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Recommendation 2082 (2015)
The fate of critically ill detainees in Europe
1. The Parliamentary Assembly, referring
to its Resolution 2082
(2015) on the fate of critically ill detainees in Europe,
stresses the paramount importance of guaranteeing access to adequate
health care to persons deprived of their liberty, the absence of
which may result in violations of Articles 2 (right to life) and
3 (prohibition of inhuman or degrading treatment) of the European
Convention on Human Rights (ETS No. 5).
2. The Assembly recalls the established international standards
in this field, and in particular the International Covenant on Economic,
Social and Cultural Rights, the revised European Social Charter (ETS No.
163), the United Nations Basic Principles for the Treatment of Prisoners
and Standard Minimum Rules for the Treatment of Prisoners, Committee
of Ministers Recommendation No. R (98) 7 concerning the ethical
and organisational aspects of health care in prison and Recommendation
Rec(2006)2 on the European Prison Rules, in addition to the guidelines
prepared by the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT).
3. Reiterating its conviction that nobody should die in prison,
the Assembly underscores the need for member States to provide for
possible compassionate (temporary or permanent) release from detention
on medical grounds. It invites the Committee of Ministers to:
3.1. encourage member States to systematically
collect and share statistics on:
3.1.1. the percentage
of requests for compassionate release granted and refused in respect of
terminally ill detainees, detainees suffering from a severe illness
requiring treatment outside the place of detention and detainees
of advanced age;
3.1.2. the illnesses of those released from detention for medical
reasons;
3.1.3. the remaining length of sentence of those found eligible
for compassionate release, the type of offences for which they had
been found guilty and the time served prior to release;
3.1.4. the average length of the review process;
3.1.5. the number of persons who died pending the examination
of their petition for compassionate release;
3.2. undertake a comprehensive study on the legislation and
practice in all member States relating to the compassionate (temporary
and indefinite) release of prisoners and other categories of persons
in detention, with a view to identifying best practices and adopting
guidelines for the compassionate release of critically ill and elderly
detainees.