visited, as well as the situation with ensuring the rights to medical aid,
walking, phone conversations, legal aid and others was investigated and
tête-à-tête meetings were carried out with the detainee’s. During the tête-àtête meetings were carried out with the detainee’s legal advice on the raised
issues, the competences of the Ombudsman and legislation demands were
explained to each of them.
During the visit, convicted A.C. mentioned his mental illness and
expressed his dissatisfaction to medical care. His appeal was examined on
the spot, his health issues raised before the Medical-Sanitary Unit and
preventive measures were taken to ensure that such applications were
available.
International health care standards require for prisoners with mental
illness that, persons who are found to be not criminally responsible, or who
are later diagnosed with severe mental disabilities and/or health conditions,
for whom staying in prison would mean an exacerbation of their condition,
shall not be detained in prisons, and arrangements shall be made to transfer
them to mental health facilities as soon as possible. If necessary, other
prisoners with mental disabilities and/or health conditions can be observed
and treated in specialized facilities under the supervision of qualified
health-care professionals. The health-care service shall provide for the
psychiatric treatment of all other prisoners who are in need of such
treatment27.
In the CPT recommendations it was mentioned that, prisoners with
mental illness should be placed in ethics for medical institutions outside of
the prison system, under the public health care.On the other hand, it can be
argued that, provision of psychiatric services within the penitentiary system
enables the implementation of medical services in optimal security
conditions and intensification of medical and social services within the
system28.
At the end of the visit the discussions were carried out with the head of
the institution on further improvement of detention conditions, conduction
of documentation in compliance with the national and international
standards, as well as Internal Discipline Rules of Penitentiary Institutions,
the recommendations were put forward regarding increasing the number of
legal awareness events for service staff.
Within the framework of the activity of the Ombudsman as the NPM the
visit was held without prior notification in Penitentiary Institution
No.2.The aim of the visit conducted upon the demands of the OPCAT and
27
The United Nations Standard Minimum Rules for the treatment of prisoners, (Nelson
Mandela Rules) ,109
28
CPT,GR3, paragraph 43.
26
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