The Helsinki Foundation for Human Rights (HFHR) is filing a complaint in the case of Wilhelmus S., who is imprisoned in Poland and a citizen of the Netherlands. He is suffering from cancer at a serious stage but has not been provided yet with adequate medical care. HFHR argues that this is a violation of Polish and international law and that Wilhelmus S. has the right to receive sufficient medical treatment. (03-SEP-08)
On 12 June 2008 it was diagnosed, that Wilhelmus S. can be treated within arrest facilities and if treated it is possible that the disease does not pose a serious threat to his life. Depending on this analysis and on his own initiative he was supposed to be transferred to a proper facility. However, its authorities turned down the request arguing that the treatment cannot be provided there and he should be taken care of in another health care centre with specialists. After this, there have not been any further attempts to provide Wilhelmus S. with proper medical care. Only on the 31 July 2008 he was examined by a specialist and the results of the examination showed that it was absolutely necessary that the patient underwent further examinations and treatment started.
After Wilhelmus S. contacted HFHR for legal support, a letter was sent by HFHR to the prison authorities urging them to provide Wilhelmus S. with medical treatment either within prison facilities or through public health care.
HFHR based this complaint on Polish law as well as on the European Convention on Human Rights. In the Polish Criminal Enforcement Code it is stated, that a prisoner, whose life or health is in danger has to have access to specialists and proper treatment. If the prisoner cannot receive proper treatment in prison he should be allowed to be treated in other medical facilities. HFHR further argues that the case of Wilhelmus S. violates standards set in the Polish constitution.
Art 30 states, that human dignity is inviolable and to protect it, is the duty of state power, Art. 38 ensures every human being the protection of his/her life and Art. 68 stipulates everyone’s right to protection of health. The Polish constitution also forbids torture or any kind of degrading or inhuman treatment.
Not to provide a prisoner with proper medical treatment also may infringe upon the “UN convention against torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”. Furthermore Art. 3 of the “European Convention for the Protection of Human Rights and Fundamental Freedoms” also stipulates that no one can be exposed to torture, inhuman or degrading treatment or punishment. The jurisdiction of the European Court of Human Rights clarifies the content of this article and makes it clear that the lack of adequate medical treatment for people under arrest is considered degrading treatment.
In the opinion of HFHR insufficient medial treatment is one of the major problems in Polish prisons. Every month HFHR receives about 800-1000 letters from victims of human rights violations, about one third of these deal with the issue of medical treatment within prison.
