b) Right to medical care
12th General Report of CPT [CPT/Inf (2002)15]
§ 42 Persons in police custody should have a formally recognised right of access to a doctor.
In other words, a doctor should always be called without delay if a person requests a
medical examination; police officers should not seek to filter such requests. Further, the right
of access to a doctor should include the right of a person in custody to be examined, if the
person concerned so wishes, by a doctor of his/her own choice (in addition to any medical
examination carried out by a doctor called by the police).
All medical examinations of persons in police custody must be conducted out of the hearing of
law enforcement officials and, unless the doctor concerned requests otherwise in a particular
case, out of the sight of such officials.
It is also important that persons who are released from police custody without being brought
before a judge have the right to directly request a medical examination/certificate from a
recognised forensic doctor.
United Nations General Assembly Resolution 43/173 of 9 December 1988
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment.
Principle 24 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.
European Code of Police Ethics (Recommendation (2001) 10 of the Committee of
Ministers to member states on the European Code of Police Ethics adopted by the
Committee of Ministers on 19 September 2001 at the 765th meeting of the Ministers'
Deputies)§ 57 Persons deprived of their liberty by the police shall have the right to (…) have
a medical examination by a doctor, whenever possible, of their choice.
Ordinance of the Minister of the Interior and Administration of 21 June 2002 on
medical examination of persons detained by the Police (Dz.U. No 97, item 880)
§ 1. 1 A person detained by the Police, hereinafter referred to as a “detained person”, shall
be provided with immediate first aid or undergo a necessary medical examination if the
person's health or life is at risk, in particular, if such person:
1) has visible bodily harm or lost consciousness,
2) informs about suffering from an illness requiring permanent or periodic treatment,
3) requests first aid and necessary medical examination.
2. Aid referred to in Paragraph 1 shall be also provided if it results from the information
gathered by the Police or detention circumstances that a person might suffer from an
infectious disease.
Regulations concerning the stay in rooms for detained persons or persons brought to
sober up (Dz.U. of 2008, No 192, item 1187)
§ 5. 1 A person brought to sober up shall be immediately subject to medical examination
and, in justified cases, such person shall be provided with sanitary treatment and first aid.
§ 11. 1. A person placed in a room has the right to: (…)
3) enjoy medical care.
Order No 1061 of the Chief Police Commander on methods and forms of executing
tasks in rooms for detained persons or persons brought to sober up of 2 September
2009 (Dz.U. KGP No 12, item 56)
§ 18 A police officer admitting a person to a room is in particular obliged to: (…)
2) interview: (…)
b) an admitted person to gain additional information concerning health condition of that
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