8. Long‑standing issues in effective prevention of ill-treatment
Recording and reporting medical findings of ill-treatment is lacking
Methodical recording of injuries of persons restricted
in freedom and reporting the cases to the competent
authorities will substantially contribute to combatting
ill-treatment. The systematic visits indicated that the
medical reports on examination and treatment lack
the parameters required for investigation; in extreme
cases, the examination is limited to several questions
placed in the presence of a police officer. This is true of
police detention, imprisonment and detention of foreigners, and there is also a danger of such a practice in
initial examinations in psychiatric hospitals. The reason
lies in the low awareness of the 1999 Istanbul Protocol
(The Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).
permit a physician, without the patient’s consent, to
submit findings on marks of ill-treatment to authorities competent to investigate. Since 2015, remedy
has been lacking due to inactivity of the Ministry of
Health.
It is necessary to modify the Health Care Services Act so that a report on findings of marks
of ill-treatment does not represent violation of
the physician’s duty of confidentiality. Furthermore, it is necessary to initiate a professional
debate so that physicians accept their role in
combatting ill-treatment with understanding
and without endangering the physician-patient
relationship.
The statutory requirement for confidentiality in
connection with health care services then does not
Criminal punishment of degrading treatment is complicated and sometimes impossible
Torture and other inhuman and cruel treatment constitutes a crime pursuant to Article 149 of the Criminal
Code. However, the Criminal Code does not specifically mention degrading treatment, which means it can
only by punished if it features elements of the bodies
of other crimes, based on the type of behaviour or
omissions on the part of the perpetrator. Nonetheless, for example in the field of social and health care
services, the Public Defender of Rights most frequently encounters flaws that attain the level of degrading
treatment.
A specific feature lies in the fact that degrading treat
ment does not necessarily inflict physical harm and
can be caused by a number of less severe actions
with combined effect. This complicates criminal punishment.
It is necessary to review the Criminal Code and
sectoral laws so as to ensure that no form of
intentional degrading treatment remains unpunishable.
Interference with the dignity of recipients of social services and patients cannot be penalised by
administrative punishment, either
The Social Services Act provides for administrative punishment of social service providers in case of
non-compliance with formalities, but defines no infraction covering often serious interferences with privacy, safety, integrity and dignity of service users. In
the area of health care services, the situation is even
worse, as no infractions apply to the use of means of
restraint.
This results in non-punishability of less serious forms
of ill-treatment and low respect towards control bodies.
It is necessary to supplement the list of infractions in the Social Services Act and in the
Health Care Services Act.
See the Defender’s summary report of 2017
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents