ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 29, 2011 No. 745

About approval of the Procedure for medical examination of the convicts to imprisonment having serious illness and their representations to release from further serving sentence

According to article 91 of the Criminal code of the Kyrgyz Republic, Article 160 of the Penitentiary code of the Kyrgyz Republic, and also for the purpose of streamlining of process of representation of the convicts having serious illness to release from further serving sentence the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Procedure for medical examination of the convicts to imprisonment having serious illness and their representations to release from further serving sentence.

2. To the Ministry of Health of the Kyrgyz Republic and Public service of execution of punishments under the Government of the Kyrgyz Republic to bring the decisions into accord with this Resolution.

3. To impose control of execution of this Resolution on department of safety, law and order and defense capability of Government office of the Kyrgyz Republic.

4. This Resolution becomes effective from the date of official publication.

Approved by the Order of the Government of the Kyrgyz Republic of November 29, 2011, No. 745

Procedure for medical examination of the convicts to imprisonment having serious illness and their representations to release from further serving sentence

1. The convicts who got sick during serving sentence in places of detention and also the diseased before condemnation are subject to medical examination if in case of serving sentence at them, as a result of progressing, the disease acquired the nature specified in the List of the diseases which are the basis for representation of convicts to release from serving sentence (further - the List) (appendix 1 to the Procedure for medical examination of the convicts to imprisonment having serious illness and their representations to release from further serving sentence (further - the Procedure).

2. For performing medical examination of convicts the following medical commissions which structures affirm state body of criminal executive system of the Kyrgyz Republic (further - penal correction system) are created:

- ad medical labor commissions of experts (further - SVTEK) under organizations No. 31, 47 penal correction systems which part heads and doctors of hospitals under the above-stated organizations are;

- the ad medical hoc commission (further - SVK) under penal correction system organization No. 10 which part the head and the doctor of medical and sanitary part of this organization, the doctor of civil medical institution - the specialist in detection of pathology are;

- SVK under penal correction system organization No. 25 which part the head and the doctor of medical and sanitary part of this organization, the doctor of civil medical institution - the specialist in detection of pathology are;

- the special medical commission (further - SMK) the penal correction system state body which part the staff of health service of the penal correction system state body and the representative of authorized state body in the sphere, health cares are performs medical examination of the condemned patients who are in the penal correction systems organizations having the serious illnesses interfering serving sentence in the central hospital under organization No. 47, in specialized medical institution No. 31, and also in penal correction system organization No. 2;

- the paragraph of the sixth of Item 2 ceased to be valid according to the Law of the Kyrgyz Republic of 23.11.2016 No. 615

- the paragraph of the seventh of Item 2 ceased to be valid according to the Law of the Kyrgyz Republic of 23.11.2016 No. 615

3. Members of structure of the commissions affirm relevant decisions of the penal correction system state body.

4. The attending physician of the convicts having serious illness establishes the diagnosis of disease, keeps the clinical record and conducts the corresponding course of treatment. In case of inefficiency of the appointed course of treatment or deterioration in the state of health of the convict, within one day submits necessary medical documents for consideration of SVTEK/SVK in the place of departure of punishment of the convict.

5. With SVTEK/SVK, if necessary, involving the corresponding experts of civil health care, establishes the final clinical diagnosis to the convict.

In case of detection of the diseases specified in appendix 1 to this Procedure within two days represents the materials specified in appendix 4 to this Procedure for consideration of SMK.

6. Accounting of the convicts submitted for consideration to SMK is performed by health service of the penal correction system state body in register of the convicts provided to release from serving sentence due to illness (appendix 2 to this Procedure).

7. SMK within five days performs medical examination of convicts. In case of confirmation of the diseases provided in appendix 1 to this Procedure represents the conclusion to the organization which sent the convict (appendix 3 to this Procedure).

8. Chiefs of penal correction systems organizations, after receipt of the conclusions of SMK within three days, in accordance with the established procedure take to court the following materials:

- conclusion of SMK;

- personal record of the convict;

- clinical record of the convict.

9. Convicts concerning whom by functional audit check it is determined that their disease was caused by intentional causing to itself harm or voluntary refusal of treatment in term of imprisonment to release from serving sentence due to illness are not represented, except as specified, when at the time of causing to itself harm person was in condition of the sharp mental disturbance confirmed with specialists doctors.

10. Supervision of legality of representation of convicts to release from serving sentence is due to illness exercised according to the legislation of the Kyrgyz Republic.

11. The advisory help of narrow specialists and the help in carrying out inspection of the convicts patients submitted for consideration to SMK, bodies of civil health care it is performed on free basis, based on the letter request from the chief of penal correction system organization. In case of consultation and inspection of convicts with mentality pathology by specialists of bodies of civil health care without fail fill in the conclusion of psychiatric survey of the convict.

12. And for making the doubtful conclusion members of SVTEK/SVK/SMK bear responsibility according to the legislation of the Kyrgyz Republic for inadequate survey of convicts.

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