Article 22 OPCAT:
The competent authorities of the State Party concerned shall examine the recommendations of the national preventive mechanism and
enter into a dialogue with it on possible implementation measures.
SPT
National mechanisms for the prevention of torture and public
authorities should establish an ongoing dialogue concerning presented recommendations and actions undertaken in response to such
recommendations, pursuant to Article 22 OPCAT46.
Shifting the responsibility to take care of intoxicated individuals to the police
Currently there is no requirement in place to ensure ongoing medical care
to intoxicated persons brought to RDPs (with the exception of the obligation to
subject to medical examination of detained individuals brought to the RDPs for
sobering-up). National legislation fails to impose an obligation to employ medical
personnel in police units. Therefore, there is a shortage of qualified persons
who could monitor the health status of individuals placed in police facilities
for sobering-up as well as those detained in connection with the suspicion of
committed crime who are additionally under the influence of alcohol or drugs.
The responsibility for the safety of the above-mentioned individuals rests on
the shoulders of police officers who, in case of emergency, are only capable of
providing first aid and calling an ambulance in the hope for a quick and effective
proper medical intervention. This problem has been signalled by the National
Mechanism for the Prevention of Torture since 201347.
SPT First Annual Report, CAT/C/40/2, Art. 28, item l).
Cf.: General Intervention of the Commissioner for Human Rights addressed to the President of
the Council of Ministers of 18 November 2013.
46
47
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PART III - situation in places of detention
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