Mínimum criteria in deprivation of liberty
after the regular supervision of the medical practitioner, notwithstanding the fact that
this is already placed on record in the clinical record.
189. The medical exploration should be carried out in direct contact with the
inmate –not through bar doors– and without violating the right to privacy and
confidentiality between doctor and patient, in other words, out of hearing and, if
possible, out of sight of non-medical personnel. Security measures should be limited to
only those cases in which they are strictly necessary because founded suspicions of
risk exist.
190. Also important is the documentation of the medical assistance given in
these cases in the clinical records of the inmates, recording also that it was provided in
the proceeding for application of the measure in question.
191. Body and cell searches must be carried out with all safeguards. In particular,
it must be ensured, in the case of full body searches, that an overall is always be
afforded for inmates to cover themselves, and the inmates must always be present
during cell searches. In addition, it would be advisable for the results of the searches to
be analysed regularly, particularly in the case of full body searches and radiological
explorations, to assess whether these measures are founded.
Body searches room of the CP of Mahon (Balearic Islands)
192. Radiological explorations as a medical control measure, but adopted for
regimental reasons in the case of suspicion that an inmate conceals drugs in his body,
should be contained in a specific legal provision contemplating such limitation
to the right to privacy, pursuant to article 8 of the European Convention on Human
Rights and Judgment 207/1996, of 16 December, of the Spanish Constitutional Court.
Such provision, on having effects on fundamental rights, should be contemplated in a
organic act as regards its most essential issues, although a more detailed regulation
77
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