Recommendations made by the NPM in 2016 and follow-up on Recommendations made in 2015 and 2014 II.7 Study of Injury reports on people deprived of their liberty Table 21 Recommendation made to the Secretary of State for Security Status Recommendation of 4 June 2014. 1. To establish, with the scope of its competences, an injury report form containing the minimum data gathered in section 5.4 of the study entitled Injury reports on people deprived of their liberty. 2. To deliver the necessary instructions to all public health services so that: - All civil servants ascribed thereto complete said form, which must be available at all healthcare facilities (including those located in prisons, foreign national detention centres and young offender institutions). - A copy of the injury report is directly provided to the person concerned, without intermediaries, to the duty court and, where appropriate, to the court supervising deprivation of liberty; the form should be promptly handed over, in order for the medical examiner, in charge of preparing a report to help the judge determine the origin and consequences of the injury, to do so quickly, as soon as the injury has disappeared or has substantially changed. - The injury report should not be provided to the persons safeguarding the detainee and, otherwise, should always be handed over in a closed and UNDER STUDY sealed envelope, properly addressed to the judicial authority, except for the cases foreseen in paragraph 22 of the 2012 Annual Report of the National Mechanism for the Prevention of Torture (with due confirmation that procurement of the data was necessary to prevent real and serious danger to public safety or for the prosecution of criminal offence; as the data are entitled to special protection, this should be absolutely necessary for the purposes of a specific investigation; data should be requested definitely and specifically, since the foregoing exception is incompatible with mass data applications; the request should be duly reasoned, proving that it is connected to the events explained); and, pursuant to Article 22.4 of Organic Act 15/1999, of 13 December, on Personal Data Protection [Ley Orgánica 15/1999, de 13 de diciembre, de protección de datos de carácter personal (LOPD)], all data should be deleted if “they are no longer necessary for the enquiries for which they were stored”. - Medical appointments with persons deprived of their liberty should always be held in private, without custodial staff being present in the medical area or where interaction between doctor and detainee may be hard or seen; the 123

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