Yesterday the Human Rights Defender made an immediate recommendation concerning A.H., a detainee held in the “Prison Hospital” penitentiary institution who suffers from a severe illness stage 4th peripheral lung cancer. The recommendation was also made public and provided that the deprivation of liberty of the prisoner is incompatible with his health conditions and endangers his right not to be subjected to torture, inhuman or degrading treatment and right to life.
The Human Rights Defender launched an investigation upon the detainee’s complaint and within its framework monitoring visits were carried out to the Prison Hospital and medical documents of the detainee were examined at the direct instruction of the Defender. As a result of examination of the complaint, medical documents and letter of the Penitentiary Service addressed to the Defender, it was revealed that the person suffers from a severe illness, namely stage 4th peripheral lung cancer with oncological intoxication.
During the investigation of the complaint, the Defender’s staff revealed that Mr. A.H.’s case is already appealed against by the Deputy Prosecutor General to the Court of Cassation. The Penitentiary Service clarified in the official letter addressed to the Defender that the penitentiary institution had provided the information on the detainee’s health condition to the Cassation Court as well.
Yesterday the Human Rights Defender raised the issues of changing the detainee’s measure of restraint based on the severe illness both publicly and through sending an official letter to the Prosecutor General by making an immediate recommendation.
According to the information provided by the penitentiary institution, it was found out that by the decision of the Court of Cassation detention that was chosen as a measure of restraint against the person was changed to the restriction on leaving the country, and the person was released.