2.3.47.
2.3.48.
2.3.49.
2.3.50.
2.3.51.
2.3.52.
a grave illness, shall be based on a justified professional
opinion.
The key principles and criteria for inclusion of illnesses in
the list of illnesses deemed incompatible with serving the
sentence should be revised taking into consideration,
among other things, the diseases that are prevalent in
PIs and cause mortality, as well as the high prevalence
of illnesses in the region.
When releasing from pre-trial detention or sentence on
this ground, it is necessary to take into consideration the
person’s overall health condition in the wider context of
securing dignified care and holding conditions for the
person, even when none of the illnesses taken alone
corresponds to the list of illnesses prescribed by the
legislation.
It is necessary to revise the powers of the competent
bodies and to prescribe more clear legal procedures of
operation, as well as the deadlines of and entities
responsible for sending the personal file of a person
deprived of liberty, who has a grave illness, from the PI
to the relevant medical commission, and whether the
convict has the right to apply to the said commission
personally or through a lawful representative, etc.
It is necessary to revise the composition and formation
principles of the said commission, their powers, and the
legal regulation of their activities.
It is necessary to prescribe the said medical
commission’s operating procedures, decision-making
procedure,
deadlines,
criteria,
the
mandatory
requirement to prepare a professional opinion, and a
clear requirement to substantiate them, always to
prepare them in writing, and to inform the person
deprived of liberty thereof.
A legal act should regulate the process and timeframes
for consideration of the question of release from pre-trial
detention due to a grave illness.
27
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