How prisoners with disabilities serve their sentences in Kazakhstan

(from the materials of workshops on the medical service and its phased transfer to the Ministry of health Ombudsperson KZ, Committee of the penitentiary system)

In the context of progressive work on improving the activities of the UIS changes to a number of departmental Orders, among which was the subject of a change Order №530 "On approval of Rules of organization of tuberculosis care in institutions of the criminal Executive system, the List of diseases that are the basis for release from serving a sentence, the Rules of medical examination of convicts submitted for release from serving a sentence due to illness".

At the moment, more than 700 prisoners with disabilities are serving sentences related to imprisonment.

In General, the social environment of this category of convicts does not differ from that in which other convicts are located. Improved housing and living conditions are being created for people with disabilities in accordance with Government resolution №1255 increased food standards have been established.

58 institutions have special technical facilities or devices for keeping disabled prisoners: specially equipped bathrooms, ramps, handrails, special cells or dormitories.

In addition, according to the Individual rehabilitation program ("on certain issues of the disabled" order of the MHSD №26 of 22.01.2015), auxiliary means are provided, such as strollers, canes, crutches, prostheses, orthopedic shoes, and so on.

The execution of sentences in relation to prisoners with disabilities has its own peculiarities. Thus, group I invalids, according to the conclusion of the medical commission, have the opportunity to be released early on general grounds. For example, since the beginning of this year, 2 people have used this right.

Among those arriving in institutions of the penal correction system, there are also people who have not previously sought medical help.

It is the responsibility of the Ministry of labour and social protection to establish a disability group, reexamination it, and transfer it from one group to another. However, this is under constant control of the penal system. So this year, 23 convicts were assigned a disability group for the first time in institutions of the criminal Executive system , and 47 more persons were re-examined at the end of their disability period.

The social responsibility of other prisoners towards the disabled should also be emphasized. On a voluntary basis, they help to fulfill daily household needs (accompany to the toilet, washrooms, make beds, help to get dressed, etc.) This is all encouraged by the management of the colonies and is reflected in the characteristics (when granting Parole and ZMN).

There are some convicts who cannot serve themselves on their own. In this case, assistants-orderlies from among the convicts, who receive a salary for this at the expense of the institution, are assigned.

From the response of the Committee of the penal system of the Ministry of internal Affair`s of the Republic of Kazakhstan it became known, what "handling of the penal system and the Agency for construction, Housing and utilities has been developed a model project for the penitentiary system, which provides special equipment and adaptations – ramps, handrails, special cells for the disabled not less than 2% of premises (but not less than one residential premises in each section).  For the construction of new institutions, the akimats of the West Kazakhstan region, North Kazakhstan region, Kyzylorda, Karaganda, Aktobe and Turkestan regions and Nur-Sultan have allocated land for the construction of new special-purpose facilities. Funds for the construction of these facilities have not been allocated at the moment.

In general, in order to radically improve medical care not only for persons with disabilities, but also for all convicts, it is necessary to strengthen the medical service and gradually complete the process of transferring medical support for convicts to civilian health care.

Providing equivalent medical care is a global practice and a benchmark for Kazakhstan's prison system to approach international standards, which we need to strive for.

Thus, according to the Nelson Mandela Rules, the medical service must provide psychiatric treatment to all prisoners who need such treatment, and the prison administration takes all reasonable accommodation and adaptation measures to ensure that prisoners with physical, mental or other disabilities have full and effective access to life in prison on an equal basis.

In Kazakhstan, the rights of prisoners with disabilities to receive parcels and transfers with medicines and medical devices, to be kept in premises equipped with special technical equipment and devices, to receive education, and to use the services of specialists who speak the dactylic-sign language or Braille are guaranteed by the Penal enforcement code, the Code on public health and the health system.

 

The full text of the Order is available at:

https://www.gov.kz/memleket/entities/qriim/documents/details/adilet/V1900019779?lang=ru