Recommendations made by the NPM in 2016 and follow-up on Recommendations made in 2015 and 2014
II.7 Study of Injury reports on people deprived of their liberty
Table 21
Recommendation made to the Secretary of State for Security
Status
Recommendation of 4 June 2014.
1. To establish, with the scope of its competences, an injury report form
containing the minimum data gathered in section 5.4 of the study entitled
Injury reports on people deprived of their liberty.
2. To deliver the necessary instructions to all public health services so that:
- All civil servants ascribed thereto complete said form, which must be
available at all healthcare facilities (including those located in prisons, foreign
national detention centres and young offender institutions).
- A copy of the injury report is directly provided to the person concerned,
without intermediaries, to the duty court and, where appropriate, to the court
supervising deprivation of liberty; the form should be promptly handed over, in
order for the medical examiner, in charge of preparing a report to help the
judge determine the origin and consequences of the injury, to do so quickly,
as soon as the injury has disappeared or has substantially changed.
- The injury report should not be provided to the persons safeguarding the
detainee and, otherwise, should always be handed over in a closed and
UNDER STUDY
sealed envelope, properly addressed to the judicial authority, except for the
cases foreseen in paragraph 22 of the 2012 Annual Report of the National
Mechanism for the Prevention of Torture (with due confirmation that
procurement of the data was necessary to prevent real and serious danger to
public safety or for the prosecution of criminal offence; as the data are entitled
to special protection, this should be absolutely necessary for the purposes of
a specific investigation; data should be requested definitely and specifically,
since the foregoing exception is incompatible with mass data applications; the
request should be duly reasoned, proving that it is connected to the events
explained); and, pursuant to Article 22.4 of Organic Act 15/1999, of 13
December, on Personal Data Protection [Ley Orgánica 15/1999, de 13 de
diciembre, de protección de datos de carácter personal (LOPD)], all data
should be deleted if “they are no longer necessary for the enquiries for which
they were stored”.
- Medical appointments with persons deprived of their liberty should always
be held in private, without custodial staff being present in the medical area or
where interaction between doctor and detainee may be hard or seen; the
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