Do you have the right to medical aid during detention on remand?
You have the right to medical aid if it is necessary when you are detained on remand.
Health check after placement in detention
A doctor must examine you within 48 hours of being brought to a detention facility. The doctor must describe your state of health and the results in your record.
Free medical aid
You have the right to State-paid physical and psychological medical assistance while in detention. But, the State does not have a duty to pay for everything. You can read more about the scope of the State-paid medical assistance in Rules on the implementation of remand. However, you also have the right to pay for certain medical services yourself where the State does not have a duty to pay.
Who will provide the medical aid?
The medical assistance will normally be provided by the doctor at the detention facility. The doctor at the investigation prison will decide whether it is necessary to provide medical help elsewhere.
Duty to report on possible crime
The doctor and his/her support staff have a duty to report to the administration if they suspect that an offence has been committed against a detainee that they were treating.
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, 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 a 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 any health issues would be taken into account.
For mistreatment to be considered torture, the actions would have to be particularly serious and cruel and cause very severe suffering.
Read more about how to evaluate whether your rights have been violated.
Right to life
If a detainee dies because of a lack of requisite medical help while in detention, 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.