Country

Czechia

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Regulation No. 345/1999, Rules of Procedure of the Exercise of the Punishment of the Deprivation of Liberty (řád výkonu trestu odnětí svobody)In order to protect prisoners against violence, Prison Service employees are required to report all cases of violence to the director of a prison and carry out all measures to stop such behaviour. The prison’s director is required to investigate these reports. He/she has a duty to ensure that prisoners who may become a victim of violence are lodged separately from aggressive prisoners. Every cell needs to be equipped with an emergency signalling button.
Regulation No. 345/1999 Coll., Rules of Procedure of the Exercise of the Punishment of the Deprivation of Liberty (vyhláška, kterou se vydává řád výkonu trestu odnětí svobody)Detainees must report all cases of violence against other detainees (committed by other detainees or by prison staff) to Prison Service employees or to the director. The prison director is required to investigate these reports. He or she has a duty to ensure that the Prison Service employee does not come into direct contact with the convicted person until the case has been investigated.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2017The NPM said it is necessary to modify the Healthcare Services Act so that it is not a breach of the physician’s confidentiality duty to report the discovery of signs of ill-treatment. Furthermore, it is necessary to initiate a professional debate so that physicians accept their role in combatting ill-treatment with understanding and without undermining the physician-patient relationship. Report details
2022I have been discussing the topic of recording injuries discovered during medical examinations with the Prison Service for a long time. It is one of the key topics for the prevention of ill-treatment. In most of the prisons I visited, I found room for improvement in the implementation of these standards for recording injuries. The method of recording injuries that I encountered during my visits was inadequate in light of the international standards described. It is important to note that a more detailed description of the injury, from which the extent of the injury, age, shape and other findings could be deduced, is important for the ability of a potential victim of ill-treatment to make a relevant complaint and for possible criminal proceedings. The individual records should also include the accused's own statement on the matter. Meanwhile, thorough documentation of injuries is crucial in situations where a detainee subsequently makes a credible allegation that he or she has been subjected to ill-treatment. [...] Recommendation: make a medical record in the medical file of the prisoner's injuries discovered during the examination, including as accurate a description as possible of the events, treatment and subsequent physical and psychological manifestations as reported by the patient, a record of the medical findings, including a detailed description of the injuries (nature, size, location, skin colour, etc.), and the physician's opinion as to the likely connection between the findings and possible ill-treatment. Report details