Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
in the open air with some form of clothing (other than prison clothing) and
making greater use of the prison amenities under similar conditions. At the
same time, arrangements should have been made to enable the applicants
to consult outside medical specialists even though they were not prepared
to wear prison uniform or underwear.”102
Notwithstanding the above, and, “taking into consideration the magnitude of
the institutional problem posed by the protest and the supervisory and sanitary
precautions” the authorities had adopted to cope with it, their failure could not lead the
Commission to conclude, prima facie, that article 3 of the European Convention on
Human Rights had been violated in this case.103
More About the Need for
Medical Examination of Persons in Police Custody
In order to prevent the occurrence of torture and other forms of ill-treatment of
persons deprived of their liberty, the Committee against Torture has emphasized
“the need to allow suspects ... to be examined by an independent doctor immediately
upon their arrest, or after each session of questioning, and before they are brought
before an examining magistrate or released”.104
In its many reports to individual European Governments following visits to places of
detention, the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment has recommended
l
that a person in police custody shall have the right to be examined by a doctor of
his choice;
l
that all medical examinations of persons in police custody be conducted out of the
hearing of police officers and preferably also out of their sight (unless the doctor
concerned requests otherwise); and that
l
the results of all medical examinations as well as relevant statements by the
detainees and the doctor’s conclusions be formally recorded by the doctor and
made available to the detainee and his lawyer.105
102 Eur. Comm HR, Application No. 8317/78, T. McFeeley and Others v. the United Kingdom, decision of 15 May 1980 on the admissibility,
20 DR , p. 86, para. 64.
103 Ibid., pp. 86-87, para. 65.
104 Statement as to Switzerland, in UN doc. GAOR, A/53/44, p. 12, para. 96.
105 See inter alia Council of Europe, docs.: (1) CPT/Inf (92) 4 Report to the Swedish Government on the Visit to Sweden carried out by the
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 5 to 14 May 1991, p. 52; (2)
CPT/Inf (93) 13, Report to the Government of the Federal Republic of Germany on the visit to Germany carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 8 to 20 December 1991, p. 70; (3) CPT/Inf (93) 8, Report to
the Finnish Government on the visit to Finland carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT) from 10 to 20 May 1992, p. 56.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
347
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