EUROPEAN STANDARDS FOR ASSESSING THE HEALTH OF A PERSON WHO PROBABLY SUSTAINED MISTREATMENT DURING DETENTION OR CUSTODY.

OBJECTIVE: The aim: The purpose of this paper is to identify and characterize the standards for assessing the health status of a person who is likely to have been mistreated during detention or custody. PATIENTS AND METHODS: Materials and methods: The provisions of international regulations, as well as the case law of the European Court of Human Rights (hereinafter - ECHR, Court) were studied in the preparation of the paper. A set of general scientific and special methods of cognition was used, in particular, the comparative-legal method, the system-structural method, the generalization method, the method of analysis and synthesis, and others. CONCLUSION: Conclusions: Medical examinations and forensic examinations of persons detained or incarcerated and alleging torture or mistreatment are appropriate provided that they comply with European standards set out in the case law of the ECHR and the recommendations of international organizations, which whereas will ensure the effectiveness of formal investigations of such facts.

Criteria for recognition of appropriate medical assistance to detainees in the european human rights court's practice.

OBJECTIVE: Introduction: Practical implementation of the provision of appropriate medical assistance to detainees raises a number of problems that needs scientific reflection in order to come up with proposals for improving regulation in this sphere. To date, the issues of particular concern are: proper documentation of a detained person's health status; promptness and accuracy of diagnosis of a person; providing a comprehensive therapeutic strategy for his/her treatment; delay in providing medical care and its quality; continuation of treatment of a sick person in custody. The aim: of this paper is to highlight and analyze the key positions of the European Court of Human Rights (hereinafter - ECHR) on the criteria for recognizing appropriate medical care for detainees. PATIENTS AND METHODS: Materials and methods: Scientific articles, international regulations governing the provision of medical assistance to detaines, ECHR practice regarding the provision of medical assistance to detainees and criteria for recognition as appropriate (22 relevant decisions where ECHR addressed these issues were analyzed). To achieve this goal, we've used a set of general scientific and special methods of cognition, in particular, comparative-legal method, system-structural method, method of generalization, method of analysis and synthesis, etc. CONCLUSION: Conclusions: Medical assistance to detainees is adequate, subject to the criteria set out in the ECHR's practice, which in turn will ensure respect for the human rights and freedoms guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - the Convention).