on the monitoring visits made by the representatives of the unit implementing
the functions of the national prevention mechanism of the Human Rights
Defender, the complaints addressed to the Defender, as well as the calls
received to the "hotline" number, the Human Rights Defender recorded
the following systemic problems of violations of the rights of persons deprived
transfer of incarcerated persons from detention centers to civilian hospitals
for the purpose of medical examinations and inpatient treatment is delayed.
this regard, the Human Rights Defender receives many complaints when the
transfer of persons to hospitals is delayed even when there is an indication
for urgent hospitalization. This circumstance is often the result of a scarcity
of resources for the transportation and maintenance of persons deprived of liberty.
It's crucial to acknowledge that safeguarding the health of individuals
deprived of liberty is the positive obligation of the state. Under no
circumstances can the improper exercise of rights be justified.
There are many complaints not only about transfer to hospitals but also about
not being admitted to civil hospitals for various reasons and improperly
organizing further medical care processes.
many cases, even if persons deprived of liberty are admitted to inpatient
treatment, they are discharged urgently without receiving proper medical care.
Here it should be taken into account that the "Hospital for the
Convicted" penitentiary does not have the ability to provide
multidisciplinary medical services, as a result of which persons deprived of liberty
are often deprived of the necessary amount of medical care.
issues were also recorded in civil hospitals in connection with providing wards
free of charge for persons deprived of liberty, as a result of which they often
have to refuse inpatient medical care, not being able to pay for a separate
medical care and service of persons deprived of liberty should be organized in
such wards where it will be possible to ensure their safety and protection,
taking into account the mandatory presence of accompanying officers, and the
impossibility of staying with other patients in the same wards. In this regard,
it is urgent for the state to develop and properly implement relevant
another issue is the timely organization of examinations necessary for persons
deprived of liberty to undergo medical and social examinations, as a result of
which in some cases they are deprived of the privileges established for a
person with a disability, including a pension or allowance,
issue of providing the persons deprived of liberty with the necessary
medication prescribed by the doctor remains problematic. Cases were recorded
when a person was taken to a penitentiary with the prescription of permanent
medication, but the corresponding medication was not provided to him/her due to
its absence or organizational issues related to non-working days.
Defender emphasizes that there are systemic problems in the process of buying
medicines as well, which need an urgent solution.
the viewpoint of guaranteeing rights, it is important to organize the
procurement of medication in a way that, in case of medical indication, the
person deprived of liberty is provided with the necessary treatment without
above-mentioned issues have been constantly raised by the Human Rights Defender
as a national prevention mechanism in ad hoc and annual reports as well as in
separate letters and during thematic discussions, but they have not received
any radical solution.
Human Rights Defender once again urges the Ministry of Health and other
competent bodies to take immediate actions to solve the raised systemic
problems, in order to ensure the rights of persons deprived of liberty.