03:06, Wednesday, 23.10.2019
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The state obliges the victim of cruel treatment in the penitentiary establishment to conduct expertise every year

04.07.2019

 
The court postponed the imprisonment term of the disabled convicted A.T before recovery. Human Rights Center requests to free him from the imprisonment term.

A.T was arrested in 2012 when he was absolutely healthy. In the prison # 8 he became victim of cruel treatment from the prison personnel that significantly damaged his health.  

Investigative bodies only once questioned A.T in prison about the fact of inhuman and degrading treatment. Although the convicted person holds the status of the first group disability as a result of beating and torture in the penitentiary establishment, he still does not have victim status. 

HRC appealed the Office of the Prosecutor General and requested information about the investigation process. As usually, the prosecutor’s office sent standard answer – the investigation is going on. 

HRC addressed the penitentiary establishment N8 to provide the organization with the medical documents of A.T from 2012, when he was placed in prison. The prison answered they do not have similar documents in the archive. 

First, A.T’s imprisonment term was postponed in 2013 because of health problems but in February 2019 he was again arrested. The reason of the arrest is that he could not take next expertise due to financial problems in 2018 that was obligatory for him because of postponed imprisonment term. 

In 2019, A.T took another expertise which confirmed that his health conditions have not improved and is still disabled person. Regardless the conclusion, the special penitentiary service of the Ministry of Justice repeatedly petitioned the court to postpone the imprisonment of A.T instead releasing him from prison. 

Human Rights Center addressed the Office of the Prosecutor General and the Special Penitentiary Service of the Ministry of Justice and requested to study the fact of losing the medical documents of A.T from 2012 but the organization has not yet received answers. 

Human Rights Center believes it is not fair that from June 2019, A.T’s imprisonment term is still postponed and not removed at all. 

HRC addressed the Special Penitentiary Service and the Public Defender to study why the disabled is not completely released from imprisonment. 

HRC believes that in each concrete case, when the imprisonment term is postponed due to the health conditions of the convicted and he/she is obliged to conduct expertise every year that is not financially affordable for the person, the Special Penitentiary Service of the Ministry of Justice shall appeal the court to fully release the disabled convicted person from imprisonment. 
HRC calls on the prosecutor’s office to effectively investigate the fact of cruel treatment of the convicted person by the personnel of the prison # 8. 

A.T shall be freed from imprisonment because of his health conditions as it is a threat that he will not be able to take expertise again and will be sent back to prison. 

Human Rights Center 

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