The Penal Enforcement System of Ukraine in 2017: A Statistical Review

(an excerpt from the report “Observance of Prisoners’ Rights in Ukraine in 2017”)

© “Donetsk Memorial”

In the places of detention within Ukraine’s penal enforcement system 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 to “Donetsk Memorial” by the Ministry of Justice of Ukraine (hereinafter – the MoJ), 57,100 people were being held as of 1 January 2018 (letter from the MoJ without number or date; figures in parentheses hereafter refer to the status as of 1 January 2017, when there were 60,399 people). Over the year, the number of people in places of detention decreased by 3,299 (9,598 people), or by -5.46% (-13.71%).

The trends in the number of people in penal enforcement system institutions over the last ten years are shown in the following table (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 135 (142). This figure is calculated based on the population of Ukraine, which, according to the State Statistics Service of Ukraine, was 42,403,000 citizens as of 1 December 2017, excluding Crimea.

As of 1 January 2018, 17,587 people were being held in custody in 12 operating remand prisons (pre-trial detention centres) and 17 penal institutions functioning as remand prisons (former remand prisons – Author), compared to 16,368 people a year ago. This includes 958 women (924 a year ago) and 133 minors (159 a year ago). Thus, the number of people held in custody increased by 1,219 over the year (the previous year it had decreased by 247), or by +7.45% (-1.5%).

In 2017, 2,745 people were released directly from remand prisons without being transferred to penal institutions (last year this figure was 8,365).

Among the main reasons for the release of individuals from remand prisons during 2017 were: a change in the preventive measure to a more lenient one – 1,251 people (3,666 previously); the imposition of a prison sentence, but for a relatively short term—as a rule, a period that the person had already served while in custody – 572 people (2,602 previously); the imposition of non-custodial sentences – 381 people (a year ago, 1,347); and the termination of cases by courts or acquittal – 11 people (77 previously).

Statistical data regarding the reasons for release from remand prisons in recent years are provided in Table 2.

Table 2

The number of convicted persons in 2017 decreased from 44,031 to 39,513 in 113 penal institutions for adults and 6 educational colonies for teenagers—a decrease of 4,518 people (9,307 people), or -10.3% (-17.5%).

Of these, 146 people are serving sentences in educational colonies for minors (a year ago, 304 people), including 86 individuals under the age of 18 (a year ago, 174).

In the 11 colonies for women, there are 1,896 women (a year ago, there were 2,230).

The number of life-sentenced prisoners in institutions controlled by the authorities was 1,572 as of 1 January 2018 (a year ago, 1,579), including 22 women. Over the year, the number of life-sentenced prisoners decreased by 7. Given that 21 people were sentenced to life imprisonment in 2017, the fact that their total number decreased requires closer study. It is worth adding that as of 1 September 2014, there were 1,909 life-sentenced prisoners in Ukraine.

The distribution of life-sentenced prisoners by region as of May 2016 and November 2017 is shown in Table 3.

Table 3

Life-sentenced prisoners are held in two prisons in Zhytomyr and Vinnytsia, as well as in specially equipped blocks within certain correctional colonies. Sometimes, before being sent to such institutions, they are held for a certain period in remand prisons.

According to the MoJ, in 2017, 17,681 people were released from penal institutions (last year, 25,085), including 6,314 people released on parole (last year, 9,244) out of a total of 16,522 people who formally met the criteria for parole. This represents 38.22% of those formally eligible for parole (a year ago, 41.15%; two years ago, 47.2%; three years ago, 53.5%).

The number of able-bodied individuals in penal institutions as of 1 January 2018 was 24,483 (a year ago, 28,556), of whom 9,588 were employed (in September 2016, 13,482). This constitutes 39.1% of the able-bodied population (compared to 47.2% on 1 January 2017) and 24.3% of the total number of convicted persons (a year ago, 30.6%). The average salary of those employed was 1,428.2 UAH per month (as of 1 September 2016, 666.8 UAH per month).

As of 1 January 2018, 57,295 people were registered with authorized probation bodies (a year ago, 72,979).

The level of morbidity, mortality, and the number of suicides in the department’s institutions can be considered indicators of the complexity of problems in the medical sphere and the provision of medical services.

During 2017, 568 people died in penal institutions (523 the previous year), including 164 in remand prisons (126 previously). The number of suicides in all places of detention in 2017 was 46 (60 previously), of which 13 occurred in remand prisons (17 previously).

The number of prisoners suffering from tuberculosis at the end of 2017 was 1,356, including 273 in remand prisons (a year ago, 1,850). Calculated per 1,000 prisoners, the number of such patients decreased from 30.63 to 23.75 in 2017.

The number of HIV-positive individuals in 2017 increased from 3,730 to 3,830, including 975 in remand prisons, and, per 1,000 prisoners, from 61.76 to 67.08.

The trends for these indicators over the last eight years are shown in Table 4.

Table 4

Morbidity and mortality in the Department's institutions in 2003 and 2010–2017

As of 1 January 2018, 1,153 individuals with disabilities were held in penal institutions (1,255 previously).

Medical care for convicted persons and those in custody is provided by 18 departmental hospitals (8 for tuberculosis, 9 multi-specialty, and 1 psychiatric medical facility) and 114 medical units in penal institutions and remand prisons.

As reported by the Ministry of Justice, 432 complaints from convicted persons and their relatives were reviewed in 2017, of which 23 were confirmed.

During 2017, the Ministry of Justice did not adopt any decisions to terminate the activities of or reorganize (close) any penal institutions of the State Penal Enforcement Service.

An indicator of the significance the department's management attaches to the fight against corruption is the fact that there is a corresponding section on the agency's website containing information about the status of work regarding the staff's compliance with anti-corruption legislation. However, the latest material in this section is dated mid-2015. Consequently, any information about anti-corruption measures within the department for 2016–17 is entirely absent from the website (http://www.kvs.gov.ua/peniten/control/main/uk/publish/category/627427).

Detained persons are also held within some other departments. Under the authority of the Ministry of Defence of Ukraine, one disciplinary battalion and various guardhouses function, the number of which was not reported as of 1 January 2018 (in 2015, there were 19 guardhouses).

According to the Ministry of Defence of Ukraine, at the beginning of 2017, 60 servicemen were serving sentences in the disciplinary battalion. During the year, 42 convicted persons were admitted to the battalion for punishment, and 90 people were released, so at the end of the year, 12 remained there.

At the beginning of the year, 50 people were held in custody in guardhouses; during the year, 188 people were placed there, and 189 were released. At the end of the year, 49 servicemen remained in the guardhouses (letter from the Ministry of Defence of Ukraine No. 306/3/399 dated 19 January 2018).

The Security Service of Ukraine (SBU) operates one remand prison in Kyiv to hold persons suspected of preparing or conducting intelligence-subversive or terrorist activities, as well as other crimes whose investigation falls under the competence of SBU bodies. The capacity of this facility is 48 people. As of 1 January 2018, 18 people were held there (16 the previous year), and a total of 134 people passed through it during 2017 (108 the previous year). (SBU letter No. 23/68 dated 17 January 2018).

Children under the age of 14 who have committed criminal offences are sent to schools and vocational colleges of social rehabilitation. These institutions are under the jurisdiction of the Ministry of Education and Science of Ukraine.

According to this Ministry (letter No. 2.1-278 dated 5 February 2018), 21 children are currently in such institutions (a year ago – 24 children, two years ago – 44, three years ago – 120), specifically:

In the Kamyshuvakha school of social rehabilitation for boys, Zaporizhzhia region (capacity 160) – 6 boys (8 previously), all for theft.

On the premises of the Balakhivka school of social rehabilitation for boys, Kirovohrad region (capacity 180), in accordance with the Order of the Ministry of Education and Science of Ukraine No. 915 dated 7 August 2014, the Makiivka vocational college of social rehabilitation for boys is temporarily housed. It currently holds 15 children, including: for murder – 1, armed robbery – 1, robbery – 6, theft – 9, fraud – 1, and illegal seizure of a vehicle – 3. It is worth noting that some of the boys are in the college for several types of offences.

It is also reported that the Ministry issued Order No. 1211 dated 21 August 2017 “On the reorganization of the vocational college of social rehabilitation in Okhtyrka”. It previously held girls and had a capacity of 160 people, but in 2016, only three girls were held there.