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prevent any cases of unrecorded detention. Access to the register by lawyers and
relatives of those detained should be ensured.
Medical examinations
12.
The Committee expresses its particular concern that medical examinations of
detained persons take place in the presence of prison guards and police officers, and that
section 51 of the Health-Care Services Act prevents medical professionals from reporting
suspected cases of torture and ill-treatment. It is also concerned at reports that the right of
detainees to have a doctor of their own choosing for a medical examination is not respected.
The Committee notes with concern that the current system of recording medical findings
fails to provide meaningful information for the purpose of investigating allegations of
torture and ill-treatment (arts. 2, 12–14 and 16).
13.
The Committee calls on the State party to adopt legislative, administrative and
other measures necessary to ensure that:
(a)
All detained persons have the right to request and receive a medical
examination by an independent medical doctor, including a doctor of their own
choosing, from the outset of the deprivation of liberty;
(b)
Medical examinations are conducted out of hearing and out of sight of
police officers and prison staff, unless the doctor concerned explicitly requests
otherwise;
(c)
The record drawn up after a medical examination contains, inter alia: (i)
an account of statements made by the detained person that are relevant to the medical
examination (including his or her state of health and any allegations of ill-treatment);
(ii) a full account of objective medical findings based on a thorough examination; and
(iii) the health-care professional’s observations in the light of (i) and (ii), indicating the
consistency between any allegations made and the objective medical findings;
(d)
The medical record is immediately and systematically brought to the
attention of a prosecutor whenever the findings or allegations may indicate torture or
ill-treatment;
(e)
The amendment to the Health-Care Services Act (No. 372/2011)
explicitly provides for the obligation of health-care professionals to report suspected
cases of torture and ill-treatment to the relevant authorities and that health-care
professionals are not exposed to any form of undue pressure or reprisals when
fulfilling their duty.
Strip-searches in detention centres
14.
The Committee is concerned at reports that police and prison staff routinely and
indiscriminately conduct strip-searches of persons held in police custody and in prison by
asking them to fully undress and squat, in some cases in front of others. It is further
concerned at the lack of a written policy or guideline concerning body searches (arts. 2, 12–
14 and 16).
15.
The State party should put an end to the practice of routinely and
indiscriminately strip-searching detained persons and ensure that body searches, if
necessary, are carried out in a manner respectful of the dignity of detainees and by
officers of the same sex as the detainee in question. The State party should develop
and implement written guidelines that set out the circumstances of, and procedures
for, conducting a body search, provide police officers and prison staff with relevant
training, and regularly monitor compliance with the guidelines.
Complaints of torture and ill-treatment
16.
While noting that the General Inspection of Security Forces no longer reports to the
Ministry of the Interior, the Committee is concerned about claims that it continues to be
largely composed of former members of the Police Inspectorate, a body which operated
under the authority of the Ministry of the Interior, and thus the General Inspection’s
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