In 2023, 7928 patients with viral hepatitis C were recorded in the health care facilities of the State Criminal Executive Service of Ukraine. This is three times more than in the previous year. This was reported to UNN by Volodymyr Bogatyr, a lawyer, Honored Lawyer of Ukraine, referring to data obtained from the Ministry of Justice.
AIDS down, hepatitis up
"Recently, at our request, the Ministry of Justice, to which the State Penitentiary Service of Ukraine is subordinated, provided provided data on the incidence of human immunodeficiency virus (HIV/AIDS), tuberculosis and viral hepatitis C among convicts
It is noteworthy that there is no information before 2016. They explained their "short memory" by the fact that the health care institution that carries out economic activities in medical practice and ensures the fulfillment of the tasks of the SPS in providing medical services to convicts, persons taken into custody and prisoners of war is the state institution "Health Care Center of the State Criminal Executive Service of Ukraine". This institution was established in accordance with the Cabinet of Ministers' Resolution No. 684-r of September 13, 2017. And it is not a legal successor to the rights or obligations of any organizations," Bogatyr said.
Since 2017, HIV rates (an infectious disease that develops as a result of infection with the human immunodeficiency virus, characterized by progressive dysfunction of the immune, nervous, lymphatic and other systems of the body. The infection is an incurable disease and, in the absence of effective therapy , results in the death of the patient) remain almost unchanged and fluctuate around 3700 people. At the same time, the number of people diagnosed with AIDS (a complex of diseases that develop as a result of the destruction of the immune system by the HIV virus) is gradually decreasing: from 1183 cases in 2019 to 757 in 2023 (i.e., by 36%).
Over seven years of follow-up, the number of patients with tuberculosis (a chronic infectious disease caused by mycobacteria) has decreased. most often, the pathological process is concentrated in the lungs). From 855 cases recorded in 2017 to 456 in 2023. A significant decline in indicators is observed between 2021 and 2022 (by almost a third).
"This can be attributed to a full-scale invasion, loss of control over some territories, and therefore over some penitentiary institutions," the lawyer suggests.
At the same time, according to Bogatyr, in this context, the rates of hepatitis C are controversial (a liver disease caused by the hepatitis C virus, which can cause both acute and chronic infection. Infection with the hepatitis C virus occurs as a result of contact with infected blood during injecting drug use, invasive medical procedures, and transfusions of blood and its components).
"It is well known that drug trafficking in places of detention is one of the most dangerous problems. The Ministry of Justice also informed that no screening for hepatitis C virus was carried out in 2017-2018 due to the lack of rapid tests," he said.
After the start of the full-scale invasion, the number of cases increased more than fivefold: 2021 - 1472 people; 2022 - 2614 people; 2023 - 7928 people. That is, the spread of hepatitis C has tripled in just one reporting year!
"It is anyone's guess what the figures for 2024 will be.
This trend indicates a complete failure of the Ministry of Justice to reform the penitentiary system and a threatening increase in the spread of socially dangerous diseases among convicts and detainees," the lawyer added.
Health guarantees
As a reminder, convicts, like ordinary citizens, have the right to health care to the extent established by the Fundamentals of Ukrainian legislation on health care. However, with the exception of certain restrictions that are also provided for by law.
Health care in places of detention is provided by a system of medical and sanitary and health improvement and preventive measures, as well as a combination of free and paid forms of medical care. In any case, the convicted person is guaranteed the right to freely choose and access a doctor to receive medical care, including at his/her own expense.
According to the Criminal Executive Code, penitentiary authorities and institutions provide treatment to convicts who have a disease that poses a danger to the health of others. And if it is established that a person has contracted such a disease and refuses treatment, compulsory treatment may be applied to him or her through the court.
"For example, persons with tuberculosis are held in separate rooms from other prisoners. Necessary medical and preventive treatment facilities are organized in places of deprivation of liberty, and institutions with the rights of medical treatment are established to treat convicts suffering from an active form of tuberculosis. For the observation and treatment of patients with infectious diseases, infectious isolation units are created in the medical units of the colonies.
The procedure for providing persons deprived of their liberty with medical care, organizing and conducting sanitary supervision is determined by the ministries of justice and health.
The convicted person also has the right to seek consultation and treatment at health care facilities licensed by the Ministry of Health of Ukraine that provide paid medical services and are not under the jurisdiction of the central executive body that implements state policy in the field of execution of criminal sentences. The payment for such services and the purchase of necessary medicines is made by the convict or his/her family and friends at their own expense. Counseling and outpatient treatment in such cases are carried out in the medical units of the colonies at the place of serving the sentence under the supervision of the medical unit staff," the lawyer explained.
In case of necessity of inpatient treatment, the convict has the right to receive medical care and treatment, including paid medical services at personal expense or at the expense of relatives and friends, in the specified healthcare facilities. The basis for the provision of such medical care is a medical report.
"So, the state has defined certain guarantees and a mechanism for their implementation. However, the state of health of people in Ukrainian detention centers has always raised questions," Bogatyr summarized.