Behind Bars and in Pain: The Struggle for Adequate Health Care in Prison

M.Đ., serving a prison sentence at the Correctional Facility in Niš, suffered from a chronic ear infection for an extended period, enduring severe pain. In 2016, the Healthcare Service determined that surgery was necessary, but it wasn’t performed until June 2018, when M.Đ. contacted our organization. The Healthcare Service attempted to schedule the surgery at the Clinical Center in Niš multiple times in 2017 and 2018. Unfortunately, it was postponed twice due to equipment malfunctions and later because of scheduling procedures at the Center.

The Law on the Execution of Criminal Sanctions states that inmates requiring appropriate healthcare must be referred to a Special Prison Hospital or another institution. This indicates the facility’s obligation to ensure M.Đ. received the necessary surgery.

Despite submitting several requests to the facility’s director for surgery authorization, M.Đ. received no response. In late 2017, he also contacted the execution judge, claiming his right to life and physical integrity was threatened. Still, this request was denied, directing him back to the Healthcare Service, which only referred him to the Clinical Center.

After exhausting legal remedies, M.Đ. reached out to YUCOM for assistance. On July 10, 2018, our organization submitted a complaint to the Ombudsman regarding the Niš Correctional Facility, prompting a review of its operations.

The facility reported to the Ombudsman that the Healthcare Service had attempted to facilitate M.Đ.’s treatment at the Clinical Center, but collaboration was lacking. The Ombudsman noted that the report lacked specific details about actions taken since 2017, leading to requests for further clarification.

Finally, the facility informed the Ombudsman that M.Đ. would be transferred to the Clinical Center for surgery in October 2018, which was completed.