Police stations 2.7.3 Lack of discretion during examinations by (public) health officers During visits to several police stations in Vienna, the NPM observed that examinations of detained persons by public health officers mostly took place in the presence of law enforcement officers. The privacy of the persons being examined was thus not protected. When confronted with this criticism, the Federal Ministry of the Interior informed the NPM that examinations of detainees are conducted in anterooms to the detention area or in cells that cannot be looked into from the outside or are not publicly accessible. The absence of law enforcement officers is thus guaranteed. The involvement of police officers in examinations is only permitted for safety reasons. The NPM stipulates – in accordance with the regulations of the CPT [CPT/ Inf/E (2002) 1 – rev. 2010, German, p. 13, margin No. 42] – that all medical examinations and treatments of persons in police custody must take place without law enforcement officers as a matter of principle. Safety aspects can, however, require the presence of a law enforcement officer during a medical examination or treatment in isolated cases. The Human Rights Advisory Council made a statement in June 2017. Every suitable separate room can be used for an examination according to the position of the Human Rights Advisory Council. If there is no room available, a mobile privacy screen will suffice. The Human Rights Advisory Council endorsed the position of the NPM that the presence of a law enforcement officer during an examination has to be documented in the detention log. The NPM recommended the Federal Ministry of the Interior to adjust the applicable guidelines for the medical services of police doctors: medical examinations and treatments of persons in police custody must be conducted alone with the doctor as a matter of principle. Law enforcement officers many only be called in for safety reasons. Those affected should only be presented to the doctor of the law enforcement body that carried out the arrest in exceptional cases. In the case of indecent exposure, the called in law enforcement officer must be of the same gender as the detained person. Law enforcement officers called in for safety reasons must remain out of earshot and, if possible, out of sight. Police involvement only for safety reasons The NPM also recommended the Federal Ministry of the Interior to provide separate examination rooms where possible, but in any case to take technical measures to guarantee a discreet medical examination (e.g. headphones, privacy screen). Where police stations are being built or converted, examination rooms with an emergency call system should be set up. The basis for the detention documentation has to be enhanced: the presence of a law enforcement officer during the medical examination and treatment, the name Enhancement of detention documentation 161