Whenever injuries are recorded which are consistent with allegations of ill-treatment made
by a detained person (or which, even in the absence of the allegations, are indicative of illtreatment), the information should be immediately and systematically brought to the
attention of the relevant prosecutor, regardless of the wishes of the person concerned.63
Medical confidentiality should be observed in the same way as in the outside community;
in particular, irregular migrants’ medical files should not be accessible to non-medical staff
but, on the contrary, should be kept under lock and key by the nurse or doctor. Moreover,
all medical examinations should be conducted out of the hearing and – unless the doctor
concerned requests otherwise in a particular case – out of the sight of custodial staff.64
At a minimum, a person with a recognised nursing qualification must be present on a daily
basis at all centres for detained irregular migrants. Such a person should, in particular,
perform the initial medical screening of new arrivals (in particular for transmissible
diseases, including tuberculosis), receive requests to see a doctor, ensure the provision and
distribution of prescribed medicines, keep the medical documentation and supervise the
general conditions of hygiene.65
Whenever members of the medical and/or nursing staff are unable to make a proper
diagnostic evaluation due to language problems, they should be able to benefit without
delay from the services of a qualified interpreter.66
Detained irregular migrants should be fully informed about the treatment being offered to
them.67
Adequate access to psychological assistance and psychiatric care should be provided to
detainees.68 Further, procedures and training should be in place to prevent acts of selfharm and suicides.69
10. Care of vulnerable persons (in particular children)
Specific screening procedures aimed at identifying victims of torture and other persons in
situation of vulnerability should be put in place and appropriate care should be provided. In
this context, the CPT considers that there should be meaningful alternatives to detention
for certain vulnerable categories of person. These categories include inter alia victims of
torture, victims of trafficking, pregnant women and nursing mothers, children, families with
young children, elderly persons and persons with disabilities.70
The CPT wishes to recall its position that every effort should be made to avoid resorting to
the deprivation of liberty of an irregular migrant who is a child.71
Austria: 2014 visit, paragraph 46.
19th General Report on the CPT’s activities, paragraph 92.
65 19th General Report on the CPT’s activities, paragraph 91.
66 19th General Report on the CPT’s activities, paragraph 92.
67 19th General Report on the CPT’s activities, paragraph 92.
68 Finland: 2014 visit, paragraph 36.
69 Greece: 2015 visit, paragraph 117.
70 Hungary: 2015 visit, paragraph 51; Denmark: 2014 visit, paragraphs 77-79; Cyprus: 2013 visit, paragraph 33; United
Kingdom: 2012 visit (September), paragraphs 132 and 133; 19th General Report of the CPT’s activities, paragraphs 75
and 76; Malta: 2008 visit, paragraph 68.
71 19th General Report on the CPT’s activities, paragraph 97.
63
64
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