8. Long‑standing issues in effective prevention of ill-treatment Safeguards against ill-treatment The right of a person restricted in freedom to see a doctor is one of the basic safeguards against ill-treatment. The presence of police officers or prison guards deters the victim from disclosing information on any ill-treatment. Confidentiality of medical examination is not ensured As regards medical examinations of persons under the authority of the Prison Service of the Czech Republic, the Health Care Services Act (Section 46 (1)(b)) provides that they shall take place in the presence of an officer who has to be “in sight” and in cases of danger even “within earshot”. The Act lays down no special regime for medical examinations of persons presented by the Police of the Czech Republic, but the Police President’s binding instruction prescribes that at least one police officer shall remain in visual contact. The European standard requires that no police officer or prison guard be present at all unless this is requested by the physician for security reasons, and even in that case, only in sight. Standard presence of police officers in examination and treatment by a physician was again found in 2017. It is necessary to modify the Health Care Services Act and direct police officers and members of the Prison Service of the Czech Republic to respect the rule that their presence is only possible on the physician’s request, and in that case only “in sight”. There is no independent complaints mechanism in social services The users of social services have no place to turn to with a complaint if they suspect violation of their rights, other than the management of the facility they live in. This also applies to nursing care provided in the facility: while there exists a complaints mechanism in health care, the Health Care Services Act does not cover the recipients of social services. The clients are thus in a very vulnerable position. See the Defender’s summary report of 2017 26 It is necessary to amend the Health Care Services Act so as to open the current complaints mechanism to recipients of nursing care in social services facilities. Furthermore, a complaints mechanism has to be established in the field of social services.