Detention of individuals suffering from tuberculosis

51 cells have been designated in the regional pre-trial detention centres, housing 291 patients with active tuberculosis, including 118 patients in the Donetsk pre-trial detention centre, 140 in the Artemivsk pre-trial detention centre, and 33 in the Mariupol pre-trial detention centre.
Over the past year, 199 patients with an established diagnosis of active tuberculosis were admitted to these institutions from the temporary detention facilities (ITF) of the Main Directorate of the Ministry of Internal Affairs in the region. Furthermore, 241 patients with active tuberculosis were identified in the pre-trial detention centres during initial medical examinations. Also, during this period, after remaining in the pre-trial detention centre for three months, tuberculosis was detected in a further 81 arrestees.
During the first two months of 2010, the situation regarding the hospitalisation of patients was as follows: 29 patients with an established diagnosis of active tuberculosis were admitted from the region’s ITF. In addition, 51 patients with active tuberculosis were identified in the pre-trial detention centres during initial medical examinations. Also, during this period, after remaining in the pre-trial detention centre for three months, tuberculosis was detected in another 24 arrestees.
Since the inception of the Programme, the situation regarding the matter under consideration has changed:
- By the Resolution of the Voroshilovsky District Court of Donetsk dated 16 May 2007, the actions of the officials of the Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region regarding the refusal to accept detainees suffering from tuberculosis into the pre-trial detention centres of the region were deemed unlawful.
- The Prosecutor’s Office of the Donetsk Region, in its letter dated 29 February 2008, No. 16-125 out-08, to the Regional State Administration, proposed, on the basis of existing legislation, to open a pre-trial detention centre ward on the premises of Zhdanivska Penal Colony No. 3 for the treatment of individuals taken into custody and convicted persons
whose court sentences have not yet entered into force.
- In Protocol No. 1-08 of 26 February 2008 of the meeting of the Regional Interdepartmental Commission on Combating Tuberculosis in the Donetsk Region, the heads of the departments of the Ministry of Internal Affairs of Ukraine in the Donetsk Region and the State Department of Ukraine for the Execution of Punishments in the Donetsk Region were instructed, with the participation of the head of the department for interaction with law enforcement
agencies of the Regional State Administration, and with the involvement of specialists from the Donetsk Regional Prosecutor’s Office, to create an interdepartmental group to coordinate joint proposals regarding departmental obligations and the subordination of services during the isolation and treatment of tuberculosis-stricken individuals taken into custody. It was also instructed that the
Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region study the possibility of creating a centralised regional special hospital for detainees suffering from tuberculosis, based on the proposed available premises of regional communal ownership.
- On 25 July 2008, the Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region sent a letter (No. 12-8438) to the Department with a request to introduce additions to departmental regulations regarding the treatment of detainees suffering from tuberculosis, in order to organise a pre-trial detention centre ward on the territory of Zhdanivska Penal Colony No. 3.
- In its letter dated 17 September 2008, No. 8/22-2685, the head of the interdepartmental commission on combating tuberculosis appealed to the Regional Prosecutor’s Office with a request to assist in resolving the interpretation of the regulatory framework in force in Ukraine regarding compliance with legislation on the creation of a pre-trial detention centre ward in Zhdanivska Penal Colony No. 3.
- In its response dated 15 October 2008, No. 16-577 out-08, the Prosecutor’s Office reported that until changes were made to Order No. 280 of the State Department of Ukraine for the Execution of Punishments dated 30 December 2003, the transfer of detainees taken into custody who are suffering from tuberculosis from the pre-trial detention centre to Zhdanivska Penal Colony No. 3 is not possible and contradicts regulatory acts.
- On 22 October 2008, the Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region sent a letter (No. 12-11854) to the Department with a request to introduce additions to departmental regulations regarding the treatment of detainees suffering from tuberculosis, for the purpose of organising a pre-trial detention centre ward on the territory of Zhdanivska Penal Colony No. 3.
- The Department, by its order of 25 November 2009, No. 275, approved changes to the Regulation on the pre-trial detention centre ward on the territory of a penal colony. The order was registered with the Ministry of Justice on 12 January 2010 and agreed upon by the Chairman of the Judicial Chamber of the Supreme Court of Ukraine.
On 18 February 2010, the management of the Department, together with the “Development of Ukraine” Charitable Foundation and O. B. Petryayeva, Chair of the Coordination Council on Combating Tuberculosis and HIV/AIDS of the Regional State Administration, discussed further steps towards creating a pre-trial detention centre ward for individuals taken into custody suffering from an active form of tuberculosis, based at the anti-tuberculosis hospital of Zhdanivska Penal Colony No. 3. Preliminarily, the “Development of Ukraine” Charitable Foundation has agreed to finance the design work for the reconstruction of the premises available for the creation of such a ward.
In addition, on 1 February 2010, the Department Directorate sent a draft joint order to the regional anti-tuberculosis clinical hospital for approval, concerning the confirmation of the Action Plan of the Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region, the Main Directorate of the Ministry of Internal Affairs of Ukraine in the Donetsk Region, and the Health Department of the Donetsk Regional State Administration regarding the restriction of the spread of tuberculosis infection in places of deprivation of liberty and institutions of the Main Directorate of the Ministry of Internal Affairs.
Also, in the third ten-day period of February of the current year, an exploratory mission team from MSF (Médecins Sans Frontières) – an international charitable non-governmental organisation – visited the region, with the aim of selecting a region of Ukraine for its further work. On 2 March 2010, MSF provided the head of the Department for the Execution of Punishments with its report, in which it was stated that: “The preliminary proposal which will be presented to MSF (headquarters in Brussels) will be focused on a project in the Donetsk region. The penitentiary system of this region is the largest in Ukraine and contains the largest number of patients who are in acute need of adequate diagnosis and treatment.”

Proposals for the decision of the meeting of the supervisory commission under the Regional State Administration:
1. Conduct the prompt coordination and adoption of a joint order regarding the approval of the Action Plan of the Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region, the Main Directorate of the Ministry of Internal Affairs of Ukraine in the Donetsk Region, and the Health Department of the Donetsk Regional State Administration regarding the restriction of the spread of tuberculosis infection in places of deprivation of liberty and institutions of the Main Directorate of the Ministry of Internal Affairs.
2. Upon the official consent of the “Development of Ukraine” Charitable Foundation regarding the allocation of funding for the design work for the creation of a pre-trial detention centre ward in Zhdanivska Penal Colony No. 3, the supervisory commission under the Regional State Administration should assist the Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region in meeting with the relevant committees of the Regional Council for the possible submission of the issue of (co-)financing from the regional budget for the creation of a pre-trial detention centre ward for individuals taken into custody suffering from an active form of tuberculosis based at the anti-tuberculosis hospital of Zhdanivska Penal Colony No. 3.

Head of the Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region, Colonel of Internal Service O. I. Chepak