- 50 iii.
medical files and confidentiality
110. The information gathered during the 2005 visit leads to the inescapable conclusion that there
has been no progress in ensuring that a personal medical file is compiled for each prisoner and that
the confidentiality of medical information is respected (cf. CPT/Inf (2002) 31, paragraph 92). The
CPT reiterates its recommendation that a personal medical file be opened for each prisoner,
containing diagnostic information as well as an ongoing record of the prisoner’s state of
health, of any special examinations he has undergone and of his treatment. In the event of the
prisoner being transferred, the file should be forwarded to the head of the medical service in
the receiving establishment. Further, the CPT recommends that the authorities take additional
steps to ensure that the confidentiality of medical data is respected, in compliance with the
Law (cf. Article 29, paragraph 5 of the Prison Law).
Moreover, in the light of the Greek authorities’ response that persons who are members of
the Prison Council, Labour Council and Disciplinary Council within any prison have access to the
inmate’s personal health card (cf. Article 28, paragraph 3 of the Prison Law), the CPT
recommends that any information of relevance within a prisoner’s personal medical record
should only be communicated to these Councils by the head of the health care service in each
prison with the prisoner’s permission. None of the non-medical staff, including the Directors
of the prisons, should have access to the prisoner’s personal medical record.
iv.
issues related to transmissible diseases
111. The policy of transferring male prisoners who have been tested HIV-positive to Korydallos
Prison Hospital (where they are held together in a separate ward) continues to operate. At the time
of the visit this ward was accommodating twenty persons who were HIV positive, but none with
AIDS. The conditions and quality of care they received were very good. However, they were
provided with no purposeful activities during the day.
The CPT has taken note of the response of the Greek authorities to the 2001 report 36, but
would reiterate that, unless there is a medical need for a transfer to a health care facility, HIVpositive prisoners should be integrated into the general prison population. The non-segregation of
women prisoners proves that persons who have tested HIV-positive can continue to live among the
general prison population.
112. At the same time the prison health care service ought to ensure that educational information
about transmissible diseases (in particular hepatitis, AIDS, tuberculosis, dermatological infections)
is regularly circulated, both to prisoners and to prison staff. It was noted that there was no specific
training for the staff nor provision of information to the prisoners on this issue. The Committee
considers that prison staff should be provided with ongoing training in the preventive measures to
be taken and the attitudes to be adopted regarding HIV-positivity, and given appropriate instructions
concerning non-discrimination and confidentiality.
36
cf. CPT/Inf (2002) 32, paragraph 95.
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