CPT Report on the 2011 Visit to Ukraine (Excerpt) and the Government’s Response

Report to the Ukrainian Government on the results of the visit by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 29 November to 6 December 2011. Strasbourg, 14 November 2012
(Part dedicated to the visit to the Kyiv and Kharkiv pre-trial detention centres)
(Translated by Vadym Chovhan)

B. Issues concerning pre-trial detention centres (SIZO) in Kyiv and Kharkiv

40. Due to the very specific nature of the visit, the delegation was not in a position to examine in detail the situation of prisoners (and detainees) held in the SIZO in Kyiv and Kharkiv. Nevertheless, there are some issues that are of particular concern and are therefore highlighted in this report.
41. The vast majority of the pre-trial detainees interviewed by the delegation in the two SIZO visited indicated that prison staff treated them correctly.
However, one woman in pre-trial detention alleged that she had been pushed down stairs, struck with a truncheon, and burned with a cigarette by prison officers at the Kyiv SIZO. Following an examination of the woman by the delegation’s doctor, injuries were found which, in the CPT’s view, were consistent with the alleged complaints of ill-treatment.
The CPT hopes that the management of the Kyiv SIZO will remain vigilant and will take appropriate measures to prevent instances of ill-treatment of prisoners by staff.
42. Furthermore, at the Kharkiv SIZO, an examination of the institution’s incident book revealed that allegations of ill-treatment of a prisoner by prison staff were the subject of an ongoing criminal investigation. A pre-trial detainee who had been transferred from the SIZO in Luhansk to the Kharkiv SIZO for a few days in August 2011 arrived at the Kharkiv SIZO without visible injuries. However, upon his return, various injuries were detected (on both thighs and the left shoulder). According to a written statement, he had been beaten with a rubber mallet by prison officers while handcuffed, in the presence of a representative of the institution’s administration. This case was reported by prison staff to the Kharkiv Regional Prosecutor’s Office.
The CPT would like to be informed of the results of the aforementioned investigation and, if possible, of the actions subsequently taken at the criminal and/or disciplinary level.
43. The delegation received generally positive impressions of the material conditions in the juvenile wards at the Kyiv and Kharkiv SIZO.
However, conditions of detention were simply appalling in many other structural units of both SIZO. Many cells were in poor condition and had only very limited access to natural light. In addition, the Committee expresses concern about the overcrowding observed in many structural units of both institutions. At the time of the visit, the Kyiv SIZO held 3,761 prisoners (official capacity: 2,850 places) and the Kharkiv SIZO held 3,415 prisoners (official capacity: 2,808 places).
The Committee acknowledges the efforts made by the Ukrainian authorities to reduce overcrowding in the two SIZO visited. However, despite the fact that more than 1,000 prisoners had recently been transferred from the Kharkiv SIZO to other institutions, the situation remains highly problematic in both SIZO (particularly in the living blocks for adult men).
For example, at the Kharkiv SIZO, during the visit, the delegation found that a cell of approximately 45 m² held 44 adult male prisoners (and, according to reports, sometimes even more). There were only 28 beds, which meant that prisoners had to sleep in shifts. They also had to store their personal belongings and wash and dry their laundry inside the cell. Some prisoners had been held in such conditions for several years.
The Committee must reiterate its recommendation that measures be taken at the Kyiv and Kharkiv SIZO and, if necessary, in other penitentiary institutions in Ukraine, with the aim that:
- each prisoner is provided with their own bed (and clean bed linen);
- substantial efforts are made to reduce prison overcrowding and to distribute prisoners evenly in available premises, to offer at least 4 m² of living space per prisoner;
- prisoners have proper access to natural lighting and ventilation in the cells.
44. Regarding the Kharkiv SIZO, there are two more specific issues that cause concern:
Firstly, in Block 1 of the institution, the delegation discovered four holding booths measuring only 0.80 m² each, which were completely dark and had no artificial lighting. According to staff, prisoners who were violent or otherwise violated internal rules were sometimes placed in these booths while awaiting an officer from the internal security department. The Committee must emphasise that, due to their size, these booths are inherently unsuitable for holding a person for any length of time. Secondly, the delegation noted that many windows were covered with metal bars, thereby blocking all access to natural light.
These two issues were raised by the delegation on-site with the Director of the Kharkiv SIZO. He assured the delegation that these booths would be immediately taken out of service and that the metal bars would be removed as quickly as possible.
In a letter dated 26 January 2012, the Ukrainian authorities confirmed that the aforementioned holding booths had been taken out of service. The authorities also indicated that work had begun on removing metal bars from the windows of the living blocks at the Kharkiv SIZO and would be completed by 7 March 2012.
The CPT takes note of this information and would like confirmation that all metal bars have already been dismantled.
45. In their aforementioned letter of 26 January 2012, the Ukrainian authorities also informed the CPT that “In the course of preparing a new Instruction ‘On the organisation of supervision in pre-trial detention institutions’, it is planned to consider the expediency of using temporary holding boxes (detention booths) for detainees in regime buildings of pre-trial detention institutions. This process should be completed within the first three months of 2012.” The Committee would like to receive updated information on this matter.
46. Unfortunately, the situation regarding the activities offered to pre-trial detainees in the two SIZO visited has not improved since the 2009 visit. Apart from one hour of exercise per day, the vast majority of them remained locked in their cells all day, with the only occupations being watching television, reading, and playing board games.
The situation is further exacerbated by the fact that in both SIZO, the existing facilities for exercise were too small. For example, the exercise yard belonging to the aforementioned cell at the Kharkiv SIZO (with 44 prisoners) was about 45 m², which made it practically impossible for the prisoners to exercise. It is not surprising that many prisoners lost all motivation to go outside every day.
The CPT urges the Ukrainian authorities to improve the situation regarding physical exercise opportunities at the Kyiv and Kharkiv SIZO as a priority. As a first step, measures should be taken to guarantee that all prisoners can spend at least one hour in the open air in better conditions (for example, by introducing a shift system that allows prisoners to go outside in small groups).
Furthermore, the Committee reiterates its recommendation that the Ukrainian authorities should redouble their efforts to develop a programme of purposeful activities for detainees in the visited institutions and, if necessary, in other SIZO in Ukraine. As highlighted by the Committee in reports on previous visits, it must be ensured that all prisoners, including those in pre-trial detention, are able to spend a reasonable part of the day outside their cells, engaging in purposeful activities of a varied nature (work, preferably with a vocational bias; education; sports; recreation/socialising).
47. Regarding the medical examination of newly arrived prisoners at the Kyiv and Kharkiv SIZO, reference is made to the remarks and recommendations contained in paragraphs 26 and 28-31.
48. On the occasion of this visit and in light of reports recently received by the CPT, the delegation’s composition also examined in detail the healthcare services provided to certain persons held in custody at the Kyiv SIZO, in particular Mr Valeriy Ivashchenko, Mr Yuriy Lutsenko, and Ms Yulia Tymoshenko.
In this regard, the Committee would like to emphasise that the role of medical delegation members is not the same as that of an attending physician; their task is to assess the quality of medical care and, in particular, access to treatment for persons in custody. Furthermore, the Committee would like to remind that prison authorities are responsible for the health of all prisoners; every possible effort must be made to ensure that an accurate diagnosis is established promptly and that adequate treatment required by the health condition of the person concerned is provided to all prisoners.
The Committee must express its concern that, in relation to each of the three aforementioned individuals, there were significant delays—for various reasons—in organising specialised medical examinations outside the SIZO. Problems of this kind have been observed repeatedly by the Committee during all previous visits to the Kyiv SIZO, as well as in other penitentiary institutions in Ukraine. The Committee urges the Ukrainian authorities to take all necessary measures to ensure that, in the future, all prisoners who need treatment/examination by a specialist are sent outside the facility without unjustified delay.
49. Regarding Mr Ivashchenko and Ms Tymoshenko, the delegation noted that both prisoners were receiving symptomatic treatment. During discussions with the Ukrainian authorities at the end of the visit, the delegation emphasised that if their condition did not improve in the near future, it would be desirable to attempt additional interventions (e.g. physiotherapy, infiltration therapies, provision of a corset), if necessary, in a specialised inpatient setting.
In a letter dated 1 February 2012, the CPT President requested the Ukrainian authorities to provide updated information on all medical interventions carried out on Mr Ivashchenko, Mr Lutsenko, and Ms Tymoshenko following the CPT’s visit.
On 23 February 2012, the Ukrainian authorities provided the CPT with a chronological report on the various diagnostic and treatment measures that had been carried out on all three individuals up to mid-February 2012. Furthermore, the authorities reported that on 30 December 2011, Ms Tymoshenko was transferred from the Kyiv SIZO to the Kachanivska Correctional Colony No. 54, and also that on 14 and 15 February 2012, she was examined by an international medical commission. They also stated that Ms Tymoshenko receives regular massages from a physiotherapist, but that she continues to refuse to have a blood test.
In order to be able to follow developments more closely, the CPT requests the Ukrainian authorities to provide updated information on all medical interventions carried out on Mr Ivashchenko, Mr Lutsenko, and Ms Tymoshenko since 15 February 2012. Regarding Ms Tymoshenko, the Committee would also like to receive a copy of the report(s) drawn up by the members of the international medical commission who examined her on 14 and 15 February 2012.
50. Finally, despite the specific recommendations made by the Committee after all previous visits to Ukraine, strict restrictions are still frequently imposed on the contacts of pre-trial detainees with the outside world. Many detainees were not allowed to receive any visits from persons other than their lawyer (or legal representative), or to make telephone calls, for long periods; in a number of cases, this situation had lasted for over a year. Such a state of affairs is unacceptable.
The CPT again calls upon the Ukrainian authorities to take measures to ensure that detainees, in principle, have the right to receive visits and to receive/send letters. Any refusal to grant permission for a visit or for sending/receiving letters must be specifically justified by the needs of the investigation, require approval by an authority not involved in the relevant case, and be applied for a specified period of time, with reasons provided. If necessary, the relevant legislation and regulations should be amended.
Furthermore, the Committee reiterates its recommendation on the need for measures to be taken to ensure that detainees are generally granted regular access to a telephone. If there is a suspected risk of collusion in individual cases, a specific telephone call can always be monitored. Any decision to prohibit or impose restrictions on detainees’ access to a telephone must be based on a reasonable assumption of a risk of collusion, intimidation, or other illegal activity and be applied for a defined period.
Issues concerning the SIZO in Kyiv and Kharkiv
Recommendations
- measures must be taken at the Kyiv and Kharkiv SIZO and, if necessary, in other penitentiary institutions in Ukraine, to guarantee that:
- each prisoner is provided with their own bed (and clean bed linen);
- strenuous efforts are made to reduce prison overcrowding and prisoners are distributed evenly among available accommodation, to provide at least 4 m² of living space per prisoner;
- prisoners have proper access to natural lighting and ventilation in cells (paragraph 43);
- the Ukrainian authorities improve, as a priority, the situation with exercise at the Kyiv and Kharkiv SIZO. As a first step, measures must be taken to guarantee that all prisoners can spend at least one hour in the open air in more favourable conditions (for example, by introducing a shift system that will allow prisoners to go outside in small groups) (paragraph 46);
- the Ukrainian authorities redouble their efforts to develop a programme of purposeful activities for detainees in the visited institutions and, if necessary, in other SIZO in Ukraine (paragraph 46);
- the Ukrainian authorities take all necessary measures to ensure that in the future, all prisoners who need treatment/examination by a specialist are sent outside the facility without unjustified delay (paragraph 48);
- the Ukrainian authorities take measures to ensure that detainees, in principle, have the right to receive visits and to receive/send letters. Any refusal to grant permission for a visit or for sending/receiving letters must be specifically justified by the needs of the investigation, require approval by an authority not involved in the relevant case, and be applied for a specified period of time, with reasons provided. If necessary, the relevant legislation and regulations should be amended (paragraph 50);
Recommendations
- efforts should be made to ensure that pre-trial detainees are generally granted regular access to a telephone. Any decision to prohibit or impose a restriction on prisoners’ access to a telephone must be based on a reasonable assumption of a risk of collusion, intimidation, or other illegal activity and be applied for a defined period.
Comments
- The CPT hopes that the management of the Kyiv SIZO will remain vigilant and will take appropriate measures to prevent instances of ill-treatment of prisoners by staff (paragraph 41).
Requests for information
- results of the investigation into the alleged ill-treatment of a detainee at the Kharkiv SIZO, mentioned in paragraph 42, and, if possible, information on measures subsequently taken at the criminal and/or disciplinary level (paragraph 42);
- confirmation that all metal bars have been removed from cell windows at the Kharkiv SIZO (paragraph 44);
- updated information on the results of the review regarding the expediency of using temporary holding booths, mentioned in paragraph 45 (paragraph 45);
- information on all medical interventions carried out on Mr Valeriy Ivashchenko, Mr Yuriy Lutsenko, and Ms Yulia Tymoshenko since 15 February 2012. Regarding Ms Tymoshenko, a copy of the report(s) drawn up by the members of the international medical commission who examined her on 14 and 15 February 2012 (paragraph 49).

Response of the Ukrainian Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) (from 29 November to 6 December 2011)
(Translated by Vadym Chovhan)

Regarding paragraph 41
With the aim of eliminating conditions that could contribute to such a situation, the State Penitentiary Service of Ukraine has begun participating in the implementation of project 1.2.1, “Combating ill-treatment and impunity”, within the framework of the Council of Europe Action Plan for Ukraine 2011-2014 (implementation period: from 01.07.2011 to 31.12.2013).
In March 2012, the penitentiary institution served as a platform for monitoring human rights compliance in places of detention—human rights monitors representing thirteen countries underwent training at Ukrainian penitentiary institutions. The event was aimed at gaining additional practical experience in monitoring places of detention in accordance with international standards and the rules governing the procedure for serving criminal sentences, as well as the conditions of detention in penitentiary institutions.
On 23 April 2012 and 27 June 2012, human rights organisations conducted monitoring of detention conditions in five correctional institutions in the Kyiv, Lviv, Mykolaiv, Kharkiv, and Chernihiv regions.
Regarding paragraph 42
Between 2005 and 2011, prisoner “D” was moved through the Kharkiv SIZO to other penitentiary institutions 12 times. During the confinement of said person in the Kharkiv SIZO, neither physical force nor special measures were applied to him.
The prosecutor’s office of the Kharkiv region conducted a check of the complaints filed by prisoner “D” regarding the use of physical force against him by staff of the Kharkiv SIZO of the State Penitentiary Service of Ukraine administration in that region from 13 August 2011 to 15 August 2011.
It was established that the Prosecutor’s Office of the Zhovtnevyi District of Kharkiv carried out a preliminary investigation into this incident, on the basis of which, on 11 December 2011, the initiation of criminal proceedings against the officials of the Kharkiv SIZO was refused, as no signs of crimes under Articles 126, 127, 364-1, 365, and 365-1 of the Criminal Code of Ukraine were found in their actions.
Regarding paragraph 43
Each person in custody is provided with a sleeping place and bedding.
In accordance with sanitary regulations, mandatory washing and changing of bed linen is carried out at least once every 7 days.
As of 1 January 2012, following the entry into force of the second paragraph of subparagraph 23 of Article 1 of the Law of Ukraine dated 21.01.2010 No. 1828-VI “On Amendments to the Criminal Executive Code of Ukraine”, provisions regarding living space per prisoner were introduced, including:
- In arrest houses intended for the detention of persons sentenced to arrest (men and women, including minors)—no less than 4 m² per person;
- In correctional colonies intended for the detention of persons sentenced to imprisonment (men and women)—no less than 4 m² per person;
- In penitentiary institutions intended for the detention of minors sentenced to imprisonment (male and female minors)—no less than 4 m² per person;
- In medical institutions associated with correctional colonies intended for the detention and treatment of persons sentenced to imprisonment (men and women, including minors)—no less than 5 m² per person;
- In correctional colonies intended for the detention and inpatient treatment of persons suffering from tuberculosis (men and women, including minors)—no less than 5 m² per person;
- For prisoners sentenced by a court to a specific term of detention, and persons sentenced to life imprisonment—no less than 4 m² per person.
- For prisoners remaining in pre-trial detention institutions for economic maintenance—no less than 4 m² per person.
In accordance with the Law of Ukraine “On Pre-trial Detention”, the standard area per cell in places of detention cannot be less than 2.5 m² per person, and for pregnant women or women with a child—4.5 m².
Currently, based on the actual area of cells in pre-trial detention institutions under the jurisdiction of the State Penitentiary Service of Ukraine, an average of 3.0 m² of living space per person is provided.
In the Kyiv SIZO, based on the available cell area, each person has 2.5 m² of living space; in the Kharkiv SIZO—2.8 m².
Furthermore, in 2012, the issue of financing capital expenditures for the repair and reconstruction of penitentiary institutions and pre-trial detention centres was resolved; approximately 9.6 million hryvnias and 3.164 million hryvnias were allocated from the State Budget of Ukraine for current repairs.
In addition, construction priorities for the reconstruction and capital repair of institutions of the State Criminal Executive Service of Ukraine were determined, including:
- Construction of an administrative building, reconstruction, and capital repair of existing buildings and structures of the Kyiv SIZO;
- Equipment for the Vilniansk and Kharkiv SIZO with security and sewage treatment facilities for prisoners suffering from tuberculosis at the Holoprystan Correctional Colony (No. 7) in the Kherson region;
- Reconstruction (capital repair) of the baby unit at the Chernihiv Correctional Colony (No. 44) and 43 buildings removed from service in other penitentiary institutions, for the purpose of creating additional places for the detention of prisoners;
- Construction (new construction, reconstruction, and capital repair) of centralised sewage and drainage filtration systems for penitentiary institutions.
With the aim of resolving the problem of housing detainees, in accordance with Order No. 191 of the SPS of Ukraine dated 14.06.2011, holding blocks for 2,001 people were created on the premises of correctional colonies, of which 483 places were in specialised tuberculosis treatment facilities.
In accordance with Order No. 192 of the SPS of Ukraine dated 14.06.2011, arrest houses for 1,051 people were created on the premises of 32 correctional colonies, to which persons sentenced to arrest whose sentences had entered into force were transferred from pre-trial detention centres.
Windows of cells in pre-trial detention centres were regularly checked for access to fresh air and natural light. It was established that ventilation windows ensured access to fresh air. The level of natural light is sufficient to meet the domestic needs of the detained persons; electric lighting is provided primarily by a 100 W bulb (or an energy-saving bulb of equivalent power), which allows detained persons to read and write freely without harm to their eyesight. In addition, each toilet is separated.
Constant control over maintaining the necessary air temperature in living premises is carried out by the administrations of penitentiary institutions and pre-trial detention centres, subject to daily reporting to the regional department of the SPS of Ukraine.
All living premises of correctional institutions are equipped with natural (inlet-outlet) ventilation. Furthermore, portable air fans for improving the microclimate are available in almost all premises.
Regarding paragraphs 44 and 45
Metal bars were removed from the windows of cells in Building No. 1 at the Kharkiv SIZO.
Eleven temporary holding booths for placing persons in the united section were dismantled, and new cells were built, the structure and area of which, due to the reduction in the number of booths from eleven to four, comply with current legislation. In order to ensure proper lighting and ventilation of the corridor of the united section, window reconstruction was performed: a small window was dismantled, the window opening was widened, and large windows were inserted.
Cells of the united sections in pre-trial detention centres are equipped with seating and are used for the temporary detention of prisoners; they are sufficiently lit, equipped with a toilet, ventilation, and the conditions comply with sanitary and hygienic rules.
Regarding paragraph 46
In the Kyiv and Kharkiv SIZO, all detainees without exception are provided with daily exercise for at least one hour. For minors, pregnant women, women caring for children under 3 years old, and the sick, with a doctor’s permission, exercise is allowed for up to two hours.
In the event of adverse weather conditions, detained persons have the right to do physical exercises in the SIZO gymnasium.
All exercise yards at the Kyiv and Kharkiv SIZO are equipped with horizontal bars and parallel bars for physical exercise and sports.
In order to update the regulatory framework regarding the conditions and procedures for detention of persons in places of pre-trial detention and to bring them into compliance with international standards, draft orders of the Ministry of Justice of Ukraine “On Approval of the Internal Regulations of Pre-trial Detention Institutions” and “On Approval of the Manual on the Organisation of Service and Supervision of Persons Held in Pre-trial Detention” have been developed and are currently undergoing state registration.
Regarding paragraph 48
In accordance with the aforementioned joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 10.02.2012 No. 239/5/104, all persons in custody have the possibility of receiving specialised medical care in healthcare institutions of the Ministry of Health of Ukraine without delay.
Regarding paragraph 49
Regarding the convicted Ms Yulia Tymoshenko
During the time Yulia Tymoshenko spent in the Kachanivska Correctional Colony (No. 54) up to and including 9 May 2012, 21 medical commissions were established, consisting of more than 20 academics, doctors of medical sciences, and candidates of sciences; she refused to undergo medical examinations on 13 occasions.
Furthermore, in accordance with the joint order of the SPS of Ukraine, the Ministry of Health of Ukraine, and the Ministry of Foreign Affairs of Ukraine dated 10.02.2012 No. 69/105/40 “On the Creation of a Medical Council consisting of Foreign Specialists for the Medical Examination of Yulia Tymoshenko and Supporting the Work of this Council on the Territory of Ukraine”, an international medical commission was created, including foreign specialists, which carried out a medical examination of the convicted Yulia Tymoshenko on 14 and 15 February 2012 and provided corresponding recommendations.
It should also be noted that medical staff at the Kachanivska Correctional Colony (No. 54) offered daily medical examinations to the convicted Yulia Tymoshenko, which were rejected by her in the majority of cases. Of 284 instances where a medical examination was offered, 247 were rejected.
All medical examinations regarding the convicted Yulia Tymoshenko were conducted exclusively on the basis of her written consent. The medical examination of the convicted Yulia Tymoshenko was performed by the medical staff of the Kachanivska Correctional Colony (No. 54) and complied with the normative legal acts regulating the procedure for providing medical care to detained and convicted persons.
On 20 April 2012, the board of the Ministry of Health and specialists of the SPSU offered Ms Yulia Tymoshenko to continue her treatment on the premises of the Central Clinical Hospital of Ukrzaliznytsia, in which, according to German specialists, the most favourable conditions for Yulia Tymoshenko’s rehabilitation had been created.
Upon arrival at the hospital on 21 April 2012, the convicted Yulia Tymoshenko refused to undergo a primary and general medical examination and to begin a course of rehabilitation measures.
In April 2012, in connection with the convicted Yulia Tymoshenko’s refusal to sign informed consent for a primary medical examination and medical intervention, she was discharged from the hospital and transferred back to the Kachanivska Correctional Colony No. 54.
On 4 May 2012, after a course of rehabilitation measures for Yulia Tymoshenko was proposed by German and Ukrainian doctors, she verbally agreed to undergo this course at the Central Clinical Hospital of Ukrzaliznytsia under the supervision of specialists from the German clinic “Charité”.
On 9 May 2012, Ms Yulia Tymoshenko was hospitalised in the aforementioned healthcare institution with the aim of undergoing a course of rehabilitation under the supervision of specialists from the German clinic “Charité”, where she remains to this day.
Regarding the convicted Yuriy Lutsenko
In May 2011, he refused to take food and announced this in writing. This had a negative impact on his overall state of health and led to an exacerbation of his pre-existing chronic illnesses.
During the time spent by Mr Yuriy Lutsenko in the Kyiv SIZO, 14 commissions of high-level professional specialists from the Ministry of Health of Ukraine were established for his examination and treatment; Mr Yuriy Lutsenko refused to be examined by the commission once (28 May 2012). In order to carry out instrumental examinations of Mr Yuriy Lutsenko, he was transported from the SIZO premises to leading clinics in Kyiv eight times.
From 6 to 20 April 2012, Yuriy Lutsenko underwent additional examination at the Kyiv City Emergency Hospital. Based on information provided by specialists from this hospital, Mr Yuriy Lutsenko’s diagnosis remained unchanged.
On 14 June 2012, Yuriy Lutsenko consulted an infectious disease specialist, and a preliminary diagnosis was established, and corresponding recommendations were made. In accordance with the infectious disease specialist’s recommendations and Mr Yuriy Lutsenko’s statement.
On 21 June 2012, he was examined by a dentist at the Kyiv SIZO, who recommended that he consult a dental orthopaedist.
On 26 June 2012, a blood sample was taken for laboratory blood analysis.
On 3 July 2012, he consulted a dental orthopaedist at the Kyiv City Polyclinic dentistry department.
Currently, the convicted Yuriy Lutsenko is receiving all recommended treatment under the supervision of the institution’s medical staff; the state of his health is satisfactory.
Regarding the prisoner Valeriy Ivashchenko
Upon arrival at the Kyiv SIZO, he was examined by doctors, and a corresponding diagnosis was established, and recommendations were made. Observation by a therapist and outpatient treatment were prescribed.
For the examination and treatment of Mr Valeriy Ivashchenko in 2012, 11 commissions of high-level professional specialists from the Ministry of Health of Ukraine were established; Mr Valeriy Ivashchenko refused to be examined by the commission once (11 April 2012). Mr Valeriy Ivashchenko’s personal doctors were twice admitted to the territory of the Kyiv SIZO for consultation.
On 17 January and 7 June 2012, he was transported from the SIZO to the Romodanov Institute of Neurosurgery, where he underwent examination: ENMG, MRI of the lumbosacral spine.
He was transported twice for consultations to the Kyiv City Dental Polyclinic. Mr Valeriy Ivashchenko’s health status was controlled by the medical staff of the Kyiv SIZO and specialists from the Ministry of Health of Ukraine. At present, treatment in a specialised healthcare institution is not mandatory for him.
The provision of medical care to the convicted Yulia Tymoshenko, Yuriy Lutsenko, and the prisoner Valeriy Ivashchenko is carried out in accordance with the legal framework in the field of healthcare in Ukraine.
Regarding paragraph 50
Meetings with relatives and other persons are granted to persons held in pre-trial detention institutions in accordance with Article 12 of the Law of Ukraine “On Pre-trial Detention”. The grounds for refusing to grant a visit must be provided in writing to the person who has arrived for the meeting.
In accordance with the amendments made to the Law of Ukraine “On Pre-trial Detention” and after the entry into force of the Criminal Procedure Code of Ukraine, visits for prisoners will be granted at least three times a month.
Correspondence of prisoners is carried out in accordance with Article 13 of the Law of Ukraine “On Pre-trial Detention”. The administration of a pre-trial detention institution in no way obstructs the sending and receiving of prisoners’ letters. The administration of the SIZO assists prisoners in obtaining necessary documents for the preparation of an appeal to the European Court of Human Rights.
In accordance with the amendments made to the Law of Ukraine “On Pre-trial Detention” and after the entry into force of the Criminal Procedure Code of Ukraine, applications from individuals concerning the judicial challenge of decisions, actions, or inaction of an investigator or prosecutor, or the challenge of an investigator’s decision on selecting a pre-trial detention measure, or the extension of detention, or the application of temporary arrest, or extradition, must be sent by the administration of the pre-trial detention centres to the court determined by law within 24 hours from the moment of their filing.
In accordance with the legislation of Ukraine, telephone calls are not provided for detained persons. At the same time, convicted persons serving a sentence are permitted to make telephone calls without limitation on their number or duration.