The Penal Enforcement System of Ukraine in 2016

© “Donetsk Memorial”

General Information

In the places of detention within the penal enforcement system of Ukraine on territory controlled by the Ukrainian authorities—that is, excluding institutions in Crimea and the occupied parts of the Donetsk and Luhansk regions—according to data provided by the Ministry of Justice of Ukraine (hereinafter – the MoJ), as of 1 January 2017, there were 60,399 people (figures in parentheses hereafter refer to the status as of 1 January 2016, when there were 69,997 people). Over the year, the number of people in places of detention decreased by 9,598, or by -13.71%.

Trends in the number of people in penal enforcement system institutions over the last few years are shown in Table 1.

Table 1

* Estimated data, taking into account institutions in the occupied territory of the Donbas.

The number of prisoners per 100,000 of the population in Ukraine is 142; a year ago, it was 164. This figure is calculated based on an estimate of the population excluding Crimea.

The number of convicted persons in 2016 decreased from 53,034 to 43,727 in 113 penal institutions for adults, i.e., by 9,307, or by -17.5%. The number of convicted persons, including those in educational colonies, totalled 44,031 as of 1 January 2017.

According to the MoJ, in 2016, 25,085 people were released from penal institutions (21,206 in 2015), including 9,244 released on parole (a year ago – 10,336) out of 22,464 who formally met the criteria for parole. This accounts for 41.15% of those formally eligible for parole (a year ago – 47.2%, two years ago – 53.5%).

Trends in the changes in the total number of persons in detention and some categories thereof during 2014–2016 are shown in Table 2.

Table 2.

Remand Prisons

As of 1 January 2017, 16,368 people were held in custody in 12 operating remand prisons and 17 penal institutions functioning as remand prisons (former remand prisons – Author) (a year ago – 16,615; two years ago – 16,035), including 924 women (a year ago – 926; two years ago – 833) and 159 minors (192). Thus, over the last two years, the number of persons held in custody has remained relatively stable, decreasing by 247 over the past year, or by -1.5%.

In 2016, 8,365 people were released from remand prisons (the year before – 6,700). Among the main reasons for release from remand prisons during 2016 were: a change in the preventive measure to a more lenient one – 3,666 (1,879); the imposition of a prison sentence, but for a relatively short term—as a rule, a period already served while in custody – 2,602; and the imposition of non-custodial sentences – 1,347.

Trends in the changes in the number of each category of persons released from remand prisons over the last few years are shown in Table 3.

Table 3

Medical Aspects

During 2016, 523 people died in penal institutions, including 126 in remand prisons. The number of suicides while in all places of detention was 60, including 17 in remand prisons. As evidenced by the data in Table 4, the mortality and suicide rate per 1,000 prisoners increased significantly in 2016.

Despite a decrease in the absolute number of HIV-positive individuals, the number per 1,000 prisoners continues to rise.

The number of tuberculosis patients has remained virtually unchanged over the last few years.

Table 4

As of 1 January 2017, there were 1,255 people with disabilities in penal institutions, whereas at the beginning of the year there were 1,428.

Probation Services

As of 1 January 2017, 72,979 persons convicted of criminal offences not involving deprivation of liberty, and those subject to administrative penalties, were registered with 589 units of the penal enforcement inspection (see Table 2). Of these, 5,883 were subject to administrative penalties in the form of community service, and 5 in the form of correctional labour.

Women, Minors, Life-sentenced Prisoners

The number of convicted women serving sentences in penal institutions is 2,230 (a year ago – 2,796).

In six educational colonies for minors, 304 people are serving sentences (348 a year ago, 442 – two years ago), including 174 under the age of 18 (a year ago – 222, two years ago – 282).

The number of life-sentenced prisoners in state-controlled institutions, according to the MoJ, was 1,579 as of 1 January 2017, including 22 women (a year ago – 1,536). As of 1 September 2014, there were 1,909 life-sentenced prisoners.

Work, Complaints

The number of able-bodied persons in penal institutions as of 01.01.2017 totalled 28,556 (a year ago – 32,095, three years ago – 63,803), of whom 13,482 were employed (as of 01.09.2016), which constitutes 47.2% of the number of able-bodied persons (a year ago – 48.5%) and 30.6% of the total number of all convicted persons (a year ago – 30.0%). The average salary of those employed as of 01.09.2016 was 666.8 UAH (in 2015 – 547.9 UAH per month).

As reported by the Ministry of Justice, in the period from 03.10.2016 to 30.12.2016, 134 complaints from convicted persons and their relatives were reviewed (MoJ letter No. 1900/PI-YuR-70/3/23 dated 19.01.2017). It is also known that during the first half of 2016, 56 complaints were received by the penitentiary service headquarters, of which two were upheld.

Application of the “Savchenko Law”

On 24 December 2015, the Law of Ukraine “On Amending the Criminal Code of Ukraine (regarding the improvement of the procedure for the court’s crediting of the term of preliminary detention towards the term of punishment)”, the so-called “Savchenko Law”, entered into force. The Law stipulates that one day spent in a remand prison, in the case of a guilty verdict, must be credited as two days in a colony (http://www.pravda.com.ua/news/2015/12/23/7093445/).

The progress of the law’s application in the first months of 2016 is reflected in the table below.