–8–
f.
Professional independence
71.
The health-care staff in any prison is potentially a staff at risk. Their duty to care for their
patients (sick prisoners) may often enter into conflict with considerations of prison management and
security. This can give rise to difficult ethical questions and choices. In order to guarantee their
independence in health-care matters, the CPT considers it important that such personnel should be
aligned as closely as possible with the mainstream of health-care provision in the community at
large.
72.
Whatever the formal position under which a prison doctor carries on his activity, his clinical
decisions should be governed only by medical criteria.
The quality and the effectiveness of medical work should be assessed by a qualified medical
authority. Likewise, the available resources should be managed by such an authority, not by bodies
responsible for security or administration.
73.
A prison doctor acts as a patient's personal doctor. Consequently, in the interests of
safeguarding the doctor/patient relationship, he should not be asked to certify that a prisoner is fit to
undergo punishment. Nor should he carry out any body searches or examinations requested by an
authority, except in an emergency when no other doctor can be called in.
74.
It should also be noted that a prison doctor's professional freedom is limited by the prison
situation itself: he cannot freely choose his patients, as the prisoners have no other medical option at
their disposal. His professional duty still exists even if the patient breaks the medical rules or resorts
to threats or violence.
g.
Professional competence
75.
Prison doctors and nurses should possess specialist knowledge enabling them to deal with
the particular forms of prison pathology and adapt their treatment methods to the conditions
imposed by detention.
In particular, professional attitudes designed to prevent violence - and, where appropriate,
control it - should be developed.
76.
To ensure the presence of an adequate number of staff, nurses are frequently assisted by
medical orderlies, some of whom are recruited from among the prison officers. At the various
levels, the necessary experience should be passed on by the qualified staff and periodically updated.
Sometimes prisoners themselves are allowed to act as medical orderlies. No doubt, such an
approach can have the advantage of providing a certain number of prisoners with a useful job.
Nevertheless, it should be seen as a last resort. Further, prisoners should never be involved in the
distribution of medicines.
77.
Finally, the CPT would suggest that the specific features of the provision of health care in a
prison environment may justify the introduction of a recognised professional speciality, both for
doctors and for nurses, on the basis of postgraduate training and regular in-service training.