On March 22, 2019 UHHRU Executive Director Oleksandr Pavlichenko visited with monitoring mission “Bucha penitentiary establishment No 85” (BPE-85). As of the date of the visit there were 79 convicts with HIV.

State institution “Bucha penitentiary establishment No 85” (BPE-85) is the medium security prison for men sentenced for a certain period of imprisonment, which were previously serving the sentence in penitentiary institutions. At Buscha penitentiary establishment there is multi-specialty hospital with the capacity for 120 patients, as of the day of the visit 70 ill convicts stayed there.

It shall be mentioned that the hospital though carries on with medical practice does not have the license for such practice, in particular, for surgeries and keeping strong painkillers and drug-containing substances, which can be used for surgery. The license became void after the subordination of the healthcare service was changed, which is currently transferred to the Center for Health Protection.

Thus in the BPE-85hospital, for comparison, for two first months (January and February):

In 2017, 30 persons were operated;

In 2018, 49 persons were operated;

In 2019, 6 persons were operated.

At that it should be mentioned, that the reason for decreasing the number of operated patients is the absence of medicines, the supplies of which were depleted, and the license for their purchase was not received. At the same time, the surgeries were carried out and the medicines were stored without the licenses, as the new licenses were not received, and the old ones became void as they were issued for other healthcare institutions, which were “reformed”.

General situation in the healthcare facility

The conditions of convicts’ detention are poor. First of all, the daily routine is practically not observed, the control over the convicts in the wards is weak. All hospital wards are actually prison wards with metal doors opened by inspector. There is one inspector for three floors and all wards. Accordingly, only one ward can be opened at a time. Under such conditions it is practically impossible to provide for one hour walk for each convict, which was proved by the convicts. The wards are filled with smoke, as there is no other opportunity for smoking.

The convicts, which were in the hospital made the point that for two weeks already they did not have the opportunity to take a shower, as all boilers got burned. Bed clothing, used by the convicts, also was not changed for two weeks.

In BPE-85 for the time of monitors’ visit there were 79 convicts with HIV diagnosis, one of them was diagnosed AIDS for the first time. Out of 80 persons 60 receive antiretroviral therapy, in other words 75%.

It was mentioned in the healthcare facility of the penitentiary establishment that there was a problem with blood collection tubes for CD-4 and viral load tests.

While visiting the convicts in the wards the problem with medicines procurement and carrying out required diagnostics was confirmed. As it is impossible to carry out proper diagnostics in the conditions of the penitentiary institution.

Example:

The convict B., transferred from Raikiv penitentiary establishment, where in the result of gust of wind metal gates fell on him and he got compound fracture of the left leg. The convict does not have money for the surgery for implanting the plate. If this surgery is not done urgently, his leg will remain crippled and will be disabled.

This brings up the question of responsibility of the penitentiary system for provision of relevant medical assistance to a person under its control and who was injured through no his/her own fault.

UHHRU recommendations

The licensing shall be carried out with no delay for:

a) medical practice in the healthcare facility of BPE- 85;

b) drug-containing substances and strong painkillers, necessary for surgeries and post-surgical treatment.

The regime of the convicts’ detention in healthcare facility shall be observed, which has immediate impact on the effectiveness of treatment. The number of the duty inspectors shall be sufficient for timely and effective control of the situation in each ward and the possibility to carry out all treatment procedures.

Ukrainian Helsinki Human Rights Union implements the project “Development of the legal network for protection of the people living with HIV/AIDS, representatives of key PLHIV communities and persons ill with TB” with the financial support of the Charitable organization “All-Ukrainian Network of the People Living with HIV/AIDS” in the framework of implementation of the project “Releasing the Burden of TB and HIV infection through creation of the open access to timely and quality diagnostics and treatment of the TB and its resistant forms, expanding evidence based prevention, diagnostic and treatment of HIV infection, and creation of stable and sustainable health protection systems”, which is implemented with the financial support of the Global Fund to Fight AIDS, TB and Malaria.