Prison Monitoring
1. GENERAL INFORMATION ABOUT THE PROJECT
Since June 2009, the International Society for Human Rights – Ukrainian Section (ISHR-US), with the assistance of the State Department of Ukraine for the Execution of Sentences (the Department), has been implementing the project of the OSCE Project Co-ordinator in Ukraine: “Criminal Executive Service of Ukraine. Problems of creating a system of national preventive mechanisms for the prevention of torture and other cruel, inhuman or degrading treatment or punishment. The role of public monitoring” (hereinafter referred to as the Project – 2009). Methodological support for the Project is provided by the public organisation Euroclub “Law and Protection”.
The Project is aimed at researching the problems of organising a permanently operating system of public monitoring in the institutions of the State Criminal Executive Service of Ukraine as a component of national preventive mechanisms for the prevention of torture and other cruel, inhuman or degrading treatment or punishment.
Within the framework of the Project, visits (monitoring) to institutions designated by the regional departments of the State Department of Ukraine for the Execution of Sentences are provided for.
Project activities cover: Donetsk, Zaporizhzhia, Kyiv, Lviv, and Kharkiv regions.
The Project consists of four parts:
1. Methodological part: preparation of a monitoring programme and instructions (regulations) for monitors – persons who will implement monitoring measures, as well as for the administration of the Department’s institutions.
2. Training part and national conference: conducting a system of training sessions for the methodological preparation of persons who carry out monitoring visits and for representatives of the administration of the Department’s institutions; organisation of a National Conference.
3. Monitoring part: conducting monitoring visits to the Department’s institutions in accordance with the Regulations for the work of monitoring groups.
4. Final part: analysis of monitoring information, preparation of recommendations.
2. MEASURES TAKEN
1. 07 – 09 July 2009 in Feodosia, ARC, the First Project Training was held. The training was dedicated to the presentation of the Project and the discussion of monitoring methodology: Report on the First Project Training – http://hreuc.com/img/projects/current/Report_Training_07-09_July_2009.pdf
2. A simplified form has been developed for recording information obtained during monitoring visits by regional Project coordinators (visitors) to penal institutions: Form for recording information during a monitoring visit – http://hreuc.com/img/projects/current/Monitoring%20form.doc
3. Using the developed form, 22 monitoring visits were conducted in the regions covered by the Project, as well as 3 visits in the Dnipropetrovsk region at the initiative of the SDUES and ISHR-US: List of penal institutions for monitoring visits – http://hreuc.com/img/projects/current/List_gaol.doc
4. On 28 September 2009, the National Conference “Public monitoring of human rights observance in the institutions of the State Criminal Executive Service of Ukraine. Problems and perspectives” was held in Kyiv. The conference participants had the opportunity to hear reports from regional Project coordinators and familiarise themselves with the experience of other states and international institutions in the sphere of human rights observance in penal institutions. During the conference, improvements to the methodology of monitoring visits were also proposed: Report on the National Conference – http://hreuc.com/img/projects/current/Report_National%20conference%2028_09_09_.pdf ).
5. After the first trial visits, the working group decided to improve the “Analytical Report Form” to be filled out by coordinators based on the results of visits to penal institutions (PIs):
Analytical report form –
http://hreuc.com/img/projects/current/Formanalysis%20report.doc;
Explanatory note –
http://hreuc.com/img/projects/current/Explanatory%20note.doc
6. Methodology and information recording forms for surveying convicts have been developed:
Questionnaire for convicts –
http://hreuc.com/img/projects/current/Questionary_pent.doc;
Questionnaire for PI administration – http://hreuc.com/img/projects/current/Questionary_staff_members.doc;
Additional questionnaire – for female convicts –
http://hreuc.com/img/projects/current/Questionary_pent_women.doc
7. Together with a sociological expert, the number of respondents among convicts and PI administration that need to be surveyed to obtain representative results has been calculated: List of penal institutions for monitoring visits – http://hreuc.com/img/projects/current/List_gaol.doc
8. Using the in-depth monitoring technology (analytical study and surveying – see points 5, 6, 7 of this list), 14 monitoring visits were made in the regions covered by the Project. Total number – 22 monitoring visits. Analysis of the results of the PI inspection will be completed and distributed during February 2010.
9. In order to study the circumstances that may cause conflicts between convicts and the institution’s administration and, as a consequence, lead to torture or humiliation of the dignity of convicts, an anonymous survey of 840 convicts and 325 PI administration staff was conducted in five regions of Ukraine covered by project monitoring. Based on the results of the convicts’ survey, the Head of the Department of Social Psychology of the Institute of Sociology of the NAS of Ukraine, Doctor of Sociological Sciences, Olena Zlobina, carried out a quantitative and qualitative analysis of the information obtained: Analysis of the results of the convicts’ survey – http://hreuc.com/img/projects/current/Report%20questionnaire%20prisoner.doc. The analysis of the results of the PI administration survey will be completed and distributed during February 2010.
10. 27 – 29 November 2009, in the urban-type settlement of Vorzel, Kyiv region, the second training for participants of monitoring groups was held, dedicated to the prospects of improving the monitoring of conditions of detention in institutions of the Criminal Executive Service of Ukraine and the results of visits by monitoring groups to penal institutions:
Report on the Second Project Training – http://hreuc.com/img/projects/current/REPORT_Training_Vorzel.pdf
11. A project brochure has been prepared, which includes methodological recommendations regarding the creation of a system of public monitoring of the observance of human and civil rights and freedoms in the system of bodies and institutions of the State Department of Ukraine for the Execution of Sentences; special attention is given to the problem of creating a national preventive mechanism for the prevention of torture in accordance with the Optional Protocol to the UN Convention against Torture (you can find the text of the brochure on the page: http://hreuc.com/ukr/projects/current/add_page_23.html).
3. PROJECT RESULTS
• Systematic monitoring of human rights observance in the institutions of the Criminal Executive Service of Ukraine has been initiated.
A monitoring methodology has been developed and tested for studying the circumstances that may provoke conflict situations between convicts and the administration and, as a consequence, lead to torture or other types of cruel treatment.