What regards medical assistance to persons in police
custody, the situation remains the same as in the previous years. In most
Police Commissariats medical assistants work part time, necessary medical care
is not offered in an appropriate amount and the examination of persons placed
in isolation is carried out only during working hours. Usually, the working
hours last from 08.00 - 17.00, and of the medical assistants who work part time,
even less.
Medical assistants do not work in the majority of
Police Commissariats in which the functioning of isolators was stopped. The
situation is alarming in Comrat Police Commissariat, for which a medical worker
cannot be employed for several years. This is because of the unattractiveness
of the medical service within the Police Commissariat, fact confirmed by most
medical assistants.
The situation concerning medical assistance to persons
in police custody can be considered as one that does not fully comply with the
requirements. However, the liquidation of drugs, whose term of validity expires
or expired, is necessary.
The European Court of Human Rights noted that,
although article 3 of the Convention may be interpreted as imposing an
obligation to release detainees on health grounds, however, it imposes an
obligation on state authorities to protect the physical and mental integrity of
the person taken into custody, and lack of appropriate medical care is
interpreted as a violation of article 3 of the Convention. In this
context, in places where people are deprived of the freedom, the police are
obliged to take measures for providing effective and appropriate health care,
to avoid the current situation only when the diagnosis is set without offering qualitative
medical assistance.
The modification of Order No. 5 of the MIA of
05/01/2004 that stipulates
the provision of medical care in isolators is welcomed. Thus, mandatory medical
examination in all aspects is required, in confidential circumstances without
the participation of police officers, not to intimidate the detainee, as well
as, medical examination in 2 cases and in two phases at checking in and out of
the detention place, indicating thorough data on the health status of the
detainees. The same Order covers the issue of free medical treatment and
personal hygiene benefit.
In relation with compulsory medical examination at
checking in or out of the detention place, a positive practice will be
established that would make possible the reduction of cases of torture by
police officers.
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