CAT/OP/MKD/1
effectively investigated, in accordance with article 12 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
B.
Material conditions
22.
The Subcommittee notes the relatively good material conditions in most police
facilities visited. However, it is concerned that all the holding cells it visited are located in
the basement of police buildings, resulting in some cells having little or no natural light,
limited ventilation and in some cases no heating. There were also some reports of limited
access to food and water.
23.
The Subcommittee is seriously concerned by the two underground holding cells in
Kičevo police station, which amount to a renovated dark room with no natural light (except
for a couple of rays coming from holes in a metal plate), making it impossible to find the
call button; no heating; toilets located two floors above and shared with staff; and limited
access to food, drink and sanitary items. Cumulatively, the Subcommittee believes it would
be inhuman to hold detainees in those cells for more than a very short period of time.
24.
The delegation recommends that the cells in Kičevo police station be
immediately taken out of use. In addition, the Subcommittee recommends that the
State party speed up its efforts to ensure that material conditions in all police facilities
are improved, with a particular focus on lighting, ventilation, heating and access to
sanitation.
IV. Penitentiary institutions
A.
Health care in prison
25.
The Subcommittee is concerned that medical registers at all the facilities it visited
showed that no routine thorough medical examinations are automatically carried out
following the arrival of detainees at an institution and that requests to see a doctor are not
necessarily granted. Medical examinations are only undertaken if there is an injury which is
severe or obvious, or if it is requested by the detainee or the authorities. Even in such severe
cases, the Subcommittee received allegations that medical treatment was not provided
owing to lack of medical staff or was hindered by prison guards. The Subcommittee is also
concerned about the general inadequacy of medical records, which lack full documentation
of the initial and ongoing physical and mental condition of detainees. For example, in one
facility, a fatality that was reflected in the central records was not reflected in the detainee’s
medical chart. The absence of detailed recording may lead to a failure to detect cases of
torture or ill-treatment.
26.
The Subcommittee recommends that the State party ensure access to and
examination by an independent doctor as soon as possible after arrest or transfer to a
detention facility and establish a more coherent and complete form of recording of
medical information in a register, with full respect for medical ethics and deontology.
It also recommends that the State party develop a standard form for a full medical
screening of all persons upon arrival and a summary of the medical history of
detainees, and integrate it with records from previous facilities or central records.
Such a register could be included in the medical information management system of
the health-care system. It is recommended that such a record include:
(a)
A detainee’s medical history, including any allegations of recent violence,
torture or ill-treatment;
(b)
The existence of any discomfort or symptoms;
(c)
The result of the clinical examination, including a description of any
injuries observed and an account of how such injuries were sustained;
(d)
6
An indication of whether the whole body was examined;