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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