- 41 It should be added that, although the Prison Law requires such screening (cf. Article 24,
paragraphs 1 and 3, and Article 27, paragraph 2), it provides for the medical examination to take
place on the first working day following admission. This means that screening may be delayed by
two or three days following admission to prison; this situation is not satisfactory.
The CPT recommends that steps be taken without further delay to ensure that all
persons admitted to prison are medically screened on the day of their arrival or, at the very
latest, the following day.
iii.
medical files and confidentiality
92.
Following the 1997 visit, the CPT recommended that a personal medical file be compiled
for each prisoner (cf. CPT/Inf (2001) 18, Part I, paragraphs 159 and 160). The situation found in
2001 remains unsatisfactory. 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 doctors in the receiving establishment.
93.
The Prison Law provides for the confidentiality of medical information18. However, the
delegation found that, in practice, the confidentiality of medical data and of the results of medical
examinations left a lot to be desired, when it was not totally lacking. At Alicarnassos, a prison
officer acting as a nurse and the inmates assisting him had access to all medical records. At
Malandrino, information of a medical nature was systematically shared between the nurse and
prison staff. The CPT considers this situation unacceptable. It recommends that the authorities
ensure that the confidentiality of medical data is respected, in compliance with the law.
94.
It should also be noted that the Prison Law authorises that the content of an inmate's
personal health card - which includes all medical details, such as diagnosis and treatment - be
communicated, inter alia, to "competent organs" in the prison "each time the prisoner's health is
examined for taking a certain decision" (cf. Article 28, paragraph 3). The CPT would like to
receive detailed information concerning the above-mentioned "competent organs" and the
types of decision that warrant application of Article 28, paragraph 3, of the Prison Law.
18
Cf. Article 29, paragraph 5, of Law 2776, of 22 December 1999.
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