United Nations General Assembly Resolution no. 43/173 of 9 December 1988:
Principle 22 No detained or imprisoned person shall, even with his consent, be subjected to
any medical or scientific experimentation which may be detrimental to his health.
United Nations General Assembly Resolution no. 43/173 of 9 December 1988:
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.
United Nations General Assembly Resolution no. 43/173 of 9 December 1988:
Principle 26 The fact that a detained or imprisoned person underwent a medical
examination, the name of the physician and the results of such an examination shall be duly
recorded. Access to such records shall be ensured. Modalities therefor shall be in accordance
with relevant rules of domestic law.
CPT Standards. Extract from the 7th General Report [CPT/Inf (97) 10] on foreign
nationals detained under foreigners legislation: All detention facilities for immigration
detainees should provide access to medical care. Particular attention should be paid to the
physical and psychological state of asylum seekers, some of whom may have been tortured or
otherwise ill-treated in the countries from which they have come. The right of access to a
doctor should include the right - if a detainee so wishes - to be examined by a doctor of his
choice; however, the detainee might be expected to cover the cost of such a second
examination. As regards regime activities,they should include outdoor exercise, access to a
day room and to radio/television and newspapers/magazines, as well as other appropriate
means of recreation (e.g. board games, table tennis). The longer the period for which persons
are detained, the more developed should be the activities which are offered to them.
Act of 13 June 2003 on foreigners (Dz.U. of 2006 no. 234, item 1694 as amended) art.
118. 1 A foreigner placed in a guarded centre or deportation centre receives health services,
medicines, sanitary articles and meals and beverages. Health services, medicines and
sanitary articles are received by the foreigner on conditions laid down in the Act of 6 June
1997- Executive Penal Code (Dz. U. No. 90, item 557, as amended), applied to individuals
placed in prisons and pre-trial detention centres.
Ordinance of the Minister of Interior and Administration of 26 August 2004 on the
conditions to be met by guarded centres for foreigners and deportation centres and the
organizational and order regulations for the foreigners' stay in guarded centres for
foreigners and deportation centres (Dz. U. no. 190, item 1953).
Foreigners staying in centres receive health services, medicines, sanitary articles and meals
and beverages on the conditions laid down in the Executive Penal Code, i.e. applied to
individuals placed in prisons and pre-trial detention centres. The foreigner may also use
health services at his/her own expense, by a chosen physician, in the establishment, with the
consent of the director/officer responsible for the functioning of the guarded centre or
deportation centre.
The foreigner admitted to the guarded centre is immediately subject to a medical examination
and, if necessary, sanitary treatments. The foreigner shall be subjected to medical
examinations not less frequently than once a month and just before being released. The
foreigner has the right to benefit from medical care and be placed in a health care institition
if his/her health status requires so.
It is worth noting that pursuant to art. 103 of the Act on foreigners, the foreigner shall not be
placed in a detention establishment should it result in any risk to his/her life or health
(physical and/or mental). In addition, art. 107 para. 1 point 2 of this Act orders to release the
foreigner from the guarded centre or deportation centre, should any further stay in this
establishment constitute a threat to his/her health or life.
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