ANALYSIS: Rights of Persons Arrested / Accused 43 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

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