Detention of women in police facilities

On the website of the Ministry of Justice of Ukraine (http://minjust.gov.ua/0/6dopovid_do_oon) the Draft Sixth Periodic Report of Ukraine, ‘On the Implementation of the Provisions of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’, has been published. It follows from the report that the State leadership is taking measures to ensure the constitutional rights and freedoms of citizens of Ukraine; however, in the matter of observing the constitutional rights of pregnant women and women with children under the age of three while detained in temporary detention facilities (IVS) of internal affairs bodies, the work is not being carried out to the required standard and, in fact, does not meet the requirements of international standards in this area.
Starting from 2006, mobile monitoring groups for ensuring the rights and freedoms of citizens in the activities of internal affairs bodies, created within the framework of the project ‘Implementation of the National Preventive Mechanism against Torture and Ill-Treatment in Ukraine’, have been monitoring the observance of human rights in the activities of internal affairs bodies (OVD). Mobile groups have visited city and district departments of the Ministry of Internal Affairs of Ukraine. Based on the results of these visits, reports were drawn up documenting the conditions of detention in IVS. In particular, they checked for the presence of sanitary facilities, washbasins, access to drinking water, the availability of bedding, sanitary inspection stations, shower rooms for detainees, the presence and equipment of a room for reheating food, cell lighting, heating, etc.
The results of the inspections established that for women with children under the age of three, as well as for pregnant women, improved living conditions have not been created. Specifically: there is an absence of cells calculated at 7 square metres of usable area per person with sufficient lighting; there are no cots for children under 3 years old staying with their mothers; there are no basins for hygienic purposes and laundry; and no standards for their dietary provision have been established.
How many women are actually found in IVS?
According to data presented by the Main Directorate of the Ministry of Internal Affairs of Ukraine in the Donetsk region, in 2011, a total of 33,600 people were held in the IVS of the region's internal affairs bodies, and in the first half of 2012, 14,245 people. At the same time, in 2011, 1,087 women were held in the region's IVS, and 912 women in the first 6 months of 2012. During these eighteen months, no pregnant women or women with children under 3 years old were held in the detention centres.
Women taken into custody have the right to have children under the age of three with them, in accordance with Article 9 of the Law of Ukraine ‘On Pre-trial Detention’; however, conditions for their detention in the IVS of the Ministry of Internal Affairs of Ukraine do not exist, the regulatory framework for their detention in these centres is absent, and there is no developed regulation governing the actions of officials regarding the admission and detention of women.
There are other problems regarding the detention of women in custody as well.
For example, the sanitary treatment of persons in IVS is carried out once every seven days with a change of undergarments and bed linen (clause 8.6 of the Ministry of Internal Affairs of Ukraine order dated 02.12.2008, No. 638). However, how can a pregnant woman or a woman with a small child manage without hot water for hygienic purposes for seven days? The normative documents of the Ministry of Internal Affairs do not contain any standards taking these circumstances into account.
Similar problems exist in providing this category of women with food. Persons held in IVS are provided with three hot meals a day in accordance with the resolution of the Cabinet of Ministers of Ukraine dated 16 June 1992, No. 336 (standard No. 3). However, this normative document makes no provision for feeding pregnant women and nursing mothers held in special police facilities. A nutritional standard is approved only for institutions of the State Penitentiary Service of Ukraine, but it does not exist for special police facilities.
An inconsistent and strange norm is one according to which persons held in IVS are permitted to have in their possession and keep in their cells paper, postage envelopes, stamps, simple pencils, textbooks, and school supplies for students (clause 3.2.7 of the Ministry of Internal Affairs of Ukraine order No. 638). However, it is nowhere specified how and by whom the education of school-age persons who, through irony of fate, have found themselves behind bars and have the right to continue their education, will be conducted.
In 2011, 425 minors were held in the region's IVS, of which 33 were female; for the 6 months of 2012, out of 122 minors, 9 were female.
Of particular concern is the fact that there is a lack of instructions for officials of the internal affairs bodies of the Ministry of Internal Affairs of Ukraine that would regulate the placement in custody of pregnant women and women with young children. In such a situation, police officers may, through their actions, violate the rights of women held in special police facilities, sometimes without even suspecting it.


Recommendations
1. Create improved living conditions in IVS for the detention of pregnant women, as well as women who have children under the age of three with them, with the organisation of specialised medical care, including paediatric examinations for children;
2. Amend the instructions on sanitary treatment of persons in IVS for women, pregnant women, and women who have children under the age of three with them, allowing for an increased frequency of showers and access to hot water for hygienic purposes upon the women’s request;
3. Provide for the presence of cots and basins for hygienic purposes and laundry in IVS, in the event of the placement of women with children under the age of three in the IVS;
4. Develop instructions for officials of the Ministry of Internal Affairs regulating the actions of police personnel when placing pregnant women and women with children under the age of three in an IVS;
5. Amend the resolution of the Cabinet of Ministers of Ukraine dated 16 June 1992, No. 336, ‘On Food Standards for Persons Held in Institutions of the Criminal-Executive System, Temporary Detention Facilities, Reception-Distributors, and Other Special Facilities of the Ministry of Internal Affairs’ with the aim of establishing dietary standards in IVS for pregnant women and women who have children under the age of three with them.

Sergey Zaliznyak, Lead Expert on Law Enforcement Activities, ‘Donetsk Memorial’

The publication was carried out as part of a project with the support of the Democracy Grants Program of the U.S. Embassy in Ukraine.
The views of the authors do not necessarily reflect the official position of the U.S. Government.

Supported by the Democracy Grants Program of the U.S. Embassy in Ukraine. The views of the authors do not necessarily
reflect the official position of the U.S. Government.”