Do you have the right to medical aid during detention on remand?
You have the right to medical aid if it is necessary when you are detained on remand.
Health check after placement in detention
A doctor must examine you immediately upon detention. The doctor must describe your state of health and the results in your personal file.
Free medical aid
You have the right to state-paid medical assistance while in detention. This includes both medical assistance from the health professionals working in the system of the pre-trial arrests and prisons, as well as from the specialized hospitals to which the detainees may be referred. If you disagree with the evaluation and the indicated treatment, you can seek external medical aid at your own expense.
Who will provide the medical aid?
The medical assistance will normally be provided by the health professional at the pre-trail arrest or the prison. The health professional at these facilities will decide whether it is necessary to provide medical help elsewhere.
Duty to report on possible violence
The doctor and his/her support staff have a duty to provide information to the administration if they detect any traces of violence against a detainee that they were treating. The detainee has a right to obtain a written medical report on the injuries.
What human rights violation may there be?
Prohibition of inhumane or degrading treatment
A lack of appropriate medical aid may result in inhumane or degrading treatment, even torture. However, the suffering has to reach at least a minimum level of severity to result in a human rights violation. When assessing whether a lack of medical help has been inhumane or degrading such things as the duration of the suffering, the physical and psychological effects, your age, gender and any health issues would be taken into account.
For mistreatment to be considered torture, the actions would have to be particularly serious and cruel and cause very severe suffering.
Read more about how to evaluate whether your rights have been violated.
Right to life
If a detainee dies because of a lack of requisite medical help while in detention, it may result in a violation of the right to life.
Read more about how to evaluate whether the right to life has been violated.