The requirement for medical examination and treatment as soon as possible after
admission is confirmed by rule 24 of the Standard Minimum Rules for the
Treatment of Prisoners, which states that:
The medical officer shall see and examine every prisoner
as soon as possible after his admission and thereafter as necessary, with a view particularly to the discovery of physical or
mental illness and the taking of all necessary measures; the
segregation of prisoners suspected of infectious or contagious conditions; the noting of physical or mental defects
which might hamper rehabilitation, and the determination of
the physical capacity of every prisoner for work.
There is a specific set of rights applicable to people taken into pre-trial detention. A
good source of reference on this subject is Human Rights and Pre-trial Detention: A
Handbook of International Standards relating to Pre-trial Detention, published by the
United Nations in 1994.
Article II of the Inter-American Convention on the Forced Disappearance of
Persons holds agents of the state or persons or groups of persons acting with the
authorization, support or acquiescence of the state responsible if acts of enforced
disappearance are perpetrated. Article XI of the Convention requires that:
Every person deprived of liberty shall be held in an officially recognized place of detention and be brought before a
competent judicial authority without delay, in accordance with
applicable domestic law.
The States Parties shall establish and maintain official
up-to-date registries of their detainees and, in accordance
with their domestic law, shall make them available to relatives,
judges, attorneys, any other person having a legitimate
interest, and other authorities.
IMPLICATIONS
The recognition of human dignity begins when a prisoner is first received at the prison.
One of the first requirements of the reception procedure is for the prison authorities to
ensure that there is a document confirming that the person involved has been deprived
of liberty by an appropriate legal authority.
A register must be kept of all those who are admitted to prison:
- The register should give their personal details in a manner that will ensure that they
can be identified;
- The register should include the date of admission and release for each prisoner;
- Personal property should be registered.
Such a register is particularly important in situations where there may be a danger that
people can "disappear" within the system. An example of a registration form is provided
in annex I to this Manual.
Imprisoned people should be allowed to let their families know where they are and to
consult their legal representatives.
The right of prisoners to complain if any of these entitlements is not granted is dealt
with in chapter 27 of this Manual.
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