Ensuring Access to Medical Assistance in Prisons in the ATO

Zone through National Preventive Mechanism

Oleksandr Gatiiatullin, member of the Advisory Council on implementation of the national preventive

mechanism under the Authorized Representative of Ombudsmen

21 October 2015

State Penitentiary Service of Ukraine (hereinafter – SPSU) institutions in Donetsk and Luhansk regions within armed conflict conditions

36 SPSU institutions,25 623 people in total (as on 01.07.2014)Since 17.07.2014 part of institutions has gradually moved to the submission of so called "State Service for performing Sentences of the Ministry of internal affairs of DPR/LPR“29 institutions (3 of them do not function).

7 Institutions are left under control of

Ukraine

The All-Ukrainian Network of PLWH under conditions of conflict in Eastern

Ukraine 6 NGO funded by the Network perform activities of care and support in 25 institutions of SPSU.464 prisoners receive ARV treatment, stock of drugs available until late August 2014 (as on 01.09.2014).SPSU refused to supply drugs.

Within August – October 2014 the Network has supplied ARV and other drugs to SPSU institutions.

Cooperation with Ombudsman

• An initiative to perform Monitoring visits of National Preventive mechanism to institutions of SPSU in the ATO area to territories controlled by the Government of Ukraine;

• Gathering information from institutions in territories not controlled by the Government of Ukraine and presentation of gathered information at Ombudsman’s events.

National preventive mechanism

National preventive mechanism (NPM) – is a system of regular visits to places of detention and providing recommendations to improve conditions of detention and behavior with persons who are there.

Implementation of NPM is delegated to Ombudsman.

In Ukraine NPM is being implemented in the format “Ombudsman+” since 2012

Visits of NPM to ATO zoneWithin October-November 2014 3(three) NPM visits have been performed (Starobelsk, Artemivsk and Mariupol prisons).

Group members – 2 representatives of NPM department (1 expert of department for expert-analytical medical issues study) and 2 public monitors of NPM.

Monitoring results• Not enough attention is paid

to the issue of healthcare supplies including for PLWH;

• Low levels of stocks and uncertainty in supplies in the nearest future;

• Issues of granting qualified health care (surgeries, complex diagnostics) are not being solved;

• Underfunding of practically all budget lines;

• No possibility to transfer people who are already sentenced from investigation wards to prisons

Reaction Ombudsman’s appeal to the Prime-minister of Ukraine regarding necessity of urgent actions on resolving the situation with investigation wards in the ATO zone.

Order of the Prime-minister of Ukraine Arseniy Yatsenyuk to relevant ministers.

Monitoring other institutions in ATO zone

Since Autumn 2014 the NPM Department of Ombudsman’s office, together with public monitors, have started performing monitoring visits to ATO zone (controlled territories) during which the issues of food and healthcare supplies, as well as issues of security/evacuation were studied.Institutions:- Of the Ministry of social policy of Ukraine (orphanages and children’s houses);- Of the Ministry of health of Ukraine (houses of child, psychiatric hospitals);- Of the State Border Service of Ukraine (military bases, custom control and border crossing points);- Of the Ministry of internal affairs of Ukraine (regional police departments, temporary detention facilities)- Of the State court administration of Ukraine (courts).

Thank you for your attention!