VIII) Permanently unemployable convicts
4) Provision of care and the role of “carers“
Assistance and support in coping with everyday tasks, meal, personal hygiene, moving around and
some nursing tasks concerning PUCs who need them on account of their medical condition, are generally ensured in prisons by employed convicts, or they are provided on an informal (volunteer) basis.
In light of ECtHR case law, provision of care by fellow convicts on a volunteer basis must be resolutely
rejected. 112 While the Convention does not stipulate the right to social care, the ECtHR has repeatedly
concluded that the duties of the State in ensuring adequate conditions in detention include addressing
the special needs of convicts with disabilities. Moreover, the State cannot relieve itself of the duty
by transferring it to the other prisoners. 113 I have encountered cases where convicts dependent on
care were cared for by another convict, one who was not assigned to the position of carer and was
rewarded for these activities in terms of disciplinary steps. I documented a case of a convict who suffered from faecal incontinence and was in need of assistance with bathing. He was cared for by a fellow convict who cleaned the toilet after him, helped him exchange incontinence aids and bathed him.
The dependent convict gave him money (approx. CZK 800) for which the carer bought things in the
canteen. If a convict is dependent on care (needs assistance with bathing, exchanging incontinence
aids, etc.), he should receive it only from convicts officially employed by the prison as carers. In cases
where care is provided by another convict informally, there is an increased risk the carer would abuse
this dependence relationship. I consider the above-described case as impermissible.
Convicts employed as carers are designated as carers or medical assistants, sometimes as carers for
immobile convicts. These are employed convicts who are not considered orderlies in the sense of RDG
No. 17/2013, stipulating the conditions for the activities of an orderly by imprisoned persons in health
care facilities of the Prison Service of the Czech Republic that provide in-patient care. 114 The aforementioned activities of carers as I encountered them in the visits to the three relevant prisons are not
covered by any special internal regulation of the Prison Service.
The responsibilities of a carer, or a medical assistant, as observed in practice in the visited blocks,
include assistance to the convicts in need with basic self-maintenance tasks – personal hygiene,
exchanging incontinence aids, bringing in and distributing food, preparing insulin pens, etc. The scope
of the working tasks of carers is not defined by internal regulations 115, there are no qualification
requirements (e.g. training for certain tasks, etc.).
In one case, care for the convicts was always provided by two carers whose standard working time
was 8 hours. However, there was nobody to substitute for them, which meant they were providing care continuously. Moreover, in order to be always available, the carers were living in the same
bedroom (joint bedrooms with barrier-free toilet) as the convicts who needed maximum assistance.
The carers did not have time to rest nor 8 hours of undisturbed sleep.��116
112
Cf. judgements of the European Court of Human Rights in cases Farbtuhs v. Latvia, par. 60; Kaprykowski v. Poland, of 3 February 2009,
no. 23052/05, par. 74; D. G. v. Poland, par. 147; Grimailovs v. Latvia of 25 June 2013, no. 6087/03, par. 161; Semikhvostov v. Russia,
par. 84.
113
For more details, see Grimailovs v. Latvia.
114
The individual activities that can be carried out by convict orderlies are specified in Section 4 of the above-mentioned RDG.
115
Cf. Section 116 of Act No. 108/2006 Coll., on social services, as amended.
116
SCf. Section 16 (5) of the Imprisonment Act.
/38/
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