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.
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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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