ON THE RESULTS OF THE BRIEFING ON PREVENTIVE VISITS OF ORPHANAGES, CLOSED AND PSYCHIATRIC INSTITUTIONS IN THE CHUI REGIONНоя 06.2020
On October 28, 2020, at 10:30 am, a briefing was held on the results of preventive visits to orphanages, closed, psychiatric institutions in the Chui region within the framework of the Cooperation Agreements of the Institute of Ombudsman of the Kyrgyz Republic, the National Center for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment of the Kyrgyz Republic with the Human Rights Movement "Bir Duino Kyrgyzstan".
In the period of the coronavirus pandemic, the observance of human rights in orphanages, closed and psychiatric institutions acquires particular importance, due to the vulnerability of persons in them, often left without due attention, unable to exercise their rights, facing their neglect. Therefore, the preemptive expert group visit mechanism represents an innovative approach to solving the institutional problems associated with the provision of rule of law assistance in closed institutions.
Equivalence of caring for people in prison according to the Nelson Mandela Rules
In line with the minimum standards of the United Nations Rules for the Treatment of Prisoners (The Nelson Mandela Rules) “It is the responsibility of the state to provide health care to prisoners. Prisoners must be provided with the same standards of health care that exist in society and must be provided with free access to essential health services without any discrimination based on their legal status. ”
In this regard, persons in closed institutions in case of suspicion or confirmation of infection with COVID-1 should have access to emergency specialized medical care. Facility administrators must establish close links with public health services and other health care providers, in accordance with the Nelson Mandela Rules. For older or sick people in prison, parole programs should be a priority given the specific risks of COVID-19
At the same time, in the course of preventive visits, convicts reported frequent cases of illness with covid symptoms in cell-type institutions. All patients were hospitalized in 47 colonies, where there were more than 1000 cases of those who applied with symptoms of community-acquired pneumonia in mild and moderately severe form without complications. The difference between the official statistics of the State Penitentiary Service and the data collected by the preventive group is associated with the lack of access to PCR analysis. In July, in IK 47, human rights defender Azimzhan Askarov died, and the investigation has not yet answered the cause of his death.
Medical aid and medical services
It is necessary to provide access to PCR tests for convicts with symptoms of Covid. Maintain a complete record of recovered personnel and convicts in all institutions; use the U-07.2 cipher code - unconfirmed Covid.
To ensure access to medical care, it is necessary to use the mechanism for obtaining reimbursement of basic medical services through the Program of State Guarantees / Supplemental Compulsory Medical Insurance for personnel and wards, especially for the possibility of receiving dental care.
Conduct an audit of all hospital purchases for compliance with EDL, evidence, KR / CRC, etc. remove unproven drugs from the use and purchases of the penal system and social institutions;
Large-scale vaccination of people in psychiatric institutions is dangerous to their health. It should be noted that all cases of possible compulsory uncontrolled vaccination against personnel and wards in closed / semi-closed institutions are unconstitutional, since according to part 3 of article 22 of the Constitution of the Kyrgyz Republic, it is prohibited to conduct medical and biological experiments on people without their voluntary consent.
Physicians do not work according to the protocols of the Ministry of Health of the Kyrgyz Republic, do not comply with the KR / KP - they do not know, there is no access, there is no implementation, training, while there is an acute shortage of specialized doctors. Treatment is prescribed not according to CR / CP. Doctors in neuropsychiatric hospitals generally do not have information about new CR / CP in psychiatry.
It is necessary to consider the possibility of compensation payments and incentives to health workers for work during the coronavirus pandemic (APCR, MHIF, MH, State Penitentiary Service, MTSD, etc.).
States should develop a Plan providing for the emergency release of convicts. Those most at risk, in particular the elderly and those with mental and physical problems should be considered immediately for release to avoid serious consequences if COVID-19 spreads in prisons and to reduce the burden of essential health services.
Therefore, Alternatives to Imprisonment should be provided in accordance with the UN Standard Minimum Rules for Non-custodial Measures (Tokyo Rules). According to the Tokyo Rules: “In order to be more flexible according to the nature and severity of the offense, the personality and background of the offender, as well as in the interests of protecting society and to avoid the unjustified use of imprisonment, the criminal justice system should provide for a wide range of non-prison conclusion, from pre-trial to post-trial measures”.
he right to life in prisons is in danger. National disaster plan, including combating covid in accordance with UN principles and PRI recommendations, consider alternatives to exclude corruption and old approaches. It is necessary to unload prisons.
These measures should be applied to all convicts covered by the Tokyo Rules, especially older convicts and people with special needs. So, IK2, there were 3 women with cancer Sh.N. H.M. S.A., with suspicion of oncology Zh.O., M.R. suffered a stroke, suffering from the progression and exacerbation of cardiovascular and nervous diseases that threaten her life.
Contact with the outside world
Any restrictions on contact with the outside world should be proportionate, including time-limited and non-discriminatory. Isolation or quarantine measures must be proportionate, permitted by law, and not lead to de facto solitary confinement.
During the quarantine period, visits were prohibited, and since August it has become possible if relatives have a PCP test. Relatives were not informed about the illness, the convicts could only call their relatives in accordance with the existing right to make calls. Meetings with lawyers were only possible if they had PCR tests, unlike investigators and prosecutors.
All institutions need to establish alternative means of communication (cellular, whatsapp, skype, etc.) with relatives during and after quarantine.
The state should guarantee access to prisons for monitoring bodies (external inspections)
Access of preventive groups, including representatives of the Ombudsman Institute, NCPP KR, to closed institutions was possible only if there was a PCR test, which limited their mandate, thereby increasing the risk of increasing the facts of human rights violations.
Conduct investigations into all the reported facts of torture and ill-treatment in closed institutions, close the punishment cell that does not ensure the conditions of detention that meet standards.
Recommendations for the protection of the rights of wards in psychiatric institutions, inmates of children's homes
The Ministry of Health of the Ministry of Labor and Social Development, the Ministry of Education and Science to ensure uninterrupted provision of the necessary medicines, PPE, disinfectants, orphanages, psychiatric institutions;
Ministry of Health to revise the norms and quality, volume and range of food for people in social institutions, especially for children;
Conduct a revision of diagnoses in accordance with the new KR / KP for disability, benefits, pensions, probation and health amnesty. Carry out this work regularly;
To study the legality of the seizure of premises from the Oberig public association.
Links to sources:
The preventive visits were organized within the framework of the project: "Assistance in reducing the level of impact of the consequences of coronavirus in orphanages, psychiatric, and closed institutions of Kyrgyzstan through monitoring, protection and development of recommendations for an effective response to threats in the future", implemented with the support of the Small Grants Program of the Democratic Commission of the US Embassy.
The opinions, conclusions, conclusions or recommendations expressed in this document represent the views of the authors and do not necessarily reflect the views of the US Embassy Democratic Commission Small Grants Program.