This procedure cannot be challenged from a legal perspective,
especially since the security authorities’ duty of care with respect to
detained persons and the special relationship of dependency and
protection end with release from detention. The NPM considers it a
positive signal that police physicians inform persons who are unfit to
undergo detention of any additional medical measures and
possibilities before their release.
As already mentioned, good communication between physicians and
prisoners is a primary necessity for a proper assessment of the state
of the detainee’s health, including his mental health (see Item 2.6.2.2
regarding the working group on suicide prevention for details).
In connection with the psychiatric care of detainees, the NPM also
dealt with the important role that police physicians play in assessing
mental illnesses, judging fitness to undergo detention, initiating
diagnostic or therapeutic measures and committing persons under the
Hospitalisation Act.
Role of police physicians
The Federal Ministry of the Interior emphasised that police physicians,
as experts, have completed relevant training, which qualifies them to
assess mental illnesses. They are qualified to issue instructions under
the Hospitalisation Act. Police physicians are also able to correctly
assess mental symptoms and psychiatric illnesses. These physicians
would like to always have a psychiatrist or psychologist available for
acute interventions; however, this is not possible at all times.
In the opinion of the NPM, these statements of the Federal Ministry of
the Interior underscore the problem, which has been described many
times: the lack of psychiatric or psychological support for police
physicians in their work, especially outside of Vienna. For the NPM, it is
not a matter of competition between general practitioners and
medical specialists. Rather, the expertise of the medical specialist will
only be of practical use if collaboration and ongoing communication
with general practitioners takes place. A good communication
structure can contribute to ensuring that detainees receive appropriate
medical and psychiatric care on the level required by the CPT.
Is psychiatric care
appropriate?
Police physicians should always be able to correctly assess the need
for specialised treatment of detained persons based on the situation
and to quickly access psychiatric expertise, if necessary, regardless of
the day of the week and the time of day.
The commission’s activities show that this goal is not consistently
achieved. The face-to-face exchange between the NPM, the Federal
Ministry of the Interior and the police physicians deployed to the police
detention centres within the framework of the working groups can
make an important contribution to structural improvements.
Finding common
solutions
A clear definition of the term “fitness to undergo detention” should be provided in the Code
of Conduct for Detention.
Particular sensitivity should be used in determining whether a person is unfit to undergo
detention due to mental impairment.
A precise verbal exchange with the person being examined is necessary. An interpreter
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