VIII)  Permanently unemployable convicts VIII) Permanently unemployable convicts In this report, I devote special attention to this specific group of convicts because they are at the centre of a number of shortcomings I found, specifically in the area of material conditions of imprisonment and conditions for personal hygiene, the activities of the “carers” on the part of other convicts, the availability of rehabilitation care and provision of the necessary medical aids. In case of two prisons, I ave to note cases of ill-treatment in the sense of violation of Article 3 of the Convention, which I infer on the basis of ECtHR case-law. The category of the “permanently unemployable convicts” (PUC) is defined by Section 69 of the Imprisonment Act. Under this section, a convict is classified as PUC if he or she is older than 65 years, unless he or she applies for assignment to work; he or she has been found disabled in the third degree 74, unless he or she applies for assignment to work and his or her fitness to work is such that the assignment is possible; or permanent employment is impossible due to the state of his or her health. Therefore, this category may include convicts with impaired mobility, but also persons with mental illness or healthy elderly convicts. Imprisonment of convicts falling under the PUC category is specific. Pursuant to Section 7 of the Imprisonment Act, PUC are usually placed separately from the other groups of convicts and, pursuant to Section 92 of the Imprisonment Rules, they serve imprisonment only in specialised prison blocks established by the Director General of the Prison Service. This group of convicts can only be subject to certain types of disciplinary punishments. 75 Convicts are placed in cells and bedrooms based on their medical condition according to the recommendation of the examining physician. PUC may, based on the recommendation of the examining physician or their own request approved by the examining physician, perform suitable work therapy inside the prison or, rarely, outside the prison. 76 there are wheelchair-bound people among convicts Especially as regards convicts classified as PUC, it should be stressed that the underlying principle of punishment is that it must be delivered in a way that respects the convict’s personal dignity. 77 74 Section 39 of Act No. 155/1995 Coll., on pension insurance, as amended. 75 Section 69 (2) of the Imprisonment Act. 76 Section 93 (2) of the Imprisonment Rules. 77 Cf. Section 2 (1) of the Imprisonment Act. For more details, see Section 16 (7) of the same Act. /32/

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