59
treatment of any relevant health problem; or to investigate complaints of
possible ill‐treatment or torture. 204
163.
Initial medical examination of a person deprived of liberty constitutes an
important safeguard for determining whether the detainee has been subjected to torture
or ill‐treatment during arrest or detention and, in the case of persons admitted to
penitentiaries, for detecting whether they have suffered ill‐treatment of that kind during
their prior stay in temporary deprivation of liberty centers. 205 The initial medical
examination of people who are deprived of their liberty is a way to prevent torture; it
represents the ideal way of evaluating their state of health, the type of medical care they
may need, and even an opportunity to convey information regarding sexually transmitted
diseases. 206
164.
As with the procedures for the admission and registration of persons
deprived of their liberty, the practice of initial medical inspection is not limited to
penitentiaries; it also includes other places of deprivation of liberty, such as police posts
and stations and provisional detention centers. Said inspection should be compulsory and
repeated regularly, and required upon transfer to another place of detention. 207
165.
According to the Subcommittee on Prevention of Torture, the initial
medical examination should take place as soon as possible after a person deprived of his or
her liberty enters a place of detention and it should be conducted under conditions of
privacy and confidentiality by an independent physician, without the presence of police or
prison officers. In exceptional cases, if the doctor considers that a detained person poses a
danger, the presence of a police officer nearby may be necessary. These examinations
should not be superficial observations conducted as a mere formality. They must diligently
ascertain the condition of the person examined, allowing that person to freely
communicate to the physician anything he or she considers relevant. It is also important
204
Similar standards are set forth by: the Standard Minimum Rules for the Treatment of Prisoners (Rule
24); the Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment
(Principle 24), and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Rule 50).
205
According to the Special Rapporteur on Torture of the UN, one of the basic safeguards against ill‐
treatment is an independent medical examination performed without any delay after the admission of a person in
the place of detention. This medical examination should be mandatory and must be repeated regularly, and
should be mandatory when a person is transferred to another place of detention. United Nations, Special
Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Third Report to the
[former] Commission on Human Rights, E/CN.4/2004/56, adopted on December 23, 2003, para. 36.
206
United Nations, CAT/OP/MEX/1, Report on the visit of the Subcommittee on Prevention of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment to Mexico, May 27, 2009, paras. 130‐131 and
172.
207
United Nations, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, Third Report to the [former] Commission on Human Rights, E/CN.4/2004/56, adopted on December
23, 2003, para. 36
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