60
that records be kept of these medical examinations and that they include any traumatic
injuries detected. 208
166.
This medical inspection must not be regarded as a mere formality or
conducted superficially. On the contrary, a proper clinical examination of the detainee
must be carried out, during which the detainee can inform the health professional of
everything he or she considers relevant. Among other reasons, this examination is
important because there are forms of torture that leave, no or very few, visible signs, such
as blows to the soles of the feet, asphyxiation, and position tortures, like suspension. 209 In
addition, the examination must be good enough to detect the psychological sequels of
torture or propensity to commit suicide, so as to be able to prescribe the correct treatment
and refer the patient to a specialist.
167.
According to the SPT, these examinations must adequately describe:
1) the treatment received, (2) the source of any injuries, or (3) the type,
location and characteristics of all injuries, details that could serve not
only to determine the consistency of reports or complaints of torture,
thereby constituting a useful tool for the prevention of torture, but also
to preclude false complaints against the police alleging behavior of this
kind. 210
168.
This initial medical examination is also crucial for detecting contagious
diseases (for instance, skin or sexually transmitted), which are easily propagated in closed,
overcrowded and insalubrious environments, such as prisons, and pose a serious threat to
the health not only of the prison population but also of prison personnel. If persons are
discovered to have the aforementioned kind of diseases, the proper procedure is to
adequately treat them for the disease and take appropriate preventive measures before
placing these persons in contact with the rest of the population in the prison. Thus, the
initial medical examination is a key mechanism for preventing epidemics in prisons and for
detecting traces of torture.
169.
According to the World Health Organization, observance of Rule 24 of the
Standard Minimum Rules for the Treatment of Prisoners implies that the initial medical
examination of a prisoner must essentially determine whether he represents a danger to
himself or others. To that end, the main issues to be explored are: (a) Do they have a
serious illness, or are they withdrawing from a dependence or medication? (b) Are they at
risk of self‐harm or suicide? (c) Do they have a disease that is easily transmitted that puts
208
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. 132‐33, 135
and 172‐173.
209
See, Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (Istanbul Protocol), Office of the United Nations High Commissioner for
Human Rights, paras. 203‐214.
210
United Nations, CAT/OP/HND/1, Report on the visit of the Subcommittee on Prevention of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment to Honduras, February 10, 2010, para. 153.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents