signs of torture or other
ill-treatment to be examined and documented.
94.
States must ensure that the delivery of health services in places of detention,
including pretrial detention, meets international standards. To that end, reducing the use of
pretrial detention can significantly improve health conditions within places of detention.
Ministries of health should be responsible for the delivery of health services to all places of
detention, and should work with other ministries to ensure that the State meets its
obligations to ensure respect for the humane treatment and health rights of persons deprived
of their liberty. That should ensure the independence of health professionals from law
enforcement agents and officials and it may entail providing additional training and
resources for health professionals and those in charge of the care of persons deprived of
their liberty. In particular, health professionals have a key role to play in the prevention and
documentation of torture and other ill-treatment and should be trained on the use of the
Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment (the Istanbul Protocol), to effectively
investigate and document torture and other ill-treatment.
95.
The Subcommittee also recognizes the important role to be played by NPMs in
identifying and addressing the system-wide factors that affect the excessive use and misuse
of pretrial detention. NPMs are therefore encouraged to submit information to the
Subcommittee on the various local conditions that influence the application of pretrial
detention in their respective country contexts. The Subcommittee is committed to working
with NPMs to find country-specific recommendations to address any problems.
D.
Concluding remarks
96.
Tackling the excessive use and misuse of pretrial detention is a matter of priority for
many States parties. However, the Subcommittee recognizes the challenge faced by States
parties in addressing issues relating to pretrial detention owing to the range of factors that
have an impact on the practice across the broad spectrum of the administration of justice.
Addressing the institutional and system-wide failures requires a multi-agency approach;
therefore, the Subcommittee is committed to building partnerships across State institutions
and agencies, NPMs, the judiciary, legal practitioners, professional organizations, national
human rights institutions, NGOs and other national stakeholders.
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