CAT/OP/UKR/1 44. The SPT recommends that the maximum period of police custody in different categories of places as provided for by the law be strictly adhered to by officers, and that this be stringently monitored by the relevant authorities, including the courts. (e) Medical examination 45. Through an analysis of medical registers at police facilities, as well as interviews conducted with detainees, the SPT observed that many detainees had a routine medical examination following arrest. Nevertheless, access to a health professional was not guaranteed and the SPT also received several serious allegations of persons not having been examined, or of urgently needed medical treatment being refused or delayed. The SPT observed that the registers contained scant, and often repetitive, information, indicating a superficial level of examination. Where injuries were recorded, the registers did not contain any assessment of how the injuries were sustained. Moreover, where injuries were noted and registered upon a detainee’s arrival, there was no follow-up. 46. From a preventive standpoint, medical examinations and the proper recording of injuries incurred by persons deprived of their liberty constitute important safeguards for the prevention of torture and ill-treatment, and in combating impunity. 20 States must carry out a prompt and impartial investigation wherever there is a reasonable ground to believe that an act of torture or ill-treatment has been committed.21 Such examinations should be carried out in private by a health professional trained in the description and reporting of injuries, include an independent and thorough medical and psychological examination, and the results be kept confidential from police or prison staff, and shared only with the detainee and/or the detainee’s lawyer, in accordance with the Istanbul Protocol.22 47. The SPT recommends that the Ukrainian authorities ensure that all health professionals working with persons deprived of their liberty are given basic training in the description and assessment of injuries, and in how to report torture and to refer victims to expert examinations, based on the principles of the Istanbul Protocol. Moreover, the State party should establish an independent body of experts, including forensic specialist doctors and psychologists, empowered to investigate and document torture and ill-treatment in accordance with the Istanbul Protocol. Where injuries are noted and recorded, there should be appropriate follow-up. 48. The SPT recommends that a medical examination of each detainee record (a) the person’s medical history, including any allegations of recent violence and the person’s account of how any injuries were sustained, (b) the existence of any discomfort or symptoms, (c) the result of the clinical examination, including a description of any injuries and an indication as to whether the whole body was examined; and (d) the health professional’s conclusion as to whether the three above elements are mutually consistent. If the health professional has grounds for supposing the existence of torture and ill-treatment, this should be registered in a national register of allegations of torture and ill-treatment, either with the consent of the examined person or, if this is refused, anonymously. In addition, with the consent of the detainee, the health professional should refer the detainee to an independent expert for a further examination in accordance with the Istanbul Protocol, in order to facilitate any subsequent disciplinary inquiry or criminal investigation. The confidential medical report should be given to the detainee and/or to the detainee’s 20 21 22 Committee against Torture, General Comment No. 2, CAT/C/GC/2, paragraph 13. UNCAT Article 12. The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (known as the “Istanbul Protocol”), adopted in 1999. 9