VIII) Permanently unemployable convicts
I found significant shortcoming in the conditions for personal
hygiene of PUCs. I encountered the case of one convict with a lower
limbs paralysis. He could not stand during showering nor sit on a
bench and so there always had to be someone to assist him. 107
In one case, there was only 1 toilet and 1 shower adjusted to
the needs of people on wheelchairs 108 for 11 such convicts. Both
the shower and the toilet were placed in one room, which made
simultaneous personal hygiene of more convicts impractical.
Every day, someone could not use the toilet because somebody
else was using the shower, and vice versa. Moreover, the shower
access to showers
adjusted to disabled persons was situated next to a convicts’ bedroom who then lacked privacy and undisturbed sleep. Other toilets in the parts of the prison frequently attended by immobile convicts, e.g. health care centres, were
also not usually adjusted to their special needs. A convict on a wheelchair waiting to see a physician
in a healthcare centre was thus effectively prevented from going to the toilet.
Similar situation was found in the common kitchens, which were not usually adjusted to the needs of
wheelchair-bound convicts.
In view of the structural-technical condition of certain prisonsc 109, I came to the conclusion that holding permanently unemployable convicts in this kind of spaces is very difficult and unsustainable in the
long term. I believe the problem is especially urgent in the Karviná Prison, which I found unsuitable for
placement of PUCs, especially of convicts with severe disabilities.
Concerning the material equipment of the prisons, I refer to Section 2 (1) 110 and Section 16 (7) 111 of
the Imprisonment Act, the established case law of the ECtHR (see above) and the fact that the Czech
Republic ratified the Convention on the Rights of Persons with Disabilities.
I recommend that the General Directorate of the Prison Service:
•• Carries out an analysis of the structural–technical condition and material equip-
ment of all the specialised prison blocks where convicts with disabilities are placed;
this should be implemented by the end of 2016.
•• In connection with the previous recommendation, ensures that the conditions
of imprisonment of convicts with disabilities are in accordance with ECtHR case law.
•• Does not place immobile convicts in the Karviná Prison.
107
File No. 4420/2014/VOP/JM. I believe prisons where severely disabled convicts serve imprisonment should be equipped with a bathtub
adjusted to the needs of persons with mobility impairments.
108
Although the shower contained a seat (albeit only with 100 kg bearing capacity), it did not contain folding rails for support, which means
the shower did not meet the requirements pursuant to par. 5.1.12 of Appendix 3 of Decree No. 398/2009 Coll., on general technical
requirements ensuring barrier-free use of structures.
109
Moreover, current prisons are often limited by urban development, the original purpose of the prison as a remand prison, etc.
110
Imprisonment may be carried out only in a manner respecting the dignity of the convicted person.
111
A seriously disabled convict has the right to appropriate conditions allowing for dignified service of imprisonment.
/37/
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