The European Court of Human Rights has delivered its first ruling regarding detention conditions in Stryzhavka Correctional Colony No. 81
Despite desperate attempts by the State Department of Ukraine for the Execution of Sentences to whitewash the “professional” and “humane” deeds of the Honoured Lawyer of Ukraine, Colonel of Internal Service Magomed Rasulovych Magomayev, who, moreover, illegally combines the positions of head of the colony and head of the Correctional Colony No. 81 enterprise, the truth about the horrific reality existing in this “model” Ukrainian colony has reached the European Court of Human Rights.
The European Court recently officially released its ruling in the case of “Ukhan v. Ukraine”. To his misfortune, the prisoner Ukhan underwent so-called treatment in the so-called inter-regional prison hospital located at Stryzhavka Correctional Colony No. 81. In his complaint to the European Court, on the basis of which the decision was made that the State of Ukraine had violated Article 3 of the European Convention on Human Rights (cruel and inhuman treatment) towards Mr. Ukhan during his stay in CC No. 81, the prisoner described the conditions in the “hospital” as follows: “It stank constantly, there was a shortage of medicines, expired medications were used, disposable syringes were reused, patients were not given attention, and one had to sign up in a queue to use the toilet.” When Mr. Ukhan, who was recognised as an invalid, stated that due to unbearable back pain he could not go to the canteen to eat, the head of the colony ordered two other prisoners to “drag” Mr. Ukhan to the canteen, which was done. The court ruling notes that the medical staff of the so-called prison hospital considered a man who was a Category II invalid a “malingerer”, and in the medical documentation that the hospital provided to the European Court of Human Rights, it was indicated that certain medications had been prescribed to the patient, but there was no information about whether these medications had actually been administered to him.
The Vinnytsia Human Rights Group regularly receives complaints from prisoners of CC No. 81 and their relatives about degrading treatment, regular torture, and slave labour without fair pay. We also receive regular complaints about the quality of medical care in the so-called “inter-regional prison hospital” at CC No. 81. All our reports for the media have become the subject of inspections by the prosecutor’s office, yet the Vinnytsia Region Prosecutor’s Office lacked the will or professionalism to conduct a fair and effective investigation of our reports. Therefore, now the entire Ukrainian people have to pay for the head of CC No. 81, Mr. Magomayev, and for the Vinnytsia Region Prosecutor’s Office, which is covering for him. Currently, the State of Ukraine will pay Mr. Ukhan six thousand euros for the cruel treatment he suffered while, among other things, in CC No. 81, and in the meantime, several dozen more lawsuits against the State of Ukraine from prisoners who have been through “hell No. 81” are pending.
Despite repressive lawsuits from domestic prison guards, the Vinnytsia Human Rights Group has successfully defended in court its right to speak to society about human rights violations and demand the punishment of those guilty of torture, humiliation, and slave labour of prisoners.
By receiving a criminal sentence of imprisonment from Ukrainian courts, citizens of Ukraine are not sentenced to abuse, humiliation, and being treated like animals, nor are they obliged to serve corrupt prison bosses with sadistic methods of “educating the special contingent”.
The Vinnytsia Human Rights Group calls for the creation of a temporary investigative commission of the Verkhovna Rada of Ukraine to check mass reports of human rights violations and corruption in institutions of the State Criminal-Executive Service.
We call on the Prime Minister of Ukraine and the Ukrainian Parliament Commissioner for Human Rights to appeal to the President of Ukraine with a call to immediately dismiss the Head of the State Department of Ukraine for the Execution of Sentences, V. V. Koshchynets, from his post.
We firmly condemn the fact that the President of Ukraine awarded the honorary title of “Honoured Lawyer of Ukraine” to Magomayev Magomed Rasulovych, Head of CC No. 81, and we demand that the text of the submission by the State Department of Ukraine for the Execution of Sentences regarding awarding this title to M. R. Magomayev be made public.
We call on all current and former prisoners who are or were in CC No. 81 and, especially, in the inter-regional prison hospital at CC No. 81, to seek free legal assistance from the Vinnytsia Human Rights Group.
We will continue to use all legal and non-legal opportunities to obtain information about the true state of human rights compliance in the Ukrainian penitentiary system.
Coordinator of the VHRG
Dmytro Groisman
The text of the decision in the case of “Ukhan v. Ukraine” is available in English on the website of the European Court of Human Rights