172. On the right to medical services, during detention, the African Commission
and other international bodies have recognized and emphasizes that such
rights be provided “promptly”. The Human Rights Committee, in its General
Comment No. 20, has observed that protection of the detainee from torture
and ill-treatment requires “prompt and regular access” to doctors.89 The
General Assembly has repeatedly underlined the importance of the right to
prompt medical examination promptly following detention to prevent abuse
of detainees.
173. In the presence of allegations or possible indications of abuse, the
importance of prompt access to medical personnel becomes all the more
critical. The Istanbul Protocol, a set of detailed guidelines on the investigation
of torture and ill-treatment elaborated by an independent group of experts in
1999, recalls that “[t]he investigator should arrange for a medical examination
of the alleged victim. The timeliness of such medical examination is
particularly important. A medical examination should be undertaken
regardless of the length of time since the torture, but if it is alleged to have
happened within the past six weeks, such an examination should be arranged
urgently before acute signs fade.”90
174. The Robben Island Guidelines in its section 20, urges State Parties to make
sure that “all persons who are deprived of their liberty by public prder or
authority should have that detention controlled by properly and legally
constituted regulations. Such regulations should provide a number of basic
89
Human Rights Committee, General Comment No. 20 on Article 7 (1992), UN doc. HRI/GEN/1/Rev. 6 (1994), p.
151, para. 11 (excerpted in the Annex).
90
Istanbul Protocol – Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, 9 August 1999 (reproduced as OHCHR, Professional Training Series No. 8/Rev. 1, UN
Doc. HR/P/PT/8/Rev.1, available at http://www.irct.org/Default.aspx?ID=2701), para. 104. See also Principle 2 of the
Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (annexed to the Istanbul Protocol). See also see.(Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment90 and GA Res. 61/153, 14 February 2007).
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