Results of the survey of ITT staff in Kyiv. Monitoring of detention conditions in ITTs.

The International Society for Human Rights – Ukrainian Section (ISHR-US), thanks to funding from the US Department of State’s Human Rights and Democracy Support Fund, has completed the project **“Transparency of the process of isolating persons in ITTs and pre-trial detention centres of Ukraine (2006–2007)”**.

Within the framework of the project, monitoring was carried out regarding the state of the implementation of rights and freedoms for persons held in ITTs and pre-trial detention centres in Kyiv, as well as the conditions of their detention in these specialised institutions. During the monitoring, survey forms developed by the non-governmental human rights organisation “Donetsk Memorial” were utilised. Experts from ISHR-US made editorial changes to the content of these forms in accordance with the specific requirements of the project. Presented below are the results of the survey of ITT staff in Kyiv. The survey was carried out during January–February 2007.

Analysis of the results of the survey of ITT staff in Kyiv

The total number of ITT staff surveyed was 75 (67 men and 7 women). By age, the staff are divided into a group of young people under 30 years old (25%) and middle-aged people (from 35 to 50) – 75%. Only one respondent has incomplete secondary education, 31% have complete secondary education, 45% have vocational-technical education, and 23% have specialised secondary or higher education. All respondents belong to the rank-and-file or commanding staff of the penal-executive service. The overwhelming majority are police officers (68%), 6% belong to the senior staff, and the remainder – 26% – are duty inspectors, criminalists, and medical staff. By “rank”, the respondents were divided into four main groups: sergeants (23%), senior sergeants (47%), ensigns (17%), and officers (13%). The total length of service in law enforcement agencies for the majority of respondents (68%) exceeds 9 years; 8% of respondents had 3 years or less of service, 8% had between 3 and 6 years, and 16% had between 6 and 9 years. The majority of respondents (56%) have experience working in security structures exceeding 9 years; 11% have such experience between 3 and 9 years, 25% have up to 3 years of experience in security structures, and 8% have no such experience at all. Eight respondents provided their names, of which six gave consent for their use. The personnel’s attitude towards the survey was contradictory: 29% considered it appropriate, 27% – inappropriate, and 44% were undecided regarding their attitude towards the survey.

The general assessment by respondents of their experience regarding the work performed is satisfactory. 90% of respondents consider their experience sufficient, while the rest evaluate it as high. Incidentally, when indicating the most important conditions for recruitment to their positions, 79% of respondents cited work experience, 22% – length of service, and only 11% pointed to the need for professional education. Thus, ITT staff primarily acquire professional skills in practical activities (82%), 32% noted that they received them in an educational institution, and 6% engage in self-education. Among the vocational-technical educational institutions that ITT staff graduated from, they mention professional training schools for police officers, police academies, and Ministry of Internal Affairs training centres. Among those who have received higher education, there are graduates not only of specialised higher education institutions (such as the Kyiv Institute of Internal Affairs or the National Academy of Internal Affairs of Ukraine) but also ITT staff who are graduates of non-specialised universities, for example, the physics and mathematics faculty of Dragomanov University, the Nizhyn Agrotechnical Institute, Ukraine University, etc. Given that far from all staff have professional training, the issue of ensuring professional development for ITT personnel, specifically by completing retraining courses, is quite urgent. Of those who answered the question about completing retraining—92% of the total number of surveyed—only 4 respondents indicated that they had not completed it at all. The remaining respondents formed two approximately equal groups: 48% completed retraining over three years ago, and 45% – within the last three years. In the opinion of the respondents themselves, the need for professional development is met appropriately. At the very least, only 8% of all surveyed noted that they needed retraining or professional development, another 17% were undecided on this issue, and the rest – 75% – answered that they had no such need.

One of the important elements of professional training for ITT staff is awareness of the legal acts that regulate their activities. Responding to the question “In your professional activity, is there sufficient knowledge of international law and national legislation to allow you to perform your professional duties at a high level?”, the overwhelming majority (93%) noted that they consider their level of knowledge sufficient, 4% assessed it as high, and only two respondents replied that they lacked relevant knowledge. Moreover, in both cases, these are employees with more than 9 years of service. One of them has a non-specialised higher education, and the other a specialised vocational-technical education. Both these respondents spoke critically about the flow of information into the ITT, particularly concerning international human rights standards. It should be noted that, in general, the timely updating of such knowledge is not among the priorities for most employees. 89% of respondents believe that the ITT administration updates their knowledge in this area in a timely manner. Only seven employees noted that information regarding international human rights arrives somewhat late, one noted that they replenish their knowledge regarding international human rights independently, and one other answered that such information does not arrive at all.

Overall, 64% of respondents noted that they refer to the European Convention on Human Rights when performing their work; 45% use the Universal Declaration of Human Rights in their activities; the International Covenant on Civil and Political Rights was mentioned by only four respondents. Among other international acts, the Standard Minimum Rules for the Treatment of Prisoners and the European Prison Rules of 12.02.1982 were named. Characteristically, only the head and the deputy head of the ITT mentioned them.

Evaluating the conditions of detention for persons taken into custody (prisoners) in the ITT against the requirements of international and national legislation, practically all respondents (93%) admitted that such compliance exists. The rest were undecided. The need for improving living conditions for those taken into custody was acknowledged by only 7 staff members (four believe that medical services should be improved, three named information support, and only two staff members admitted that catering requires improvement).

The main domestic regulatory-legal act that the majority of employees refer to is the “Instruction on the work of internal affairs detention centres for the temporary detention of detainees and persons taken into custody”. It is used by 85% of respondents. Slightly fewer than 40% refer to the Law of Ukraine “On Pre-trial Detention” and the Law of Ukraine “On the Militia”. 14% of respondents each indicated that they refer to the Constitution of Ukraine and the Penal-Executive Code.

Although the majority of those surveyed have worked in the Ministry of Internal Affairs (MIA) system for quite a long time, not all confidently associate their future with this job. Only 36% answered that they would not leave their job in the ITT for another job outside the Ministry of Internal Affairs, and approximately the same number (39%) do not wish to change it for another job within the MIA system. The number of those willing to change this job for another is about one-third of the respondents. 34% are willing to change it while remaining in the service of the MIA, and 37% are willing to leave it for work outside the MIA. The rest of the respondents were undecided regarding a possible change of job. Among the reasons that condition the desire to change jobs, the material factor is in first place. 75% of those who want to leave would do so for higher-paid work. 22% are attracted by the possibility of career growth. Among other reasons, respondents named the possibility of obtaining housing.

As we can see, the most painful issue for ITT staff is the level of salary. One-third of respondents (33%) answered that it does not even meet the subsistence minimum for citizens, and another 20% noted that it meets it only partially. Obviously, this refers not to the actual level of salary, which for the majority of respondents is not less than 492 UAH, but rather to the subjective feeling of a lack of funds received to ensure the subsistence minimum. In the opinion of the majority of those surveyed, their salary, based on the position held and the work they actually perform, should be 2000 UAH (44% of respondents), or more than 2000 UAH (37%). Only 15% agree that the salary size should be 1500 UAH, and only three agreed to a salary of 1000 UAH. It should be emphasised that benefits conditional on the job practically do not exist. For example, 4 people indicated that they use free transport in the city; 1 person used a 50% discount on the purchase of housing, and 1 indicated having a 50% discount on housing payments, though it is unknown whether this was linked specifically to their status as law enforcement officers. Regarding the ability to use free medical assistance, the respondents' opinions were divided (43% answered that they use it, 53% that they do not). This is connected with the fact that this opportunity is regarded by some as one enjoyed by all citizens, and by others as a benefit specifically for MIA employees, which they are in fact deprived of.

The overall assessment by respondents of working conditions at their workplace is positive; the number of those satisfied is 74%, 19% are dissatisfied, and the rest were undecided. Only 24% of respondents answered that they were provided with a work uniform. Obviously, this does not refer to the lack of a uniform for those surveyed in general, but to the fact that it is not issued free of charge. At least 53 respondents (70% of the total number) assessed the suitability of the uniform for the season and climate. The overwhelming majority of them (70%) believe that the uniform in which they have to carry out their service does not meet their needs. 45% of respondents have a work office or room. The general condition of furniture and equipment in the service premises of the ITT was deemed good by the majority of respondents (95%), with 21% indicating that they have new furniture. Only 5% of respondents complained about the poor condition of the furniture. The condition of service premises was also assessed positively. 60% of the total number of respondents believe they do not need renovation. Of those who noted that their office or room needed renovation, only 2 respondents specified that it concerned major renovation; the rest (19 people) noted that there was a need for cosmetic repairs.

An important component characterising working conditions in the ITT is the psychological climate, which is determined by the attitude of the administration towards staff and the specifics of the relationships between employees. Overall, 77% of ITT staff believe that the management style in matters concerning persons taken into custody (prisoners) corresponds to their ideas about the principles and practice of administrative work. Only 3% disagree, and the rest were undecided. At the same time, the assessment of the administration’s attitude towards personnel is more critical. 57% evaluate the management’s work style positively, 13% – negatively, and the rest were undecided. Such an assessment is supported by the fact that the majority of those surveyed confirmed that their initiatives concerning the improvement of the institution’s work are implemented by the ITT administration fully (42%) or partially (42%). 16% of respondents denied this. Among the main reasons preventing the realisation of subordinates’ initiatives, the lack of funds was cited first and foremost; three respondents noted that their proposals were rejected by the administration as inappropriate. Encouragement of personnel is carried out in the form of financial assistance, the granting of days off, etc., and is timed to coincide with festive dates (Police Day). The main grounds for it are the conscientious performance of service.

Overall, the majority of respondents (71%) assess the relationships between ITT employees positively. Only two respondents were dissatisfied with them; the rest were hesitant. Among the positive traits inherent in relationships between ITT employees, respondents named humanity (39% of the total number surveyed) and friendliness (33%). Another 12% noted that kindness is felt in these relationships. Among other signs of positive interaction, responsibility was named. Negative traits in personnel relations were noted by only six respondents (4 people named suspiciousness, two named rigid subordination). In accordance with the generally positive assessment of relationships between employees, a generally positive assessment of the level of cooperation between employees is also formed. 55% of the total number of respondents evaluated the actions of ITT staff as coordinated “team” actions; only 4% denied this, and the rest were undecided. The opinions of those surveyed regarding the appropriateness of psychological prevention among ITT personnel were divided: 46% consider it necessary, 54% – unnecessary. Those who consider it inappropriate remark that it is “a waste of time” and that “this training does not benefit the personnel”. Conversely, those who answered positively see the function of psychological prevention as a way to “weed out the unfit”, indicating that it would contribute to “improving the ability to make correct decisions during the performance of official duties” and would serve to “reduce the psychological load” that accompanies “communication with the special contingent”.