ANALYSIS: Rights of Persons Arrested / Accused
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At the MPD on the other hand, the practice is that detainees are immediately released
without waiting for the approval of the chief inquest prosecutor.
Apparently, there is inconsistency in procedure and practice at the police station level
which must be addressed by appropriate authorities. If the MPD’s practice is procedurally
feasible, this has to be adopted by all other police stations if only to acknowledge detainees’
rights. Moreover, the practice contributes to the decongestion of overcrowded lock up cells.
H. Right to Medical Examination
The Body of Principles accord persons under any form of detention or imprisonment the
right to proper medical examination promptly after admission to the place of detention of
imprisonment. It adds that thereafter, treatment shall be provided whenever necessary and such
treatment shall be provided free of charge. 206 A detained or imprisoned person or his counsel
shall, subject only to reasonable conditions to ensure security and good order in the place of
detention or imprisonment, have the right to request or petition a judicial or other authority for a
second medical examination or opinion. 207
The provision of medical care is also included in the Standard Minimum Rules for the
Treatment of Prisoners which is divided into two parts. Part I in particular provides for the
availability of at least one qualified medical officer with some knowledge of psychiatry at every
institution. 208 It also provides for the transfer of sick prisoners requiring special treatment to
specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution,
their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and
treatment of sick prisoners, and there shall be a staff of suitable trained officers. 209
The Standard Minimum Rules also tasks the medical officer to examine every prisoner as
soon as possible after his admission and thereafter as necessary, with a view particularly to the
discovery of physical or mental illness and the taking of all necessary measures; the segregation
of prisoners suspected of infectious or contagious conditions; the noting of physical or mental
defects which might hamper rehabilitation, and the determination of the physical capacity of
every prisoner for work. 210
Other provisions include the reporting of the medical officer regarding the physical and
mental health of prisoners and those who will be injuriously affected by continued imprisonment or
by any condition of imprisonment. 211
206
Principle 24, Body of Principles.
Principle 25, id.
208
Standard No. 22 (1), Standard Minimum Rules.
209
Standard No. 22 (2), Standard Minimum Rules.
210
Standard No. 24, Standard Minimum Rules.
211
Standard No. 25, Standard Minimum Rules.
207