examinations by prison staff in a separate room. Such situations may result in prisoners
feeling uncomfortable with sharing medical and private information with medical staff and
stop them from doing so. It is, therefore, contrary to the principle of confidentiality and
may also undermine the right of prisoners to the highest attainable standard of physical
337
and mental health. While some security measures may be necessary and justifiable, the
CPT has stressed that all medical examinations should take place out of the hearing and,
unless requested otherwise by the medical personnel concerned, out of sight of prison
338
staff. Certain (suspected) violent extremist prisoners may also have specific healthcare
needs that may hamper their rehabilitation and should be given appropriate attention. It is
important, for example, to ensure that psychologists are available with trauma-informed
training for children or that prison health services are responsive to women exposed to
339
different forms of sexual and gender-based violence.
336
In some contexts, individuals with underlying medical conditions convicted of terrorism
offences have been excluded from early release measures brought in due to the
COVID-19 pandemic, despite the high risk they face from contracting infectious diseases
340
in overcrowded detention conditions. It has also been reported that there is a lack
of adequate medical care in other contexts, in violation of international human rights
341
standards. Failing to protect those deprived of liberty from a serious disease as a result
342
of a lack of precaution or due diligence may amount to ill-treatment, or even torture.
Requests and complaint mechanisms
All detainees must be able to make requests and complaints. There must be an
adequate complaint mechanism in place so that prisoners can make requests and
complaints “confidentially and without fear of reprisals or other negative consequences.
Procedures should also mitigate against the risk of complaints being tampered with or
344
ignored.” The SPT, for example, has expressed concern that requests and complaints
345
from prisoners convicted on terrorism charges must be put in unsealed envelopes.
The CAT has also noted concerns about a lack of effective complaint mechanisms or,
343
336 Based on NGO and NPM reports on the Netherlands and Norway. See Amnesty International and Open
Society Justice Initiative, “Inhuman and Unnecessary Human Rights Violations in Dutch High-Security
Prisons in the Context of Counter Terrorism”, op. cit., note 106, p. 49; “The Parliamentary Ombudsman
Norway – NPM “Visit report: Telemark Prison, Skien branch, 2-4 June 2015”, op. cit., note 226, pp. 21-22.
337 UN ICESCR, op. cit., note 120, Article 12(1).
338 CPT 3rd General Report (CPT/Inf [93] 12, para. 51).
339 UN Nelson Mandela Rules, op. cit., note 13, Rule 25.1. Report of the UN Special Rapporteur on Torture,
A/HRC/28/68, 5 March 2015, para. 85(d); Report of the UN Special Rapporteur on Torture, A/HRC/31/57,
5 January 2016, para. 25. See also: ODIHR, Guidelines for Addressing the Threats and Challenges of
“Foreign Terrorist Fighters” within a Human Rights Framework, op. cit., note 23, pp. 64-67 and 68-72.
340 Human Rights Watch, “Turkey: COVID-19 Puts Sick Prisoners at Grave Risk”, 3 April 2020.
341 Forum18, “TAJIKISTAN, op. cit., note 163; UN Committee against Torture, “Concluding Observations on
the Third Periodic Report of Tajikistan”, CAT/C/TJK/CO/3, 18 June 2018, para. 34.
342 ODIHR and APT, Guidance on Monitoring Places of Detention through the COVID-19 Pandemic”, op. cit.,
note 269, p. 4.
343 UN Nelson Mandela Rules, op. cit., note 13, Rule 56 & 57.
344 ODIHR & PRI, Guidance Document on the Nelson Mandela Rules, op. cit., note 10, Chapter 1, para. 139.
345 SPT, “Visit to Spain Undertaken from 15 to 26 October 2017: Observations and Recommendations
Addressed to the State Party”, op. cit., note 293, para. 33.
70
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