Do you have the right to medical aid during an arrest?
Right to medical aid
When you are arrested, you have the right to medical care if necessary. The police must inform you about your right to receive medical care immediately after your arrest. This right has to be explained to you in writing, and if necessary, you can ask the police to explain this right to you in more detail.
Health check procedure after arrest
The police must also ask you about your state of health. You are offered to fill a written form declaring your state of health and any medical assistance you may need. The police must invite a doctor or bring you to the emergency health center if you are in need of medical assistance. The police must exercise adequate diligence when assessing whether the arrestee needs medical assistance. They need to take into account circumstances that could point to such necessity.
Free medical aid
All emergency medical care must always be free of charge. The medical care you need in case of an injury, acute illness or worsening of a chronic illness must also be given free of charge.
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, or 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 the 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 health issues would be taken into account.
The actions have to be particularly serious and cruel and cause very severe suffering for mistreatment to result in torture. Read more about how to evaluate whether your rights have been violated.
Right to life
If an arrestee dies because of a lack of requisite medical help while under arrest, 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.