Assessment of the Quality of Medical Documents Issued in Central Police Stations in Madrid, Spain: The Doctor's Role in the Prevention of Ill-Treatment

• NCJ Number: 195248
• Journal: Journal of Forensic Sciences Volume: 47 Issue: 2 Dated: March 2002 Pages: 293-298
• Author(s): Hans D. Petersen; Benito Morentin; Luis F. Callado; J. Javier Meana; Hans P. Hougen; M. Itxaso Idoyaga
• Date Published: 2002
• Length: 6 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

In order to assess whether the medical documents on persons held in police custody were of sufficient quality to evaluate claims of abusive treatment by police, this study retrospectively analyzed the medical records of 100 persons held in central police stations in Madrid, Spain, from 1991 to 1994.

Abstract

These were records generated by forensic doctors employed by Audiencia Nacional concerning persons from the Basque Country held under the antiterrorist legislation in closed institutions. The records examined included any note written by a doctor that reported results from a meeting with a detainee. In 71 records concerning 44 persons, the doctors quoted the detainee as alleging ill-treatment. Most of the documents apparently lacked significant information on a history of ill-treatment and descriptions of the clinical examination. Of 34 conclusions, 10 were unacceptable, and the premises were insufficient in 16. These findings indicate weaknesses and needs for improvements in the fulfillment of the role of doctors as safeguards of the rights of detainees. Based on these findings, this report recommends that doctors responsible for the appraisal of allegations of police abuse and lesions caused by assaults should have appropriate training. Further, the medical examination should be conducted according to a protocol that complies with international standards. In addition, the doctors should be independent of the institutions in charge of the patient's custody, and the examinations should be conducted in privacy. The detainee should also have an opportunity to obtain a second opinion by another doctor, preferably of his/her own choice. Working conditions for the forensic doctor should include sufficient time for a thorough examination, easy access to facilities for para-clinical examinations, and the option of conferring with the national and international medical associations with respect to cases with a conflict of interest. 4 tables and 28 references