of 9 February 2016 MOC11600111071 the prisoners, in case of refusal of the supplied medicines, the prisoners can acquire the prescribed medicine, including the branded medicines at their own expenses. In spite of this answer from the Ministry, there’s still a problem in practice with acquisition and sending of such medicines inside the prison. According to the findings of our monitoring, the healthcare personnel of penitentiary establishments are normally prescribing only generic medications available at the relevant penitentiary establishments at the expense of the state. For this reason, prisoners are precluded from buying branded medications with their own money. It is important for the prisoners to be able, in agreement with the doctor and on the basis of a relevant prescription, to buy a branded medication corresponding to the generic one initially prescribed by the doctor in the penitentiary institution’s pharmacy or, where there is no pharmacy, to receive such medications from their family members. RECOMMENDATION TO THE MINISTER OF CORRECTIONS • Take measures to ensure that prisoners have unimpeded access to basic prescribed medications; ensure that, in issuing prescriptions, doctors are not limited to issuing only those medications that are available in the penitentiary establishment and that prisoners can access branded medications at their own expenses without barriers, upon their request and in agreement with their doctors; elaborate a clear procedure for delivering medications in parcels to prisoners in penitentiary establishments where there are no pharmacies. 2.5.4. ACCESSIBILITY AND QUALITY OF HEALTHCARE SERVICES 2.5.4.1. Accessibility of the Doctors In Kudla v. Poland the European Human Rights Court held that Article 3 of the European Convention imposes an obligation upon the State to secure physical health of detained persons. In many of its judgements the Court stated that it is incumbent upon the relevant domestic authorities to ensure, in particular, that diagnosis and care have been prompt and accurate, and that supervision by proficient medical personnel is regular and systematic and involved a comprehensive therapeutic strategy.163 According to the information received from the Medical Department of the Ministry of Corrections, as of 31 December 2015 there are 9 716 accused/convicts in the penitentiary system, whist the number of healthcare personnel consisted of 189 doctors (15 Chief doctors and 2 deputy chief doctors) and 233 nurses. In 2015, the Medical Department had a contract with the 54 specialised doctors. 163 Inter alia, Jashi v.Georgia, Judgement of 8 January 2013, para. 61. 96 NATIONAL PREVENTIVE MECHANISM (NPM), 2015