Recommendations VI.4 Report on injury reports on people deprived of their liberty Recommendation made to the Ministry of Justice Recommendation of 26 June 2014. Promote the appropriate reforms to regulate, in full and homogeneously, in the entire national territory, the minimum contents of an injury report contemplated in section 5.4 of the report Injury reports on people deprived of their liberty Recommendation made to the Office of Secretary of State for Security Recommendation of 4 June 2014. 1. Establish, within the scope of its powers, an injury report form containing the minimum data contemplated in section 5.4 of the report Injury reports on people deprived of their liberty. 2. Give the appropriate instructions to all public medical services for: - The public officers providing their services at them to complete such report, which should be available at all healthcare facilities (including those located in penitentiary centres, centres for the internment of foreign nationals, and centres for juvenile offenders). - The relevant copy of the injury report to be delivered directly and without intermediaries to the person concerned, to the duty court and, if appropriate, to the court controlling the deprivation of liberty and for the report to be sent without delay, for the action of the forensic medical practitioner, who is the person who prepares the report that should be of assistance for the judge to establish the origin and consequences of the injuries, not to be carried out very late, when the injuries have disappeared, or when the have materially varied. - The injury report not to be delivered to the persons having the detainee in their custody and, if so, in a closed, sealed envelope, appropriately addressed to the court authority, other than in the events contemplated in paragraph 22 of Annual Report 2012 of the National Preventive Mechanism against Torture (where it is duly evidenced that the obtaining of data is necessary for the prevention of an actual and serious hazard for the public security or for the repression of criminal offences and, in the case of particularly protected data, that they are absolutely necessary for the purposes of a specific investigation; that the request is concrete and specific, since the exercise of massive requests for data is not compatible with what is mentioned above; that the request be duly founded, that its relation to the events mentioned be evidenced); and, in compliance with article 22.4 of Organic Act 15/1999, of 13 December, personal data protection act (LOPD), the data to be cancelled «when they are not necessary for the investigations for which they were kept». - The medical interviews with persons deprived of liberty to be held always in private, without custody personnel present in the area or in areas within sight or within hearing of the interaction between the medical practitioner and the detainee, with the patient free from physical restrictions (shackles or other restraints), other than in cases of reasonable suspicions of risk, in which case the medical practitioner may agree to carry out the exploration with the detainee, recording in writing in the report the circumstances in which it was carried out (in presence of the police, with other persons present, physical restraints, etc.). Status REJECTED Status PARTLY ACCEPTED 143