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

Abstract

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. 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. 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.