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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
U.S. Embassy in Ukraine and cooperation
with UNICEF.
2. The special report on “The current
status of the right to medical assistance
in detention facilities of the State
Penitentiary Service of Ukraine” is based
on the data collected by NPM Department
during its monitoring activity and the data
from Kharkiv Institute for Social Researches
experts who for a number of years were
continuously involved in human rights
studies at different custodial settings.
The report provides a detailed analysis
of how medical assistance is given to
detainees in remand prisons, including
analysis of such issues as conduct of
medical examinations, availability of
medical professionals, quality of diagnostic
and other equipment, measures to prevent
infectious diseases within institutions,
the right to health care in the context of
vulnerable groups of prisoners - TB and
hepatitis patients, people living with
HIV/AIDS, drug addicts, mental patients,
women, minors and people with special
needs. The report also carries references
to those international instruments that
establish the basic requirements for health
care in custodial settings.
The results of visits to remand institutions
also led to some adjustments in the set of
tools for the monitoring of medical services
in custodial settings that was earlier
suggested through the Open Society
Justice Initiative program and integration
of this method into the operation of NPM
in Ukraine.
This study became possible due to support
of IRF’s “Public Health” Program.
Studying NPMs experience in other
countries
Over the past year the representatives of
the civic sector and the staffers of NPM
Department carried out two study visits
to Spain and Denmark in order to learn
about the work of the national preventive
mechanisms in these countries.
On September 9 - 11, 2013 following the
invitation of Ms. Carmen Comas – Mata
Mira, Chief of Cabinet of the Ombudsman
- Head of NPM in the Kingdom of Spain a
delegation of Ukrainian NPM consisting of
members of the public (from OSCE Project
Coordinator’s Office in Ukraine, Kharkiv
Institute for Social researches, AUMLE)
and led by Yuriy Bielousov, Head of NPM
Department, was in Madrid with a study
visit. The visit was carried out with the
support of the OSCE Project Coordinator in
Ukraine.
During the meeting with employees of the
Spanish NPM (which operates under the
“Ombudsman” model) the delegates in
proper detail examined the arrangements
in the work of the NPM in Spain, its modes
of interaction with the authorities in charge
of custodial settings and the system of
custodial settings in Spain. It was noted that
NPMs in Spain and Ukraine resort in their
work to a number of similar mechanisms.
For instance, in order to address strategic
issues related to the functioning of the
national preventive mechanism the
Defensor del Pueblo (Ombudsman) of
Spain has established an Advisory Board
composed of 20 representatives of the civil
society, professional organizations and
international institutions. The structure and
functions of such board are nearly identical
to those of the Expert Council established
with the Ombudsman of Ukraine. In Spain
the Department of NPM consists of 4
experts and 2 administrative assistants;
such a small staff explains the relatively
small number of visits to custodial settings
– less than 400 from 2009 to 2013.
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