Non-Governmental Organisations and the Penal System
The number of non-governmental organisations working within the penal system sector is increasing every year. Some of these organisations are partners and are well-acquainted with each other’s achievements. However, they are not always aware of other NGOs that are addressing similar issues.
In 2011, the Donetsk Memorial conducted a series of events aimed at fostering relationships between such NGOs. These events were held as part of projects supported by the UNDP Development Programme and the Embassy of the Netherlands in Ukraine. Representatives of the NGOs had the opportunity to get to know one another better, discuss shared problems, and engage in debate. Yet, all were unanimous in the belief that the experience of each organisation is important, useful, interesting, and often unique.
For the past couple of years, the Donetsk Memorial has been attempting to accumulate this diversity by including a relevant section in the annual report, ‘Observance of Prisoners’ Rights in Ukraine’.
Thanks to the implementation of the project ‘Dissemination of Successful Human Rights Practices’, supported by the UNDP, this was achieved on a much larger scale this year. As part of this initiative, an overview of NGO activities within the penal system sector was prepared. This overview presents the work of over 20 NGOs. Without waiting for the publication of the full report, we are presenting this segment as an independent study.
Oleksandr Bukalov
In 2011, members of the charitable organisation ‘Chernihiv Women’s Human Rights Centre’ conducted personal consultations for convicts in correctional facilities of the Chernihiv region, reviewed their appeals, made decisions regarding them, and provided legal assistance and consultations. A total of 297 convicts were received, who submitted various requests: to locate relatives, provide assistance in obtaining a passport, registering citizenship or inheritance, assist in preparing lawsuits to courts or complaints to relevant authorities, and more. Lawyers from government and local self-government bodies, the Main Directorate of Justice in the Chernihiv region, as well as lawyers from public and charitable organisations, took an active part in these receptions.
The organisation regularly conducts ‘legal knowledge months’ at the Chernihiv Correctional Colony No. 44. Convicts are informed, in particular, about the conditions and procedures for applying for state social assistance for persons who have been released from places of detention and have reached retirement age but lack the required insurance period.
On 26 June 2011, a ‘Brain-ring’ quiz titled ‘15 Years of the Constitution of Ukraine’ was prepared and conducted at this colony. Three teams of convicted women participated in the final part of the intellectual game.
In 2011, members of the organisation conducted 10 training sessions for convicted women, with 20 participants per session, covering a total of 200 people.
Four training sessions were prepared and conducted for juveniles held in the Chernihiv Pre-trial Detention Centre (SIZO), and two training sessions were held for NGO representatives. Two training sessions were conducted for juveniles who had committed crimes and are under the supervision of the Chernihiv Criminal-Executive Inspection. The number of participants in each training session ranged from 15 to 25 people.
On 7 September 2011, a round table was held to mark the 20th anniversary of Ukraine’s ratification of the UN Convention on the Rights of the Child.
Eight seminars were conducted for members of district and municipal supervisory commissions of the Chernihiv region on the topics of ‘International and national legislation of Ukraine on the participation of civil society institutions in organising public control over the observance of the rights and legitimate interests of persons serving sentences and those released’ and ‘Interaction of supervisory commissions with government and local self-government bodies to prevent torture and ill-treatment in places of detention’.
On 8–9 September 2011, an international seminar was organised and held at the Volodymyr Stashys Institute of Law of the Classical Private University in Zaporizhzhia on the topic of ‘Human rights protection and the creation of preventive mechanisms against torture and other cruel, inhuman or degrading treatment or punishment in Ukraine’.
In 2011, the organisation prepared and sent 112 inquiries:
to the Ministry of Justice of Ukraine – 4;
to the prosecutor’s office and the court – 18;
to law enforcement agencies, the State Department for the Execution of Criminal Punishments, and correctional facilities – 48;
to government and local self-government bodies – 16;
to other organisations – 26.
In 2011, they prepared and published a guide for convicts and released persons titled ‘Know Your Rights’, which helps them better understand their rights and obligations; it contains the main normative-legal acts regulating the rights and duties of convicts, a list of documents required for applying for and obtaining a passport after release from correctional facilities, and the addresses of centres, organisations, and institutions where they can seek assistance upon release.
Information about the organisation’s activities was covered on the website www.cwcr.org.ua and the ‘Prison Portal’.
Three members of the organisation are members of the supervisory commission of the executive committee of the Chernihiv City Council, including one deputy chair. Two members of the organisation are members of the Chernihiv Regional Supervisory Commission, including one deputy chair. A member of the organisation, Valentyna Andriivna Badyra, became a member of the Commission on Torture Prevention under the President of Ukraine.
In 2011, the Kyiv District of Simferopol public organisation ‘Aibolit’ provided legal assistance to:
- individuals serving sentences in places of detention – convicts of the Simferopol Correctional Colony No. 102 (via applications, written and oral) – 15 people;
- individuals who have served sentences in places of detention, and their relatives – oral consultations, by phone – 15 in total; legal representation in court – two people; assistance in drafting procedural documents – three people.
Within the framework of the project ‘Public monitoring as a tool for improvement and a new standard for implementing social policy regarding persons released from places of detention’, a seminar titled ‘The State for Former Prisoners’ was held on 16 March 2011 for representatives of state authorities who provide services to released persons in accordance with the Law of Ukraine ‘On Social Adaptation of Persons Who Have Served a Sentence of Restriction or Deprivation of Liberty for a Fixed Term’. The purpose of the seminar was to foster a tolerant attitude among officials towards prisoners and those who have been released from places of detention.
On 8 April 2011, a seminar titled ‘The State Guarantees’ was held at the Simferopol CC-102 for convicts preparing for release. The main questions raised by the convicts to the officials concerned the work of supervisory commissions, the restoration of documents (passports) inside the facility and after release, medical treatment (mostly for tuberculosis) and obtaining disability status, and the receipt of benefits and financial aid after release.
On 5 October 2011, a round table was held on the topic of ‘Uniting the efforts of state and public organisations in solving the problem of recidivism among juveniles’.
Within the project, 15 information inquiries were sent to state structures, but some responses did not correspond to the essence of the questions asked and were sometimes merely formal, which necessitated additional inquiries.
According to the response from the Executive Committee of the Simferopol City Council of the Autonomous Republic of Crimea, 101 people released from places of detention applied to the municipal institution ‘Night Stay House’ (now the ‘Centre for Registration and Social Protection of Homeless Citizens’) in 2010, and they received assistance. In the current year, one-time material assistance was provided from the city budget to six citizens of this category, totalling 1,200 UAH.
Judging by the official responses of the state bodies of Simferopol, the Law on Social Adaptation of Released Persons is working. However, the social order for providing social assistance to released persons in 2009–2010 was not executed by any public organisation. Local self-government bodies of Simferopol lack experience in providing social orders to public organisations that help persons who have served sentences. And although the Law of Ukraine ‘On Social Adaptation...’ provides for the participation of public organisations in the social adaptation of released persons, there is currently no approved mechanism at the local level for a public organisation to receive such a social order, nor are there funds to execute one.
As a result of the project, public monitoring of the activities of Simferopol executive authorities in the sphere of implementing social policy for the adaptation of persons released from places of detention was conducted in Crimea – a new democratic standard of ‘transparency and accountability’ for government bodies.
The Republican Passport Office (OGIRFL) issued an order for Simferopol passport offices to issue passports to released persons free of charge.
An appeal was sent to the Ministry of Justice, the General Prosecutor’s Office, and the State Penitentiary Service of Ukraine regarding the failure to process disability pensions for persons who became disabled during their imprisonment.
As a result of the ‘Let’s Dance!’ project, a new model of resocialisation of convicts using dance, body, and art therapy was piloted. Two completely different categories of convicts were involved in this work:
1. Those serving sentences in the Simferopol Correctional Colony No. 102 – recidivists with two or more convictions.
2. Young people aged 14 to 21 who received non-custodial sentences.
The proposed model of resocialisation is essentially a programme for the prevention of recidivism and is innovative in nature. For ‘troubled’ youth, an alternative path of self-realisation was proposed and demonstrated. In the course of training and performance demonstrations, positive changes occurred in the emotional background, character, and behaviour of the project participants, both among the convicts of the SCC-102 and the youth serving non-custodial sentences.
The ‘Let’s Dance!’ project was widely covered in the media. The population of the Autonomous Republic of Crimea learned about the ‘Let’s Dance!’ project through the media and the Internet, thereby drawing the attention of the general public to the problems of people in difficult life situations. Thus, a tolerant attitude of society towards people serving sentences in places of detention is being formed.
From 3 to 8 March 2011, the NGO ‘Aibolit’ held the ‘With Love – to Mom’ campaign in the Simferopol SIZO. The goal of the campaign was: - to develop in the juveniles held in the Simferopol SIZO a sense of gratitude towards their family and care for their neighbour; - to provide teenagers with the opportunity, on the eve of International Women’s Day on 8 March, to make a gift with their own hands for a loved one (mom, grandmother, orphanage educator, boarding school teacher...) and to pass on greetings with a message of love to those on the outside. On 21 April 2011, the organisation held a festive Easter event for these children.
The organisation conducted another campaign in the SIZO on 1 June, World Children’s Day. The juveniles held in the SIZO – a total of 32 people – received gifts and words of guidance from adults.
On the eve of the Christmas and New Year holidays, from 12 December 2011 to 7 January 2012, the ‘Aibolit’ organisation, in partnership with the Department of the State Penitentiary Service of Ukraine in the AR Crimea, the Public Council under the SPSU in the AR Crimea, and the Simferopol City Centre of Social Services for Family, Children and Youth, conducted a charity campaign called ‘A Gift from Kind Hands’.
They organised the collection of New Year and Christmas gifts for children whose parents are in places of detention; for prisoners of the Simferopol pre-trial detention centre (teenagers, women); and for convicts of the Simferopol CC-102.
On 29 December 2011, a Christmas meeting was held with teenagers at the Simferopol SIZO. Each of the 20 teenagers described their dreams and plans for the future; consolidated lessons learned from the past; and lit candles as a symbol of God’s light that changes human lives. At the end of the meeting, each teenager received a gift.
On 29 December 2011, gifts consisting of hygiene products were delivered to the women held in the SIZO.
The organisation released a brochure titled ‘Ukrainian Experience of Resocialisation of Convicts via Sports Choreography’ and a ‘GUIDE FOR THE RELEASED’ (A practical manual for persons who have served a sentence in places of detention or are preparing for release). The brochures are distributed among the convicts of SCC-102.
A video about the ‘Let’s Dance!’ project and a video clip based on the project featuring the song ‘Time of Changes’ by V. Tsoi were produced. The video and the clip are posted on the Internet: http://www.youtube.com/user/TheFamilier#p/u. The manual and the video were distributed as experience among the correctional colonies of Ukraine.
The organisation’s activities in 2011 were covered in the republican press. There were seven publications in Crimean editions – ‘Crimean Telegraph’, ‘Crimean News’, ‘From the Scene’, ‘Crimean Time’. There was also a publication about dance rehabilitation in the newspaper ‘Law and Duty’ (‘Zakon i obov’iazok’).
Ten reports featuring representatives of the NGO ‘Aibolit’ were broadcast on TV. Six reports were broadcast on republican radio (the ‘Radio Advocate’ programme, news).
The head of the NGO ‘Aibolit’, E. A. Filipyeva, was re-elected in November 2011 to the position of chair (previously she was the deputy) of the Public Council under the Department of the State Penitentiary Service of Ukraine in the AR Crimea.
She is also a member of the Crimean Republican and Simferopol City supervisory commissions.
The public organisation ‘Territory of Success’ provided more than 289 consultations throughout 2011.
Mobile consultations were conducted in 4 correctional facilities located in the Kirovohrad region. 32 field trips were carried out, during which 137 consultations were provided. Consultations were provided by professional lawyers and senior students of law faculties. The topics of the consultations mainly concerned issues of social adaptation upon release: registration, obtaining a passport, restoration/obtaining disability status, pension registration, procedures for obtaining powers of attorney for representation, employment opportunities, housing issues, restoration of property rights, and inheritance issues. No representatives of the staff of the correctional facilities were present.
In addition, face-to-face consultations were provided. Over the year, the lawyer of the public reception office provided 152 consultations. Clients of the public reception included: persons belonging to socially vulnerable groups, persons released from places of detention, and persons whose relatives or loved ones are in places of detention. The topics of the consultations were: representation of interests in government bodies, assistance in writing appeals, applications, inquiries, and lawsuits.
Throughout 2011, the organisation’s lawyer located 88 passports of persons who are/were in places of detention and had lost them at some procedural stage.
During 2011, 5 training sessions and 32 seminars were held. Training sessions were conducted:
for staff of correctional facilities,
for volunteers – senior students of law and social work faculties of Kirovohrad universities. The topic of the training: work in places of detention, social adaptation of persons being released from places of detention.
Seminars were conducted for persons currently in places of detention. In each of the 4 correctional facilities, 8 seminars were conducted. Topics of the events: opportunities for social adaptation upon release, and possibilities for obtaining legal aid.
During 2011, 58 inquiries were sent. The majority were to units of the Ministry of Internal Affairs and the courts of Ukraine. With the aim of searching for passports lost at a certain procedural stage, 26 inquiries were sent regarding the identification of prisoners’ passports and the inclusion of documents in their personal files.
19 responses were received to the inquiries. An inquiry was sent to the Department of the Ministry of Internal Affairs of Ukraine in the Kirovohrad region to clarify the whereabouts of the passports of 35 persons in correctional facilities. A detailed response was provided. For 9 persons, information was provided indicating the whereabouts of their passports, and the procedure for obtaining them was explained. For 23 persons (as noted in the response), passports were not seized due to their absence. Criminal cases against three persons were not being conducted by investigative units of the UMIA of Ukraine in the Kirovohrad region, and their documents were not seized.
A striking example of an interest in obtaining a quality result in searching for documents is the Saky City District Court of the Autonomous Republic of Crimea. Upon receiving an inquiry, the court contacted the information requester by phone and sent additional inquiries to clarify the data of the specific person whose passport was being sought. In the final response, the Saky City District Court reported that the criminal case had not reached the court because, at the time of consideration, it was under the jurisdiction of the Court of Appeal of the AR Crimea.
But not all state institutions were willing to provide information. For instance, having received an information inquiry, the head of the Department of Internal Affairs of the Chernivtsi region called the head of the public organisation and, in a brutal manner, questioned why the public organisation was sending information inquiries. Nevertheless, a response was provided by letter, but it turned out that no criminal case against the person had been initiated by the departments of the administration.
Regarding questions concerning the responsibility of officials for the loss of passports of arrested/detained persons, the Ministry of Internal Affairs provided an extensive answer about the rules for the storage of material evidence.
Overall, it should be noted that many responses to information inquiries were formal. The level of adherence by government bodies to the requirements of the Law of Ukraine ‘On Information’ and ‘On Access to Public Information’ can be assessed as low. We had to send repeated inquiries and appeal actions to higher bodies.
Appeals were sent to the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, and the Minister of Internal Affairs regarding amendments to the existing procedure for passport processing and storage.
The NGO ‘Territory of Success’ is a co-organiser in the Kirovohrad region of the regional stage of the international documentary human rights film festival ‘Docudays.ua’.
In 2011, the charity campaign ‘Let’s Help the Homeless Survive the Winter’ was organised. During the campaign, 348 kg of warm clothing, 58 kg of food, and 2,500 UAH were collected.
The organisation published:
The guide ‘Who? What? Where? When?’, with a circulation of 500 copies. Distribution circle: correctional facilities, social services, and public and charitable organisations. The guide contains addresses of employment centres, social services, medical institutions, and supervisory commissions of the Kirovohrad region, as well as a list of documents that must be submitted to receive certain services from the state.
A flyer for the homeless: addresses of places where one can eat, receive clothing, and receive medical assistance. Circulation of 500 copies.
During 2011, research titled ‘What rights does a person without a passport have?’ was conducted.
It was clarified that a person who does not possess a passport ceases to exist for the state: they cannot receive any service—medical, educational, administrative, or social.
Receiving each type of service is strictly tied to the person’s place of registered residence.
The procedures for obtaining a passport and registering a place of residence can be separated in time by legislation, but as practice has shown, these procedures are closely linked.
40% of persons in places of detention lose their passports. Passports are lost at one of the procedural stages. There is no personal responsibility for the transfer of passports during procedural actions or the escorting of prisoners. http://www.watchdog-kr.org.ua/our-publications.html
Analytical report ‘What rights does a person without a passport have?’. Circulation – 200 copies. Distributed among representatives of NGOs, government bodies, and journalists. http://www.watchdog-kr.org.ua/our-publications.html
The public organisation ‘Territory of Success’ held an interregional conference: ‘What rights does a person without a passport have?’. During the conference, the issues clarified during the research were discussed.
The NGO ‘Territory of Success’ systematically covers its activities in the media, both regional and nationwide. Press conferences are held, and materials are posted on information websites and on their own website. http://www.watchdog-kr.org.ua/
Having conducted research on the possibility of obtaining a passport without a stamp of residence registration and obtaining services from the state, the NGO ‘Territory of Success’ sent its recommendations to government bodies. Amendments have now been made to the Resolution of the Cabinet of Ministers ‘On Approval of the Procedure for Registration, Re-registration, and Record-keeping of Citizens Seeking Work’ (dated 14 February 2007, No. 219).
A representative of the NGO ‘Territory of Success’, Inga Dudnik, is a member of the Kirovohrad City Supervisory Commission and the Kirovohrad Regional Supervisory Commission.
The City Supervisory Commission systematically considers at its meetings the issue of changing the conditions of detention for convicts in places of deprivation of liberty. Other issues are discussed but not resolved.
The all-Ukrainian public organisation ‘Bogdan Khmelnytsky Union’ (OBH) provides legal assistance to members of the organisation – people whose rights are violated during court hearings, victims of illegal actions by the police, employers, and government officials. Free consultations within the framework of the Public Reception (every Tuesday and Thursday at the OBH office in Kyiv) were received by 21 people in 2011; 31 people utilised assistance in the form of human rights activists being present at court hearings. Such groups document facts of violations of procedural norms during court hearings and prepare complaints to state institutions. Legal assistance to members of the organisation in the regions of Ukraine – from May to December 2011 – was received by 112 people (consultations, inquiries to state institutions, presence at court hearings, assistance in organising and holding protest actions).
The organisation provides young people with the opportunity to gain theoretical and practical experience in various branches of law and implements educational human rights programmes on an ongoing basis. Every Friday, seminars for lawyers and human rights activists are held at the OBH office. They are conducted by experienced human rights activists of the organisation, lawyers, advocates known in Ukraine (Oleksandr Plakhotniuk, Tetyana Montian, and others), and specialists in various branches of law (assistants to people’s deputies, specialists of the High Qualification Commission of Judges, etc.).
In 2011, 48 seminars and training sessions, and 24 congresses, conferences, and lectures on legal issues were conducted in the regions of Ukraine. Educational programmes reached about 350 people.
The OBH sent 614 inquiries to state bodies: to the President of Ukraine – 16, to the General Prosecutor’s Office – 10, to the Verkhovna Rada and individual deputies – 465, to the Department of the Penitentiary Service of Ukraine – 16, to the HQCJ – 37, to the Ministry of Internal Affairs – 10, to prison wardens – 14, to regional authorities and prosecutor’s offices – 24, and to courts – 22. The topic was the violation of the rights and freedoms of the organisation’s members.
186 various open letters and appeals were sent regarding issues of the violation of prisoners’ rights and protests against the inaction of supervisory authorities to the President of Ukraine, the General Prosecutor’s Office, the Verkhovna Rada, the Department of the Penitentiary Service of Ukraine, the HQCJ, the Ministry of Internal Affairs, and regional authorities.
Nearly 30,000 packages of medicine were distributed to churches, orphanages, hospitals for drug addicts, and detention facilities.
The ‘Bogdan Khmelnytsky Union’ prepares leaflets for human rights activists titled ‘How to behave in court’, provides templates for filing complaints and appeals, and during protest actions, leaflets and texts with excerpts of laws and norms of the Constitution are distributed to journalists and passers-by. The organisation conducts constant monitoring of human rights violations in the penitentiary institutions of Ukraine and news from the prisons of Ukraine.
Human rights activists of the public organisation participate in public discussions of socially significant issues regarding the observance of human rights and legislative innovations in the field of law.
Throughout 2011, various media outlets published about 70 materials involving Bogdan Khmelnytsky (reports, documentary projects and talk shows on TV, live radio broadcasts, information materials, articles and comments on legal issues, facts of rights violations of organisation members, as well as video and photo reports on the organisation’s protest actions).
The OBH prepared and submitted to deputies its proposals for improving criminal legislation (proposals for the draft of the new Criminal Procedure Code).
Bogdan Khmelnytsky is the deputy chair of the Commission on the Activities of Law Enforcement and Judicial Bodies of the Public Council under the Ministry of Justice of Ukraine, and curator of the legal block of the Public Council under the Presidential Commissioner for Children’s Rights. At the end of the year, he received gratitude for the organisation’s active position from Yuriy Pavlenko. The OBH received positive reviews and proposals for cooperation from the High Qualification Commission of Judges of Ukraine regarding the effective and prompt detection of facts of violations of human rights during court hearings.
The Torez organisation of the Donetsk Regional League of Business and Professional Women provided assistance throughout 2011 to the following categories of people:
- 353 persons sentenced to deprivation of liberty, serving sentences in Torez Correctional Colony No. 28 (social-psychological support office);
- 54 persons sentenced to restriction of liberty, serving sentences in the Kyseliv Correctional Centre No. 125 (social-psychological support office);
- 15 persons who were released from places of detention and their family members (Torez City Centre of Social Services for Family, Children, and Youth, psychological relief office);
The organisation conducted:
- 25 training sessions of the ‘Overcoming the social-psychological deprivation of convicts in conditions of deprivation of liberty’ course for 75 convicts;
- 7 training sessions of the ‘Developing confident behaviour’ course for 85 convicts;
- 4 training sessions on ‘Prevention of professional burnout’ for 20 staff members of the Torez Correctional Colony;
- 12 group discussions on promoting a healthy lifestyle for 120 convicts;
- group consultations regarding adaptation in the institution and preparation for release during field trips of the ‘mobile group’ to the Torez Correctional Colony No. 28 and the Kyseliv Correctional Centre No. 125 (65 convicts sentenced to deprivation of liberty, 25 sentenced to restriction of liberty).
Throughout 2011, the organisation implemented in its work with convicts serving sentences in the Torez Correctional Colony No. 28 an adapted training course: ‘Overcoming the social-psychological deprivation of convicts in conditions of deprivation of liberty’.
This training programme is aimed at the rehabilitation of convicts and consists of five training sessions. Each session has a specific goal and is an element of the comprehensive programme for the social adaptation of convicts.
Throughout the year, representatives of the organisation conducted 20 sessions of this training programme. Furthermore, they provided individual consultations of a socio-pedagogical and psychological nature regarding adaptation in the institution and preparation for release, held discussions on resolving intra-personal problems associated with mental processes (prevention of suicidal manifestations and intentions, prevention of depressive states, fears, etc.), provided information assistance in resolving certain socio-economic issues after release (procedure for obtaining a passport, registration, mechanism for registering for housing, visiting the employment centre, etc.), and facilitated the convicts’ awareness of their rights and the mechanisms for protecting those rights, etc.
Booklets and flyers were developed by the members of the organisation, but due to a lack of funding, these social-oriented materials were not produced.
Members of the organisation participated in the following events:
* ‘Legal assistance to prisoners - achievements and problems’ – organiser ‘Donetsk Memorial’
* ‘Discussion of formats for providing information about the work of organisations’ – organiser ‘Donetsk Memorial’
A representative of the organisation, Lyudmila Volodymyrivna Babushkina, is a member of the supervisory commission in Torez.
Result: the ability to communicate with convicts and, when necessary, assist in resolving problematic issues.
The youth public organisation ‘Source of Revival’ (‘Istochink vozrozhdeniya’), Torez, aimed in 2011 to improve the mechanisms for providing social assistance to persons sentenced to non-custodial penalties, through the interaction of the criminal-executive inspection with state institutions and non-governmental organisations, and the use of innovative methods and techniques in working with this category of convicts.
To this end, representatives of the organisation conducted weekly individual and group consultations of a psychological, socio-pedagogical, informational, and legal nature at the criminal-executive inspection.
During the current year, representatives of the organisation provided more than 1,500 individual consultations to 8 juveniles and 180 persons released from punishment with probation.
Psychological diagnostics of all persons under supervision were conducted using the ‘Eysenck-Rusalov’ methodology to identify convicts of the ‘risk group’ and plan further work with them.
Juveniles were involved in conducting city events.
In addition, the members of the organisation were not limited only to the walls of the inspection, but also worked in a ‘mobile office’ mode: conducting information and educational work in schools and vocational schools with clients of the criminal-executive inspection and with so-called ‘risk groups’.
To date, the number of cases of domestic violence committed by persons who have previously served sentences has increased significantly. Therefore, representatives of the organisation join in conducting a correctional programme for persons who have committed domestic violence, which is carried out by specialists of the Torez City Centre of Social Services for Family, Children and Youth (hereinafter - CSSSCY). During the correctional programme, representatives of the organisation, together with CSSSCY specialists, conduct discussions and group sessions on forming skills for socially acceptable ways of reacting to negative emotions, adequate self-esteem, development of communication skills, and skills for effective interaction and behaviour within the family.
There were no appeals regarding human rights violations to the organisation.
The charitable organisation ‘Club “Future”’, Mariupol, worked throughout 2011 in the area of ‘Care and support for HIV-positive prisoners’ in the Priazov Correctional Colony No. 107, the Mariupol Correctional Centre No. 138, and, since 01.07.2011, in the Mariupol pre-trial detention centre, within the framework of the project ‘Everyone should have a future’ with the financial support of the All-Ukrainian Network of PLWH.
Cooperation was organised with the lawyer of the Illichivsk Centre of Social Services for Family, Children and Youth of the Mariupol City Council, who provided legal assistance to convicts of the indicated institutions by providing legal information and consultations.
Information sessions were conducted at the Mariupol SIZO – 3, MCC No. 138 – 7, and at PCC No. 107 – 6.
The organisation traditionally conducts campaigns for the International AIDS Candlelight Memorial Day and the Day of Solidarity with HIV-positive people: 13 May 2011 at the Priazov Correctional Colony No. 107, a campaign for the Memorial Day for people who died of AIDS. 14 May 2011, the management of the Mariupol Correctional Centre No. 138 released 20 convict-volunteers to help with the city-wide campaign for the Memorial Day for people who died of AIDS. 25 June 2001, another 10 convict-volunteers refurbished the playground of kindergarten No. 27 ‘Kapelka’ (Droplet).
HIV-positive convict clients of the project from PCC No. 107 and MCC No. 138 submitted their creative works (prose, poetry) to the amateur literary contest conducted by the CO ‘Club “Future”’ within the framework of the ‘Literary Club Territory Plus’ project. The organisation published a booklet with a list of services provided by the organisation, as well as a collection of amateur works titled ‘Territory Plus’ containing works by convicts from the correctional institutions PCC No. 107 and DKK No. 124. For the winners, food parcels were purchased with prize funds and handed over personally. On 1 November 2011, a presentation of the collection of works was held in the Hrushevsky Library. Local media journalists and the authors of the works were invited to the presentation. The event was widely covered in the media of Mariupol.
Representatives of the organisation actively participated in various events – the seminar ‘Legal assistance to prisoners – achievements and problems’ and in the Public Hearings on 1 July 2011, organised by the human rights organisation ‘Donetsk Memorial’.
On 25–27 May 2011, the head of the organisation, O. R. Hatiyatullin, took part in the European conference ‘HIV in the European Region – Unity and Diversity’, Tallinn, Estonia, and on 26.10.2011 – in the work of the 1st International Scientific and Practical Conference ‘Response to violence in a democratic society, innovative security methods, crime prevention programmes’, Donetsk.
‘Club “Future”’ pays attention to training in various training sessions and seminars, increasing awareness and qualifications regarding human rights activities.
On 28.02.2011, its representatives participated in a round table organised by the Donetsk public human rights organisation ‘Donetsk Memorial’, where the experience of organisations in providing services to convicts was discussed.
During February-June 2011, the head of the organisation, O. R. Hatiyatullin, underwent training at the school for human rights trainers within the framework of the project ‘Involvement of youth in improving the work of the democracy mechanism in Ukraine’, Centre for European Cooperation. While studying at the school, he conducted a series of training sessions on the topic: ‘Man and his rights’ for juveniles under the supervision of the criminal-executive inspection.
In the period from 13 to 17.06.2011, employees of the organisation underwent an internship at the base of the Chernihiv Regional Branch and the Kharkiv Regional Branch of the All-Ukrainian Network of PLWH, where they acquired experience in the care and support of people living with HIV/AIDS, specifically HIV-positive convicts and others.
On 14.09.2011 in Kirovohrad, they participated in the work of a ‘round table’ on the topic: ‘Future changes in the Criminal-Executive Code’, the event was conducted by the Public Human Rights Organisation ‘Donetsk Memorial’.
On 14–15.10.2011, medical personnel of correctional institutions (PCC No. 107 and Mariupol SIZO) were sent by the organisation to training on the topic: ‘HIV in places of deprivation of liberty’. This event took place in Svyatohirsk and was organised by the CO ‘Club “Svitanok”’ (Dawn).
On 19–20.12.2011, social worker O. V. Dvornichenko participated in the seminar ‘Rights of convicts, violations by the administration’. This event took place in Artemivsk and was organised by the Public Human Rights Organisation ‘Donetsk Memorial’.
The Chairman of the Board, O. R. Hatiyatullin, was included in the City Council on Combating Tuberculosis and HIV/AIDS.
11 July 2011, at a meeting of the City Council on Combating Tuberculosis and HIV/AIDS, the issue ‘On the prevention of tuberculosis among vulnerable groups of the population of Mariupol’ was heard. Thanks to the lobbying by the CO ‘Club “Future”’ of the interests of persons released from places of deprivation of liberty, a decision was made to recommend to the heads of district administrations of the city of Mariupol:
1.5.1 To ensure hot meals for persons released from places of deprivation of liberty upon their request.
1.5.2 To consider the possibility of allocating material assistance (for document restoration, city transport, purchase of hygiene kits) to persons released from places of deprivation of liberty upon their request.
International cooperation: On 24.06.2011, a delegation from the Netherlands visited Mariupol, toured the Mariupol SIZO and the premises of the Mariupol City Council where the CO ‘Club “Future”’ is located, and familiarised themselves with the organisation’s activities.
The public organisation ‘Institute of Legal Research and Strategies’ provides legal assistance in cases of rights violations in the field of healthcare, including the rights of people held in custody, and therefore works with statements regarding such violations. In 2011, the organisation’s lawyers received 71 statements, among them 54 complaints against medical institutions. For all appeals, consultations were provided by lawyers of the Institute. In some cases, these were one-time legal consultations, but in the majority of cases, when cases are not accompanied by the organisation as strategic, such consultations are provided throughout the entire time until the applicant resolves the problem. At the same time, lawyers draft written documents, inquiries, lawsuits, etc., depending on the situation, on behalf of the applicant or the organisation.
The organisation conducted 15 seminars, in which 160 people participated.
On many of the appeals, employees of the organisation made inquiries to state bodies with the following requests: to provide the necessary information, take measures to resolve the problem, and eliminate violations of current legislation. Responses were received to all inquiries, but for many of them that concerned rights violations, the state bodies sent formal responses. All inquiries concerned rights violations in the field of healthcare.
A representative of the organisation took part in the 8th international documentary human rights film festival with the film ‘The Mat’ (‘Kylymok’) about torture and ill-treatment. The head of the organisation conducted a master class at the same festival titled ‘How to protect oneself from illegal actions of the police’.
In 2011, the organisation prepared a report titled ‘Human rights in the field of healthcare’. The report provides information and an analysis of the situation regarding human rights in the field of healthcare over recent years. Separate sections of the report are devoted to the rights of patients, problems of infectious diseases, vaccination, drug addicts, the disabled, and patients held in custody in institutions of the Ministry of Internal Affairs and the State Penitentiary Service (http://hr-lawyers.org/index.php?r=1.9.3).
The organisation participated in various events, in particular, at the round table ‘Future changes in the Criminal-Executive Code of Ukraine’ (Kirovohrad, Ukraine), the round table ‘Provision of medical care in SIZO: what needs to be changed?’ (Kyiv, Ukraine), and the international conference ‘Mechanisms of public control in the prevention of ill-treatment and illegal violence in Ukraine’ (Kyiv, Ukraine).
The organisation works with strategic cases in the field of healthcare (in national courts and international bodies), provides legal consultations to applicants on issues of patient rights violations, and monitors the situation with the provision of medical care. The organisation developed the website http://hr-lawyers.org, which it administers and constantly updates. On this website, information is provided regarding the procedure for appealing to the European Court of Human Rights, its documents, the practice of the European Court regarding Ukraine and other states of the Council of Europe, and translations of decisions of the European Court that influence its practice. Also, information is provided on the website regarding the practice of the UN Committee and national courts, the mandate and cases of the Strategic Litigation Funds of the Kharkiv Human Rights Group, and the NGO ‘Institute of Legal Research and Strategies’. Coverage of the organisation’s activities and issues of human rights observance in the media.
The NGO ‘Lifeline’ (‘Liniya zhyttia’), Horlivka, Donetsk region, in the 2011 project year covered 118 convicts with HIV status with services of the project ‘Expanding access to comprehensive counselling services for the purpose of forming adherence, psychological and social support, and care for PLWH’, including 43 people in CC No. 57 and 65 people in CC No. 87.
Every week, each colony was visited by a social worker who facilitated self-help groups for convicts and provided psychological support during counselling, including on the ‘peer-to-peer’ principle.
The organisation facilitated the timely examination of HIV-positive clients and the timely prescription of treatment with antiretroviral drugs. They provided vacutainers (special tubes for blood collection) and carried out the delivery of biological material for research to the City AIDS Centre, because the colonies are not provided with vacutainers in sufficient quantities and do not have the possibility to deliver biological material to the laboratories of the city and regional AIDS centres (on the specified day early in the morning).
All clients, in case of need, received professional consultations from an infectious disease doctor and a psychologist.
In addition, to maintain the health of clients, vitamins were provided, which are necessary for all PLWH. To improve living conditions and reduce the risk of HIV transmission, hygiene kits and disposable shaving razors were provided. Before release, project clients received information about the whereabouts of AIDS Centres and public organisations in their place of residence.
With the goal of increasing the level of knowledge on issues of HIV, hepatitis, tuberculosis, etc., forming a tolerant attitude towards PLWH, and reducing stigma and discrimination, information sessions and campaigns were conducted for both project clients and colony staff, and information-educational literature was provided.
In 2011, the public organisation ‘Nikolaev Regional Public Youth Movement “Penitentiary Initiative”’ provided legal assistance to 94 persons released from places of deprivation of liberty, as well as to convicts held in places of detention. The main topics of appeals were issues related to the restoration of documents, amnesty, and employment. The applicants were redirected to specialised NGOs and non-profits, as well as to the centre for the reintegration of homeless citizens, the registration centre, etc.
On 29 April 2011, a seminar was organised and conducted titled ‘Ensuring access of PLWH to social-psychological and medical services in places of deprivation of liberty’. 15 employees of the Penitentiary Administration of the Nikolaev region took part in the seminar. The goal of the seminar: familiarising the seminar participants with the aspects of and the necessity for ensuring access of PLWH to social-psychological and medical services in places of deprivation of liberty.
On 29 August – 2 September 2011, in the urban-type settlement of Kobleve, the All-Ukrainian seminar ‘Summer trainer school on working with a group of convicts in the “outcasts from the general mass” category in penitentiary institutions of Ukraine’ was organised and conducted. Its goal is to teach participants the skills of conducting training sessions and self-help groups for this target group. 23 specialists from different regions of Ukraine participated in the seminar – members of public organisations and employees of the regional Department of the State Penitentiary Service and correctional institutions of the Nikolaev region.
On 6 October 2011, jointly with the Department of the State Penitentiary Service in the Nikolaev region and the Supervisory Commission of the Nikolaev district, employees of the NOPYM ‘Penitentiary Initiative’ conducted a ‘Law Day’ at the base of the Olshanska Correctional Colony No. 53, in which 29 people participated. The purpose of the meeting was to inform convicts preparing for release on key issues of the observance of their civil rights. On 14 December 2011, the same ‘Law Day’ was held in the SIZO.
In three correctional colonies of the Nikolaev region: Olshanska CC No. 53, Voznesenska CC No. 72, and Kazankivska CC No. 93, thematic campaigns were conducted:
• ‘Memorial Day for people who died of AIDS’, reaching more than 100 convicts;
• a campaign for the ‘Day of Solidarity with people living with HIV-infection’, reaching more than 100 convicts;
• ‘Anti-tuberculosis Day’, reaching more than 100 convicts.
At the city campaign for the Day of Solidarity with people living with HIV-infection, an exhibition-sale of works by convicts of the Voznesenska Executive Colony No. 72 was presented.
At the base of the OCC No. 53 and KCC No. 93, there are volunteer theatres. Within the framework of the December campaign, the play ‘World of Positive People’ was staged.
In August 2011, in OCC No. 53, on the initiative of the convicts, the play ‘Trial of Addictions’ was staged.
All sorts of quizzes were conducted to check the level of knowledge among convicts, theatrical skits where participants could show their talents, and sports tournaments.
The organisation released the following publications:
1. ‘Volunteer – a voluntary choice’ – circulation of 1,000 copies. Target audience: prisoners.
2. ‘Extrapulmonary tuberculosis’ – circulation of 500 copies. Target audience: prisoners, general population.
3. ‘Life with +’ – circulation of 500 copies. Target audience: prisoners, PLWH.
4. ‘Organisation of HIV-infection prevention in penitentiary institutions among the group of convicts outcasted from the general mass: methodological recommendations’ – circulation of 150 copies. The manual is intended for specialists of state and non-governmental organisations participating in providing informational and psychosocial assistance to convicts outcasted from the general mass.
5. ‘Step by step. Training module for the preparation of volunteers from among convicts. Methodological manual’ – circulation of 2,000 copies. Recommended to non-governmental organisations for work in institutions of the State Department of Ukraine on Execution of Punishments.
Within the framework of the project ‘Centre for Integrated Services’, research was conducted on internal monitoring ‘learning by involving peers’ among convicts of the Olshanska CC No. 53 and Kazankivska CC No. 93. 104 convicts were covered. The conducted survey of the knowledge level using the ‘internal monitoring’ method showed a sufficient level of knowledge among convicts on issues of HIV/AIDS, tuberculosis, and venereal disease prevention.
The obtained results speak to the effectiveness of this method, which allows for assessing the real efficiency of the work of volunteers and increasing it through material stimulation. It is also an effective component of control in work, both with volunteers and in controlling the knowledge level of convicts regarding the prevention of infectious diseases. Thanks to the internal monitoring method, new convicts are joining the project and replenishing the ranks of volunteers.
A survey of convicts in OCC No. 53 and KCC No. 93 was held to determine the quality of services provided by volunteers from among the convicts; 40 people participated in the poll.
The obtained results testify to the following: all surveyed convicts know about the existence of the volunteer movement in the colony, the results of the poll show a fairly high level of effectiveness of the volunteers’ work in these departments.
The conducted survey of more than one hundred convicts in OCC No. 53 and KCC No. 93 of the Nikolaev region on the topic of HIV/AIDS, STIs, tuberculosis, and hepatitis showed that there is an increase in the level of knowledge about diseases such as HIV/AIDS, tuberculosis, and viral hepatitis A, B, and C.
Employees of the organisation take part in seminars, training sessions, and working meetings of various orientations at the regional, national, and international levels. The work experience of our organisation in 2011 was also presented at the all-Ukrainian and international conferences:
4 April – 8 April 2011 – International conference ‘Harm Reduction’, Lebanon, Beirut
27 May – 29 May 2011 – Participation in the IV annual National Conference of the LGBT-movement and MSM-service of Ukraine ‘Progress and Innovation’, Kyiv.
Members of the organisation are part of:
- the regional and coordination councils on issues of combating the spread of the HIV/AIDS/TB and drug addiction epidemic.
- the Public Council under the Department of the SPSU in the Nikolaev region.
- the regional supervisory commission under the Regional State Administration.
Throughout 2011, specialists of the public reception office of the Kherson Regional Foundation ‘Mercy and Health’ (KRFMH) provided assistance to 1,628 low-income residents of the Kherson region, including:
• assistance in document preparation – 369;
• preparation of lawsuits – 94;
• representation in court – 3;
• appeals in the client’s interest – 4;
• preparation of applications to the European Court – 2;
• provision of literature – 25;
The vast majority of people applied to the public reception office in person. Letters with requests for help most often arrive from places of deprivation of liberty or from remote settlements. Lawyers of the KRFMH public reception office carried out 4 field trips to colonies of the Kherson region — CCC No. 105, DKK No. 10, PCC 90, HCC 61, with the goal of providing free legal assistance to prisoners and colony staff. The most pressing issues were regarding passport processing, inheritance, pardon, and amnesty. During each trip, 10 consultations were provided.
In 2011, lawyers of the public reception office conducted 12 educational events aimed at spreading knowledge about human rights and their protection, among which were, in particular, the following:
17 November 2011, with the assistance of the Department of the State Penitentiary Service of Ukraine in the Kherson region and the public council, a round table was held on the topic: ‘Observance of human rights in places of deprivation of liberty. Public assessment of convicts’ behaviour’, during which the positive experience of interaction between the authorities and the public for the purpose of preventing illegal violence was presented, in particular, by the Nikolaev branch of the All-Ukrainian Charitable Organisation ‘Movement in Support of Former Prisoners of Ukraine’ http://www.gorzdrav.mk.ua/2010-05-31-06-39-14/2010-06-14-20-46-32/fondy/482----l------r .
14 people participated in the event. The booklet ‘Useful information for people released from correctional facilities’, Horlivka-2010, was distributed.
23 December 2011, a seminar was held on the topic: ‘Counteracting professional burnout as a means of preventing human rights violations in places of deprivation of liberty’. 19 people participated in the seminar.
In 2011, the organisation prepared and sent 16 inquiries to government bodies, including:
• 4 to the prosecutor’s office;
• 2 to the President;
• 7 to regional departments – within the framework of advocacy campaigns conducted by the Foundation;
as well as 20 appeals to state bodies of Ukraine.
Responses from the prosecutor’s office do not arrive systematically (one response was received within the established deadlines); responses from other government bodies were received.
KRFMH, jointly with the Ukrainian Helsinki Human Rights Union, the Kherson City Association of Journalists ‘South’, and the Centre for Contemporary Information Technologies and Visual Arts, is an organiser of the International Documentary Human Rights Film Festival ‘Docudays UA’, which is held annually. Upon the completion of ‘Docudays UA’, they traditionally present the best films in the regions of Ukraine within the framework of the Travelling Festival. In 2011, the festival in Kyiv was visited by 24,700 spectators, and the Travelling Festival – by 134,000 (among the latter’s spectators were employees of the penitentiary system – about 700 people, and prisoners – 3,400).
Representatives of the organisation participate in the work of the Public Council under the Department of the Penitentiary Service in the Kherson region and in the work of the Public Council under the Kherson Regional State Administration.
The youth public organisation ‘Centre for Legal and Political Studies “SIM”’ provides legal assistance to convicts and colony staff by visiting colonies in Lviv and the region. Correspondence is also conducted with convicts from other regions of Ukraine. Over the year, assistance was provided to 187 people.
The criminal-executive inspection referred 125 people to the organisation’s public reception.
The organisation conducted a series of practical seminars for a group of 12 juvenile convicts who are being released. The goal of these seminars is to analyse their feelings and emotions, try to control them and influence them, teach them to overcome conflict situations that may arise in the process of communication, and try to prepare them for independent life upon release.
For the first time, the Department of the State Penitentiary Service of Ukraine in the Lviv region officially took part in the 8th Travelling Documentary Human Rights Film Festival. During the festival, films from the programme were screened in all departments without exception – six correctional colonies, a correctional colony for juveniles, a pre-trial detention centre, and the management apparatus.
In total, the proposed films were viewed by 536 convicts and 30 members of the personnel. Of the proposed films, those that received the most feedback were: ‘Out of Reach’, ‘Detroit Wild City’, and ‘Market’.
During the screenings, no complaints, grievances, or reservations were received from the convicts or the institution administration. The screening of the documentary films aroused a certain interest among the convicts, which was accompanied by discussion and exchange of views. After the discussion, those who wished received legal consultations.
A competition titled ‘Good and evil through the eyes of convicts’ for the best drawing or papercut was organised and held among institutions of the Lviv region system. Based on the results of the competition, a poster was printed in a quantity of 170 copies, which included the winners’ works. The posters were placed in all departments of the colonies of the Lviv region. The winners also received sweet prizes.
The organisation published a brochure: an information guide for those being released from places of deprivation of liberty. Circulation of 10,000 copies. Distributed in the colonies of the Lviv region.
The organisation carried out accompaniment of cases of convicts who applied for help.
Member of the organisation Lidiya Topolevska is the deputy chair of the Public Council under the Department of the State Penitentiary Service of Ukraine in the Lviv region. Member of the supervisory commission under the Halytsky Administration of Lviv.
The Kirovohrad Regional Branch of the All-Ukrainian Charitable Organisation ‘All-Ukrainian Network of People Living with HIV/AIDS’ provided assistance to people living with HIV/AIDS, representatives of risk groups in the context of HIV infection, convicts, and people released from places of detention. The number of people was about 100. Assistance was provided orally on the organisation’s premises or in penitentiary institutions of the Kirovohrad region.
Ten training sessions were conducted for convicts, in which, on average, 10 people participated.
The main topic was HIV infection and its treatment, opportunities for realising medical rights, and ways to improve social adaptation. In addition, throughout 2011, 5 training sessions were conducted for staff of penitentiary institutions of the region. Two seminars concerned the topic of HIV infection, and three concerned issues of the relationship between penitentiary personnel and convicts.
Two information inquiries were written to the State Penitentiary Service. A complete answer was received to one of them.
In 2011, four campaigns dedicated to different dates were conducted. Convicts and staff of institutions on issues of execution of punishments were actively involved in the events. Twice, a ‘Brain-ring’ was conducted with the participation of teams of convicts, penitentiary staff, and representatives of public organisations of the region. On average, up to 50 convicts participate in the campaigns.
In 2011, the organisation released its first report on the observance of the medical rights of HIV-infected convicts and prisoners held in penitentiary institutions of Ukraine. The Report shows that people living with HIV, while serving a sentence or being under investigation, do not always receive adequate medical care. Therefore, a high mortality rate from AIDS is observed in Ukrainian colonies. http://www.civicua.org/news/view.html?q=1612086
The results of various events conducted in the colonies of the Kirovohrad region, the results of monitoring, and some initiatives at the all-Ukrainian level were covered in the media. For example, participation in the all-Ukrainian conference on consolidating the efforts of public organisations in the field of tuberculosis treatment in the penitentiary sphere. The conference was conducted by the ABCO ‘Network of organisations working in the penitentiary sphere’. In addition, the results of monitoring the conduct of tenders by the Department of Ukraine on Execution of Punishments were covered.
Within the framework of work in the regional supervisory commission, a standard form of report for supervisory commissions was prepared and approved for all commissions of the region - http://bocharovtuz.livejournal.com/4854.html
An analytical report on the work of the supervisory commissions of the Kirovohrad region for 2011 was prepared - http://fotoinform.net/news/News/chem-zanimalis-nablyudatelnie-komissii-kirovogradskoy-oblasti-v-2011-godu.html
Specialists of the organisation ‘Women’s Social Eco-Legal Centre’, Artemivsk, Donetsk region, provide consultations for youth and women held in the Artemivsk SIZO and those released from places of deprivation of liberty on legal issues related to obtaining education, divorce, guardianship of children, employment after release, receiving social benefits, inheritance, housing, and on legal issues related to problems of domestic violence and medical care.
The Women’s Centre has concluded an agreement on joint activity with the Artemivsk pre-trial detention centre, according to which training sessions, consultations, and informational and entertainment events for juveniles and youth are conducted monthly.
In 2011, five training sessions were conducted on the topics ‘Confident behaviour’, ‘Foundations of self-regulation’, ‘HIV prevention’, ‘Techniques for overcoming anxiety and fears’, and ‘Conflict resolution’, in which 23 people from among the convicted youth participated.
For juveniles, four interactive discussions were conducted on the topics ‘Human trafficking: myths and reality’, ‘HIV prevention’, and ‘My rights and duties’ (2), in which 15 people participated.
Consultations conducted:
- on legal issues – 18,
- on psychological issues – 32,
- on issues of job search – 2,
- education after release – 5.
At the base of the Women’s Centre, counselling for relatives of juveniles and women held in the pre-trial detention centre was organised.
6 people received consultations on issues of conditions of detention, document processing, subsequent employment, and guardianship.
The head of the organisation participates in the work of the Artemivsk City and District Supervisory Commissions, at which issues related to conditions of detention, education of juveniles, issuance of educational documents to them and subsequent education, issues of the quality of food and medical care, opportunities for work for convicts in the SIZO, and issues of the interaction of the Artemivsk pre-trial detention centre with state and public structures of the city and district, among others, were reviewed and discussed.
The ‘Centre for Legal and Political Studies “DUMA”’ (Kharkiv Regional Public Organisation), within the framework of a large-scale series of training sessions organised by the ‘Equal Opportunities and Rights of Women in Ukraine Programme’ with the assistance of the European Union and the UNDP, conducted 11 training sessions in the Kharkiv region throughout 2011 for staff of the Department of the State Penitentiary Service in the Kharkiv region (a total of about 220 people participated).
On 5 December 2011, during the All-Ukrainian Law Week, as part of in-service training for staff of the territorial department of the State Penitentiary Service of Ukraine in the Kharkiv region, the head of the Centre, Yu. Chumak, organised a screening of films presented by the Travelling Documentary Human Rights Film Festival ‘Docudays UA’ – 2011 (number of participants – about 50 people). Within the framework of providing legal assistance, on 28 February 2011, Yu. Chumak participated in a ‘question-answer evening’ at the Dykhanivska CC No. 12. Within the framework of the Programme for the Development of Human Rights Education ‘We Understand Human Rights’, on 1, 8, and 15 December 2011, he also conducted educational seminars on the topic ‘Standards and perspectives of the relationship between penitentiary personnel and convicts’ for staff of the Kachanivska CC (No. 54), the Oleksiyivska CC (No. 25), and the Kharkiv SIZO (a total of about 70 people participated).
In all correctional institutions of the Kharkiv region and the Kharkiv SIZO, ‘Leaflets for convicts’, prepared by the public organisation ‘Donetsk Memorial’ (with the assistance of the CLPS ‘DUMA’), were distributed.
The report on the activities of the ‘Centre for Legal and Political Studies “DUMA”’ in 2011 was published on the organisation’s website (http://www.centrduma.org.ua/news/zvit_pro_dijalnist_centru_pravovikh_ta_politichnikh_doslidzhen_duma_u_2011_r/2012-01-22-4).
Members of the organisation participated in the Public Hearings on issues of human rights observance in the activities of bodies and institutions of the criminal-executive service, which were prepared and conducted by the public organisation ‘Donetsk Memorial’ in Kyiv on 1 July 2011.
The head of the CLPS ‘DUMA’, Yuriy Chumak, served as an expert at the seminar ‘Video-school on human rights for staff of correctional institutions’, which took place on 1–5 July 2011 in Chernihiv. On 7 July 2011, he participated in the seminar ‘Criminal-executive legislation of Ukraine on ensuring the rights and legitimate interests of convicts. Tasks of representatives of non-governmental organisations – members of supervisory commissions in organising regular visits to places of deprivation of liberty’. Yuriy Chumak spoke at a seminar for members of the supervisory commissions of the Kharkiv region, which was conducted on 7 December 2011 by the public organisation ‘Donetsk Memorial’ at the Kharkiv Regional State Administration.
Throughout 2011, the head of the CLPS ‘DUMA’ prepared dozens of articles devoted to the topic of human rights observance in the penal system. They were published on the ‘Prison Portal’, the website of the ‘Ukrainian Helsinki Human Rights Union’, the portal ‘Human rights in Ukraine’, the website of the ‘Association of UMDPL’, the official websites of the Department of the SPSU in the Kharkiv region (http://www.depkvs.kh.ua/) and the State Penitentiary Service of Ukraine (http://www.kvs.gov.ua/), in the newspaper ‘Law and Duty’, and in other publications.
Yu. Chumak prepared an analytical material on the topic ‘Public councils as a basis for public monitoring of places of imprisonment’, in which it is proposed to introduce public control in places of imprisonment in the form of mobile monitoring groups based on and supported by members of public councils.
Yuriy Chumak is the secretary of the Public Council under the Department of the State Penitentiary Service of Ukraine in the Kharkiv region, and a member of the Public Council under the Kharkiv Regional State Administration. In 2011, he was elected deputy chair of the Public Council under the GUMIA of Ukraine in the Kharkiv region.
The public organisation ‘Union “Golden Age of Ukraine”’ (‘Soyuz “Zolotoy Vek Ukrainy”’) initiated and conducted the following events from December 2010 to December 2011. With the support of the Sociology Department of the Donetsk State University of Management and the Donetsk branch of the Sociological Association of Ukraine, a large-scale sociological study was conducted on issues of preparation for the creation of a ‘Centre for Social Adaptation of persons who served a sentence of restriction of liberty’, implementing the programmes of the NGO ‘Union “Golden Age of Ukraine”’ (detailed information on the website http://zovu.org/index.php?option=com_content&view=category&layout=blog&id=1&Itemid=3).
With the goal of involving the greatest number of people serving sentences in the institutions of the penitentiary system of the Donetsk region in the processes of active preparation for release and popularising the activities of the NGO, groups for personal development were created among the convicts: Kalininska CC No. 27 (Horlivka), Snizhnyanska Women’s CC No. 127, Donetsk CC No. 124, and the Kirov criminal-executive inspection.
Members of the NGO and volunteers visited CC No. 124, Kalininska CC No. 27 (Horlivka), Snizhnyanska Women’s CC No. 127, the Donetsk SIZO, CC No. 87 and No. 27 in Horlivka, and others.
The ‘ZOVU’ Union, together with the State Penitentiary Service of Ukraine in the Donetsk region, conducted a Talent Competition among convicts. On the initiative of the Union, the company ‘UKRTELECOM’ installed a payphone in the Horlivka CC No. 87 (January 2011).
With the support of the Ukrainian Centre for Accord, on 26 October 2011 in Donetsk, the 1st Scientific and Practical Conference ‘Response to violence in a democratic society: innovative security methods, crime prevention programmes’ was held, the goal of which is the scientific and practical analysis of the problem of violence in a democratic society, the search and discussion of ways and methods of reducing the crime level at the regional and state-wide levels, the reduction of the prison ‘population’, and the prevention of recidivism, as well as familiarisation with foreign and domestic positive experience.
From November 2011, the ‘ZOVU’ Union began publishing the newspaper ‘ZOVU - Donbass. Strategy of success’.
Members of the Union constantly participate in TV and radio broadcasts.
The public organisation ‘Foundation “Criminon-Hope”’ in 2011 conducted a practical training-seminar ‘The Way to Happiness. Your survival is important to others’ at the Department of the State Penitentiary Service in the Dnipropetrovsk region for psychologists and inspectors on the preparation of convicts for release. Number of participants – 25 people. On the website of the State Penitentiary Service on 05 December 2011, employees of the Department posted a press release about this event.
Throughout 2011, training under the International Criminon Programme was conducted in CC No. 35 in Bila Tserkva with the screening of the film ‘The Way to Happiness’ during educational work with convicts in all units. The total number of participants was about 800 people.
The charter activity of the organisation does not provide for the provision of legal assistance. If convicts who are in communication with the organisation apply with questions regarding legal assistance, they are directed to other organisations or lawyers regarding the provision of such assistance.
The organisation sent letters to the Kyiv Regional State Administration, the State Penitentiary Service, the Ministry of Healthcare, and the Cabinet of Ministers regarding the provision of medical equipment and the allocation of funds to the Bucha Regional Hospital, which is located on the territory of the Bucha Correctional Institution No. 85. The State Penitentiary Service responded regarding the allocation of 600,000 UAH for the purchase of necessary medical equipment. At the present time, this equipment has been delivered to the hospital.
Video materials (discs), methodological materials, and accompanying letters with information about the International Criminon Programme with a proposal for cooperation and a request to screen the film ‘The Way to Happiness’ to all convicts and staff of the institutions were sent to the Departments of the State Penitentiary Service of 25 regions and to all correctional institutions of Ukraine. Responses were received from the institutions about the positive impact of the film, and proposals for cooperation were provided.
In the Bila Tserkva Colony No. 35, a human rights campaign for convicts was conducted with the screening of the film and a discussion following the screening. Number of convicts – 35 people. They participated in a charity campaign for St. Nicholas Day in the Kyiv SIZO for 50 people.
Representatives of the organisation participated in the work of the ‘Round tables’ ‘Future changes in the Criminal-Executive Code’, Kirovohrad, 14 September 2011, and ‘Provision of medical care in SIZO: what needs to be changed?’, Kyiv, 06 October 2011, as well as in the seminar ‘Monitoring as a mechanism for protecting prisoners’ rights’, Artemivsk, 19–20 December 2011.
To the address of the State Penitentiary Service of Ukraine on issues of execution of punishments, proposals were sent for the draft Concept of the State Programme for the Development of the State Criminal-Executive Service of Ukraine for the period up to 2015.
Throughout 2011, the organisation was a member of the Public Council under the Department of the State Penitentiary Service of Ukraine in Kyiv and the Kyiv region and participated actively in the planning and conducting of events in correctional institutions and the SIZO.
The organisation is part of the Regional Supervisory Commission under the Kyiv Regional State Administration. During the reporting period, with the participation of a representative of the organisation, two inspections of CC No. 95 and CC No. 35 were conducted. The inspection in CC No. 35 was conducted with the participation of members of the district supervisory commission, during which an exchange of experience took place. Based on the results of the checks, inspection protocols were compiled and transferred to the institutions and the Department.
The Charitable Foundation ‘Rehabilitation’ provided consultation on labour legislation to persons who were released from places of deprivation of liberty (five people). Counselling was conducted by a psychologist for persons released from places of deprivation of liberty regarding adaptation in new living conditions in society. Charity campaigns were conducted in the boarding group of the children’s educational institution No. 6 in Kovel, Volyn region, for the New Year and Christmas holidays for children from low-income families, orphans, and children deprived of parental care. Targeted assistance was provided to convicts of CC-47, Sokal, Lviv region, and CC-52, Olenivka village, Yenakieve district, Donetsk region, and assistance was provided to persons released from places of deprivation of liberty in the form of clothing, items of first necessity, and personal hygiene products.
At the present time, the head of the Foundation, Georgiy Korniyevsky, is included in the public council under the UMIA of Ukraine in the Volyn region. Due to a certain conflict situation with the management of the State Penitentiary Service in the Volyn region, despite many letters of support from various organisations, the head of the supervisory commission under the Volyn Regional State Administration refused his admission to the composition of the supervisory commission due to a conviction that had long been cleared and spent, and despite the fact that from 2005 to 2009 he worked as deputy chair of the supervisory commission under the Volyn Regional State Administration.
The All-Ukrainian Charitable Foundation ‘Legal Initiative’ provided assistance to convicts of the colonies of the Kyiv region who expressed a desire for it. They received consultative legal assistance during visits of the Supervisory Commission of the Kyiv Regional Administration, of which the president of the Foundation, Olga Korniyenko, is a member.
The organisation published a scientific-practical manual for judges ‘Application in Ukraine of European standards for countering ill-treatment and impunity’ with a circulation of 2,000.
A representative of the organisation – the president of the Foundation, Olga Korniyenko – is a member of the supervisory commission of the Kyiv Regional State Administration. As part of the commission, she carried out visits and inspections of five correctional institutions of the Kyiv region, during which she established contacts with members of local supervisory commissions and representatives of regional public organisations; she participated in meetings of the Commission with the involvement of the General Prosecutor’s Office, the State Department of Ukraine on Execution of Punishments, and the Department’s Directorate for the Kyiv region.
Members of the Penitentiary Society of Ukraine participated as experts in projects executed by the human rights organisation ‘Donetsk Memorial’, in particular in the preparation and publication of a number of information-legal brochures, in the preparation of ‘round tables’, seminars, Public Hearings, and press conferences.
The All-Ukrainian Foundation ‘Protection of Children’s Rights’ conducted in 2011 a training session ‘Psycho-pedagogical work in institutions of social rehabilitation’ (35 pedagogical staff of institutions of social rehabilitation). It published a methodological manual ‘Psycho-pedagogical work in institutions of social rehabilitation’ for pedagogical staff. Its representatives participated in all major events devoted to the problems of children and the observance of their rights in Ukraine.
In the sphere of improving legislation and normative documents, the organisation conducted an analysis of international and national legislation regarding the status of children who have problems with behaviour. Proposals for improving legislation regarding children who have found themselves in conflict with the law and have not reached the age of criminal responsibility (submitted to the Ministry of Youth and Sports).
The Kryvyi Rih City Human Rights Society in 2011 sent its representatives as observers to court hearings of the Central-City District Court of Kryvyi Rih in the case of 2 persons accused under Art. 187, Part 2 – 6 hearings.
A response was provided to a letter from a life-sentenced prisoner from the Dnipropetrovsk Correctional Colony. An Amnesty International petition against police impunity in Ukraine was signed – November 2011. The organisation participated in the ‘Write for Rights’ Marathon 2011, initiated by Amnesty International – 404 letters were collected. One of the 5 defendants is a citizen of Ukraine, a prisoner in the Kharkiv SIZO, Yakiv Strohan.
Conducting a regional festival within the framework of the International Documentary Human Rights Film Festival ‘DOCUDAYS’ – 20 film screenings in 8 institutions, 1,465 visitors. Feedback is positive.
In 2011, the participation of 2 representatives of the organisation in the composition of the PC under the regional Department of the Ministry of Internal Affairs of Ukraine in the Dnipropetrovsk region was terminated.
The Republican AR Crimea Trade Union Organisation of the All-Ukrainian Trade Union of Able-bodied Disabled Persons, Kerch, conducted in 2011 research titled ‘Monitoring of ensuring the rights of disabled persons in institutions of temporary detention and serving sentences of the AR Crimea’. Within the framework of the monitoring, the presence and quality of medical care for disabled persons was studied, of whom, according to the department’s data, 3,843 are in places of deprivation of liberty.
The research results were presented in July at a ‘round table’ in Simferopol. Recommendations were developed for the department, and information with the results of the monitoring was sent to the parliamentary Committees of the Verkhovna Rada.
The organisation also sent an appeal to the Ministry of Justice, the General Prosecutor’s Office, and the State Penitentiary Service of Ukraine regarding the failure to process disability pensions for persons who became disabled during their imprisonment, and for the cancellation of the registration in the Ministry of Justice of the corresponding Instruction.