During medical examinations carried out within the penitentiary establishment, the inmates
were not handcuffed. However, there were situations in which they were handcuffed during medical
examinations carried out outside the establishments. Such examinations are conducted in the presence
of Prison Service officers. At the remand prison Warsaw-Białołęka, the NMPT delegation was informed
of a case of a prisoner who had been handcuffed to his bed in the hospital. In the opinion of the CPT,
the practice of applying means of restraint to prisoners during medical consultations infringes upon the
dignity of the prisoners concerned, prevents the development of a genuine doctor-patient relationship
and may even be prejudicial to the establishment of objective medical observations. 170.
Registration of prisoners’ injuries
The CPT called upon the Polish authorities to ensure (including through the issuance of
instructions and the provision of training to relevant staff), that all medical examinations are properly
recorded. This applied both to traumatic injuries suggesting the use of violence, noticed in newly arrived
prisoners, as well as examinations conducted after incidents within the penitentiary establishment. The
CPT indicated the items to be included in the documentation on a medical examination171, and pointed
out e.g. that:
•
the recording of the medical examination in cases of traumatic injuries should be made on
a special form provided for this purpose, with "body charts" for marking traumatic injuries
that will be kept in the medical file of the detained person;
•
if any photographs are made, they should be filed in the medical record of the person
concerned;
•
a special register of injuries should be kept, in which all injuries should be recorded.
Both visited establishments failed to implement the recommendation. Injuries of prisoners
are described in their health registry books. The medical documentation contains no special form (body
chart) for registering injuries, and no photographic documentation. The establishments do not keep
separate registers of injuries.
At the remand prison Warsaw-Białołęka there was a case in which a doctor took photographs
of a prisoner’s injuries with his private telephone, and later made the photographs available to a
prosecutor in connection with ongoing criminal proceedings. However, the photographic documentation
was not included in the medical records of the prisoner but was only kept by the doctor in case any
170
See: CPT report on the visit to Poland, CPT/Inf (2018) 39, para. 79; CPT report on the visit to the Czech
Republic, CPT/Inf (2019) 23, para. 70.
171
CPT report on the visit to Poland, CPT/Inf (2018) 39, para. 80.
72
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