Medical examinations
The CPT noted that that initial examination in the penitentiary establishments was often cursory
and superficial (limited to a few general questions about the state of health and in most cases not
including a full physical examination). Furthermore, the prisoners were not examined within 24 hours
of their admission to prison (in some cases, the examination was delayed by several days, up to a
week)165. Also, medical examinations were carried out in the presence of custodial staff and the prisoners
were handcuffed (this applied to “N” status prisoners, according to the CPT comment).166.
The CPT recommended that the Polish authorities:
➢ remind all prison health care staff that every newly-arrived prisoner should be properly
interviewed and physically examined as soon as possible, and no later than 24 hours after
admission, by a doctor or by a fully-qualified nurse reporting to a doctor)167;
➢ ensure that all medical examinations of prisoners are conducted out of the hearing and -unless
the doctor concerned expressly requests otherwise in a particular case -out of the sight of prison
officers);
➢ stop the practice of routine application of means of restraint to "N" status prisoners during
medical examinations. 168.
Both visited establishments implemented the recommendation in part.
Newly arrived prisoners are examined by a doctor or a nurse within 24 hours (the remand prison
Warszawa-Białołęka) or within three working days (the remand prison Warszawa-Służewiec) of their
arrival. The examination usually takes place without the presence of Prison Service officers, unless in
individual cases medical staff asks them for assistance due to security reasons.
However, persons who have arrived from other penitentiary facilities do not undergo the initial
medical examination. As a rule, they are examined at the previous facility, before being transported to
the new one. This practice generates the risk of not detecting injuries that could originate when the
prisoner was convoyed.169.
Situations in which the medical examination of a prisoner was superficial and was limited only
to an interview, without a full body examination, were still reported.
165
Ibid., para. 78.
166
Ibid., para. 79.
167
Ibid., para. 78.
168
Ibid., para. 79.
169
The issue has been described in detail in the chapter on systemic problems in penitentiary establishments.
71
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