SECTION 2. The results of NMP operation in Ukraine Preliminary Detention” stipulating detention of persons taken into custody at remand prisons of the State Criminal Enforcement Service has no mention of detention of persons afflicted with tuberculosis. As a result, such individuals are placed in remand prisons that do not belong to the specialized anti-tuberculosis institutions capable of providing relevant comprehensive treatment. At the same time it is noteworthy that the provision of Article 12 of the Law of Ukraine “On Control of Tuberculosis” contradicts the provision in Article 17 of the same law, according to which persons afflicted with tuberculosis that are identified in remand prisons receive treatment and preventive assistance at the medical units of remand prisons. Therefore, such persons are further held in remand prisons that do not belong to the specialized anti-tuberculosis institutions capable of providing relevant comprehensive treatment to tuberculosis patients. Moreover, holding of persons afflicted with tuberculosis together with the healthy creates a risk of infection among inmates and the institutional staff, which is of frequent incidence. 149 The described deficiencies in the legislation entail failures to comply with the requirements of the Joint Order of Ministry of Health Care and Ministry of Internal Affairs, No. 331/645 of July 6, 2004, “On joint anti-tuberculosis measures among prisoners held at specialized facilities within time frames established by the legislation of Ukraine” (registered with the Ministry of Justice of Ukraine on July 13, 2004 under No. 874/9473); p. 2.4 of this regulation requires hospitalization of detainees in the event of identification of a severe, untreated or bacterial form of tuberculosis and their guarding during treatment at the specially arranged premises designated at anti-tuberculosis in-patient health care institutions. In reality such persons are not hospitalized at any specially arranged premises designated at anti-tuberculosis health care institutions but moved to remand prisons, under the requirement of Article 4 of the Law of Ukraine “On Preliminary Detention”, and held there in violation of the requirements of Article 12 of the Law of Ukraine “On Control of Tuberculosis” and in contravention of the Joint MIA and MHC Order referred to above. 3. To amend Article 9 of the Law of Ukraine “On Preliminary Detention” with regard to: – periodicity of parcels (packages) allowed to persons taken into custody: Article 9 of this Law entitles persons taken into custody to receive parcels or packages and money transfers but does not contain such language as “without limitations”, while according to Article 112 of the Criminal Enforcement Code of Ukraine the number of parcels and packages allowed to convicted prisoners that are held in penitentiaries is not limited. Such lack of clear provisions on periodicity of parcels (packages) enabled the penitentiary agency to es-

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