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 upon being brought to a remand prison. The doctor must describe your state of health and the results in your patient card.
Free medical aid
You have the right to State-paid physical and psychological medical assistance while in detention equivalent to that provided to free people. Accordingly, the State does not have a duty to pay for everything. 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 remand prison. The doctor at the remand prison will decide whether it is necessary to provide medical help elsewhere.
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 right to life has been violated.