Country

Luxembourg

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Act of 20 July 2018 reforming the prison administration (Loi du 20 juillet 2018 portant réforme de l’administration pénitentiaire)Each prisoner is entitled to appropriate and sufficient measures for ensuring adequate healthcare, and, depending on the health, healthcare can be provided inside or outside the establishment. The quality of the healthcare services is equivalent to “what detainees might be entitled to in the absence of imprisonment”.
Grand-Ducal Regulation of 24 March 1989 concerning the administration and internal regime of penitentiary establishments (Règlement modifié grand-ducal du 24 mars 1989 concernant l'administration et le régime interne des établissements pénitentiaires)The doctor assigned to the institution checks each person who is detained soon after they arrive (within 24 Hours) and continues to check them regularly as needed. These check-ups are essential for finding any physical or mental health issues, separating those with contagious diseases, identifying any problems that might affect their reclassification, and figuring out what kind of work each person can do.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2020The Ombudsperson would like to have a position taken by the medical services regarding the health risks following the consumption of narcotics and the monitoring methods that would be necessary. The External Controller asks themselves about the medical risks that may arise after drug use and the monitoring procedures that may be required. Apart from the penalties which are pronounced following a positive test, there do not seem to be any precautions. This also applies to CPL and CPG. At the CPG, it is added that the detainee, for whom a transfer to the CPL has been ordered, is placed in an isolation cell until the moment of his/her transfer and that the CPG does not even have infirmary premises where monitoring could be carried out. Report details