A Disabled Unable to Attend his own Physical Needs is not Being Released
00:00, September 23, 2011 | News | Rights of Patients | Detention Facilities
Why are they continuing to keep under detention the inmates who are almost immobile or have 2-3 months left to live? There are cases when irrespective of whether the illness the inmate is suffering from is included in the Government approved list of diseases exempting from sentence service or not, the inmate is not released.
This problem has not received a solution yet, the members of the Public Monitoring Group at detention facilities voice concerns that there are drawbacks in the penitentiary institution-Medical Working Committee-Interagency Medical Committee chain over medical checkups, conclusion on health condition, release of the inmate from serving the term. In cases of certain inmates, these insufficiencies have been reported to the RA MJ.
Usually the detention facility raises the issue of the inmates; the Medical Healthcare Committee (MHC) discusses, and confirming the medical diagnosis of those inmates, presents it to the Interagency Committee, after its conclusion the court can decide the issue of releasing the inmate.
Although this committee is composed of different agencies, its activity procedure is not well defined, which indefinitely delays the issue of releasing the sick. For instance, it is not known how the decision should be discussed and made, whether the convict should be informed or not, etc. Nevertheless, the Interagency Committee makes a decision, but as human rights activist Artur Sakunts, Head of the Public Monitoring Group at penitentiary institutions, informed that only affirmative conclusions are sent to the court, but neither affirmative nor negative conclusions are provided to the convicts, so that they are able appeal if they disagree. As Artur Sakunts informed, last year the court satisfied 4 of the 5 affirmative conclusions presented by the Interagency Committee, with this year 3 out of 4.
However, it is not the case that, having a disease posted in the list of diseases preventing sentence service, the convict is automatically exempted from serving it.
In the ECHR case laws if the penitentiary has appropriate conditions, sufficient financial resources, necessary level of medical service to maintain the inmate suffering from a disease provided in the list, then the European Court considers keeping the inmate in the penitentiary institution in proportion with law. While, human rights activist Artur Sakunts argues that apart from being guided by the list, each case should be viewed in the particular context, considering the conditions for keeping the diseased inmate is indispensable, but it is possible that the disease is not included in the list approved by the government but the person could be in such a bad, moribund condition that would not represent a threat and releasing him/her would be more rational.
Human rights defender Mikayel Danielyan applied to Hrayr Tovmasyan, RA Minister of Justice and Arman Mkrtumyan, Head of RA Cassation Court, over the case of Hayk Tovmasyan, an inmate at “Nubarashen” Penitentiary with severe health condition. As he has mentioned in the letter “By the verdict of the Court of Common Jurisdiction of Yerevan Arabkir and Kanaker-Zeytun administrative districts the defendant was sentenced to 5 years and 6 months of imprisonment, the latter has been detained since 09.25.2010. According to the notification from the Agency of Medical and Social Analysis (MSA) of the RA Ministry of Labor and Social Matters, H. Tovmasyan has a first-degree disability, he was diagnosed with paresis of upper left limb and severe paraparesis of lower limbs, inability to walk, the latter needs constant individual care and is incapacitated. H. Tovmasyan does not walk, his left hand is also immobile, he moves around in a wheelchair, and is detained at “Nubarashen” Penitentiary in such condition, depending on the care of other inmates (which is not included in their duties).
The fact that neither individual care can be provided at “Nubarashen” Penitentiary, nor the general conditions are sufficient for keeping disabled people, in this case we can’t even talk about wheelchair accessibility, is an undeniable fact that we have recorded as a result of the monitoring at penitentiary institutions by Helsinki Association NGO. In the 2nd supplement of RA Government of N 825 Decree in 2006 on “Procedure on the arrangement of health, sanitary and prophylactic care of detainees and inmates, the access to medical establishments of health authorities and involvement of their health-care staff for that purpose” includes the list of diseases preventing from serving the sentence.
Hayk Tovmasyan’s disease is also included in the list of diseases preventing from serving the term in this supplement. On the basis what is stated above, we are petitioning to release Hayk Tovmasyan from further service.
Hayk Tovmasyan’s advocate Karen Manucharyan informed us that they have submitted a motion to the Court of First Instance to dismiss the case and find out Hayk Tovmasyan’s disease as well as determine the degree of disability, but the court rejected it. The verdict was appealed at the Court of Criminal Appeals, where although the Medical Committee of MoH recognized him as 1st degree disabled who needs individual care, however, the latter did not receive a clear-cut answer and the Court did not consider anything, leaving the decision of the Court of First Instance unaltered. The lawyer appealed to the Court of Cassation but there is little hope that it will be granted and the sentence will be commuted. According to the lawyer, the judicial system cannot find strength not to punish an individual that is unable to attend his basic needs. While, the conditions at the PIs are inhuman.
As reported earlier, on June 9, 2011 the Group of public observers conducting monitoring at PIs of RA MoJ, had submitted an urgent report to the Minister of Justice about five convicts suffering from severe diseases preventing from serving the sentence, including Leyli Chopinyan, Ruzanna Manukyan, and Amalya Mnatsakanyan from “Abovyan” Penitentiary, Armen Takvoryan, Hovhannes Dokholyan from “Hospital for Convicts” in order to exempt from service of the term. The observers consider their further service as inhuman treatment towards convicts. And it has been several times voiced that the conditions in PIs are inhuman and in many of the cases they punish and torture the person instead of correcting and providing justice. Let us remember, for instance, the case of Slavik Voskanyan, who died on October 24, 2010 in “Vanadzor” Penitentiary.
The witness, one of Slavik’s cellmates, wrote in the letter addressed to the Prosecutor General, “On October 6, 2010 Slavik committed a bandit assault, and on that day or one of those days Slavik Voskanyan was put under pressure to confess to committing a murder. The aforementioned murder he is being accused of did not have any proof. Without any proof, he was charged under murder. Mr. Hovsepyan, Prison Chief Mkhoyan received me and said, “Kolya, we need Slavik. I also told Head of Security Mkrtchyan that Slavik Voskanyan had injected spit into his leg. Mkrtchyan said, “let him do whatever he wants…” Mr. Hovsepyan, Slavik Voskanyan was with me in cell #11. By order of the Chief, the Prosecutor and Mkrtchyan, nurses administered an intravenous injection of liquid medication, a prohibited drug, two days after the injection his state aggravated.
The process of dying started, his legs were swelled, suppurated, darkened. And so by order of Vanadzor Prosecutor General, Penitentiary Head, Mkrtchyan, Slavik Voskanyan was killed… Mr. Hovsepyan, in 1-3 hours they arranged the documents as if an animal had died…”