–5–
The rules applied should be those prevailing in the community, with the intervention of a
board of ethics. The CPT would add that it favours research concerning custodial pathology or
epidemiology or other aspects specific to the condition of prisoners.
49.
The involvement of prisoners in the teaching programmes of students should require the
prisoners' consent.
ii) confidentiality
50.
Medical secrecy should be observed in prisons in the same way as in the community.
Keeping patients’ files should be the doctor's responsibility.
51.
All medical examinations of prisoners (whether on arrival or at a later stage) should be
conducted out of the hearing and - unless the doctor concerned requests otherwise - out of the sight
of prison officers. Further, prisoners should be examined on an individual basis, not in groups.
d.
Preventive health care
52.
The task of prison health care services should not be limited to treating sick patients. They
should also be entrusted with responsibility for social and preventive medicine.
i) hygiene
53.
It lies with prison health care services - as appropriate acting in conjunction with other
authorities - to supervise catering arrangements (quantity, quality, preparation and distribution of
food) and conditions of hygiene (cleanliness of clothing and bedding; access to running water;
sanitary installations) as well as the heating, lighting and ventilation of cells. Work and outdoor
exercise arrangements should also be taken into consideration.
Insalubrity, overcrowding, prolonged isolation and inactivity may necessitate either medical
assistance for an individual prisoner or general medical action vis-à-vis the responsible authority.
ii) transmittable diseases 3
54.
A prison health care service should ensure that information about transmittable diseases (in
particular hepatitis, AIDS, tuberculosis, dermatological infections) is regularly circulated, both to
prisoners and to prison staff. Where appropriate, medical control of those with whom a particular
prisoner has regular contact (fellow prisoners, prison staff, frequent visitors) should be carried out.
55.
As regards more particularly AIDS, appropriate counselling should be provided both before
and, if necessary, after any screening test. Prison staff should be provided with ongoing training in
the preventive measures to be taken and the attitudes to be adopted regarding HIV-positivity and
given appropriate instructions concerning non-discrimination and confidentiality.
56.
The CPT wishes to emphasise that there is no medical justification for the segregation of an
HIV+ prisoner who is well.4
3
See also “Imprisonment”, section “transmissible diseases”.
Subsequently reformulated as follows: there is no medical justification for the segregation of a prisoner solely
on the grounds that he is HIV positive.
4