E/CN.4/2001/66/Add.2
page 42
the authorization of the director.41 The LEP further provides that detainees have the right to
contract the services of a medical doctor personally known to the internee or outpatient, by his or
her relatives or dependents, in order to provide guidance and monitor treatment.42
125. The great majority of provisional detention facilities and prisons visited by the Special
Rapporteur were characterized by a lack of medical resources, both in terms of qualified staff
and medication. Medical assistance was said to have been denied to detainees. In the casa de
detenção of Carandiru (São Paulo), the Special Rapporteur noted with concern a sign on the fifth
floor stating that the prison infirmary had “no medication”, that the doctor would come once a
week and that only the names of 10 prisoners would be handed to the doctor for treatment.
Medical treatment outside the prisons was reportedly arranged unwillingly and rarely. The
alleged unavailability of vehicles or military police personnel to accompany the transport to
hospital, lack of planning or appointments and, in some cases, the unwillingness of doctors to
treat prisoners often lead to the denial of prompt and appropriate medical treatment. With regard
to the situation in many of the police stations visited, which most of the time were holding a
significant number of convicted prisoners, the Special Rapporteur received allegations that
prisoners requiring urgent medical treatment were not or only belatedly transferred to hospitals
despite the fact that none of these police stations had any medical facilities. Furthermore,
prisoners were allegedly threatened with beatings if they asked for medical attention. As a
result, common illnesses affecting a great number of prisoners, such as skin rashes, colds,
tonsillitis and influenza, were allegedly seldom treated, if at all. The Special Rapporteur
accordingly referred a number of detainees obviously in urgent need of appropriate medical
treatment to the good offices of the officers-in-charge concerned.
3. Internal discipline
126. With respect to internal disciplinary rules, the LEP regulates the imposition of
disciplinary sanctions, which may range from verbal warning and suspension of visits, to the
isolation of detainees in their own cell or in another adequate location in penitentiaries which
possess collective cells.43 Isolation must be imposed by a disciplinary council, not by the
director of the establishment alone, and be communicated to the judge responsible for the
execution of sentences. Isolation and the suspension or restriction of rights may only be applied
in case of grave infractions,44 such as incitement or participation in a movement to subvert
order or discipline, attempted escape, possession of a weapon or provocation of a work
accident,45 and must not exceed 30 days.46 It must be noted that preventive isolation may be
ordered for a maximum period of 10 days in the interest of discipline and verification of the facts
which are counted towards the period of disciplinary punishment.47 No disciplinary measure
may be imposed without a clear and previous legal provision and without proceedings in which
the defence of the suspect has been ensured.48 In its application the perpetrator of the offence, as
well as the nature, circumstances and consequences of the offence have to be taken into
account.49 Disciplinary measures may not expose the physical and moral integrity of the convict.
The use of dark cells and collective punishment are prohibited.
127. The Special Rapporteur found that in many instances detainees had been transferred to
punishment in isolation cells for minor infractions, such as being found in possession of a mobile
phone or for disrespect to prison guards, or because they were threatened by other prisoners. In
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