Report on the Results of the Monitoring Visit to State Institution ‘Zamkova Penal Colony (No. 58)’
On 12 April 2023, a monitoring group consisting of an assistant to the People's Deputy of Ukraine Kostiantyn Kasai, member of the Public Council under the Ministry of Justice of Ukraine Serhiy Zuikov, assistant to the People's Deputy of Ukraine Yaroslav Yurchyshyn, Kharkiv Human Rights Protection Group (KHPG) programme coordinator Andriy Didenko, as well as journalists from the Information Agency “Poryad z vamy” Oleksiy Yaroslavtsev and “Suspilne” Khmelnytskyi Nelia Shpulak, carried out a routine preventive monitoring visit to the State Institution “Zamkova Penal Colony (No. 58)”.
The previous visit took place on 9 July 2021.
This year’s visit was conducted within the framework of the project “Reducing the Suffering of Prisoners in the Context of the War in Ukraine”, funded by the government of Denmark in partnership with DIGNITY — The Danish Institute Against Torture.
The head of the institution is the Acting Head of the institution, Pavlo Volodymyrovych Druchenko.
General Information
The State Institution “Zamkova Penal Colony (No. 58)” is a maximum-security penal colony for holding men who have committed serious and particularly serious crimes and who have previously served sentences in places of deprivation of liberty. The monitoring group was accompanied by the Deputy Head of the institution for Social-Educational and Psychological Work, Oleksandr Ivanovych Sopranyuk.
According to the administration, there is almost one staff member for every prisoner. During the current year, 27 prisoners have arrived at the institution, 14 of whom were new arrivals. In 2022 and 2023, one prisoner died each year. At the time of the monitoring visit, 3 people were in the disciplinary unit (DU), and 10 were in the enhanced supervision unit (ESU). 8 people are registered as HIV/AIDS positive, 45 are prone to suicide, 50 are prone to self-harm, and 9 are prone to escape. Furthermore, nine individuals are recognised as malicious violators of the prison regime.
During 2022, 85 complaints were recorded regarding inappropriate conditions of detention and inadequate provision of medical care; during the current year, there have been 25 such complaints. 11 people have disabilities: 3 with group II and 8 with group III.
In 2022, 23 people were released. In the same year, no prisoner was released on parole or transferred to more lenient conditions of serving their sentence.
One person has been released on parole during the current year.
During 2022, 1 case of bodily injury upon arrival was recorded, and 18 cases during the stay in the institution. During the current year, there have been 5 cases that occurred while in the institution. Also, during 2023, special means (handcuffs) were used on a prisoner once.
189 visits using video communication took place in the institution, costing 85 kopecks per minute. During 2022, 31 long-term visits were granted, and 22 have been granted since the beginning of 2023. During 2022, 86 short-term visits were granted through a glass partition, and 241 were contact visits. During the current year, 46 visits have been granted through a glass partition; and 95 were contact visits.
Internet access is provided through 142 tablets held by the prisoners. Internet services cost 60 hryvnias per month. 6,576 telephone calls were made this year.
A section for holding individuals convicted under Article 255 of the Criminal Code of Ukraine has been established in the institution. 6 cells for holding this category of prisoners have been renovated and prepared.
Two psychologists work in the institution.
During the visit, the monitors examined prosecutorial response acts, logs, resolutions, and other documents related to the institution’s operations.
Production in the colony has been liquidated since July 2022. The workshops are operational.
According to the institution’s management, the main problem is the lack of funding for repair work. The colony building is an architectural monument.
Prisoners using tablets with internet access have restrictions on visiting websites specified by the Ministry of Justice. The KHPG website is inaccessible to prisoners.
Medical Unit
The Head of Medical Unit No. 58 of the branch of the State Institution “Centre for Healthcare of the State Penal Service of Ukraine” in the Khmelnytskyi region (hereinafter referred to as the Medical Unit) is Vasyl Vasylovych Bondar.
During the visit, the monitoring group freely inspected the premises of the medical unit, familiarised themselves with the conditions for providing medical care to prisoners, and had access to medical documentation.
The medical unit’s inpatient facility has the following:
- 4 wards for somatic patients, designed for 8 beds;
- an infectious disease isolation ward, which has 2 rooms, designed for 4 beds.
An infectious disease specialist is not provided for in the staffing table.
There is no isolation ward for the mentally ill.
On the day of the visit, the following positions were filled in the medical unit:
- Head of the medical unit — doctor — 1 position;
- General practitioner — 0.5 position;
- Dentist — 0.5 position;
- Radiologist — 0.5 position;
- Paramedic (feldsher) — 4.5 positions;
- Dental nurse — 0.5 position;
- Pharmacy assistant — 0.5 position;
- Laboratory assistant — 0.5 position;
- Junior medical nurse — 0.5 position.
Vacant positions:
- General practitioner — 0.5 position;
- Senior paramedic — 1 position.
Dispensary monitoring is conducted for 13 patients with tuberculosis (5.1), 26 mentally ill patients, and 8 HIV-positive individuals (8 people are receiving ART therapy).
Since the beginning of 2023, seven immunological (CD4) and seven virological (viral load) examinations have been conducted.
11 individuals with disabilities are registered. Of these, 3 are group II; 8 are group III.
According to information provided by the head of the medical unit, there were no patients in the inpatient ward on the day of the monitoring visit.
During the monitoring visit, shortcomings were identified in the operation of Medical Unit No. 58 that lead to the violation of the rights of prisoners in the State Institution “Zamkova Penal Colony (No. 58)”, in particular, the following.
In violation of the “State Sanitary and Anti-Epidemic Rules and Norms for Handling Medical Waste”, approved by Order of the Ministry of Health of Ukraine dated 08.06.2015 No. 325, the branch of the State Institution “Centre for Healthcare of the State Penal Service of Ukraine” in the Khmelnytskyi region has not concluded an agreement with a specialised institution for the disposal of medical waste, due to which proper collection, sorting, and disposal of medical waste have not been organised in the medical unit since the beginning of 2023.
Violation of the rights of prisoners and detainees to receive primary, secondary, and tertiary medical care
In accordance with the requirements of paragraph 7 of part 1 of the Resolution of the Cabinet of Ministers of Ukraine dated 27.12.2022 No. 1464 “Some Issues of Implementing the Programme of State Guarantees of Medical Services for the Population in 2023”, the National Health Service of Ukraine (NHSU) pays for medical services provided based on paper referrals for patients held in penal institutions or remand centres of the State Penal Service, until healthcare facilities of the State Penal Service are technically capable of issuing electronic referrals. However, due to the lack of signed declarations with a primary care physician, prisoners are unable to receive the necessary medical services funded by the NHSU, which leads to a violation of the requirements of paragraphs 4 and 5 of Article 4 of the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Healthcare”.
Violation of the rights of prisoners and detainees during primary and preventive medical examinations
During the study of medical documentation, it was established that according to the “Log of Registration of Results of Preventive Medical Examinations in the Medical Unit of Zamkova Penal Colony (No. 58)”, a medical examination of 70 people had been conducted during the current year. The medical examination was conducted by a general practitioner, who holds the position according to the staffing table, as evidenced by the doctor’s signature of the relevant specialty in the log. At the same time, in violation of clause 6, chapter III, section II of the “Procedure for Organising the Provision of Medical Care to Prisoners Sentenced to Deprivation of Liberty”, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572 (hereinafter — the Procedure), three prisoners who underwent a preventive medical examination back in early March lack their dates of birth, recommendations, and the doctor’s signature, which are registered in the “Log of Registration of Results of Preventive Medical Examination”, the form of which is provided in Appendix 4 to the Procedure. Furthermore, in the “Log of Registration of Results of Preventive Medical Examination in the Medical Unit of Zamkova Penal Colony (No. 58)”, the date of the examination and the diagnosis are specified for these individuals, which indicates that the preventive medical examination is carried out formally, likely without the presence of the prisoners.
In addition, according to clause 2, clause 3, chapter III, section II of the “Procedure for Organising the Provision of Medical Care to Prisoners Sentenced to Deprivation of Liberty”, a general practitioner (or a general practice/family doctor), a psychiatrist, and a dentist must participate in the preventive medical examination. The absence of a psychiatrist on the medical unit staff indicates the incompleteness of the primary and preventive medical examination.
It should also be noted that entries in the “Log of Registration of Results of Preventive Medical Examination in the Medical Unit of Zamkova Penal Colony (No. 58)” are made only by the general practitioner.
Violation of prisoners’ right to psychiatric care
Dispensary monitoring is provided for 26 individuals with mental disorders. At the same time, the staffing table does not provide for the position of a psychiatrist. Thus, Medical Unit No. 58 is not provided with a doctor of the appropriate specialty, which leads to a violation of the requirements of Article 25 of the Law of Ukraine “On Psychiatric Care”, and because of this, prisoners suffering from mental and neurological disorders do not receive the necessary medical care.
In violation of clause 8 of part 5, chapter 2 of the Procedure for Organising the Provision of Medical Care to Prisoners Sentenced to Deprivation of Liberty, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572, there is no isolation ward in the inpatient facility for individuals with mental disorders for prisoners who pose a danger to others.
Violation of the rights of persons with disabilities (Article 9 of the UN Convention on the Rights of Persons with Disabilities)
Dispensary monitoring is conducted for 11 individuals with disabilities. Of these, 3 are group II; 8 are group III. At the same time, in violation of the requirements of the Law of Ukraine “On the Rehabilitation of Persons with Disabilities in Ukraine”, persons with disabilities do not receive proper diagnostic, treatment, and rehabilitation measures, despite evidence confirming a persistent impairment of body functions caused by illnesses or consequences of injuries that cause limitations in normal daily life.
During the study of the prisoners’ medical documentation, it was established that individual rehabilitation programmes for such persons are not available for all of them, and the recommendations of the individual rehabilitation programmes are not implemented, due to which they do not receive proper diagnostic, treatment, and rehabilitation measures, despite evidence confirming persistent impairment of body functions caused by illnesses and consequences of injuries, which cause limitations in normal daily life.
Furthermore, in violation of the requirements of State Building Norms of Ukraine V.2.2-17:2006 “Buildings and structures. Accessibility of buildings and structures for low-mobility groups of the population”, no conditions have been created in the Institution for holding persons with disabilities (ramps, handrails, etc., are absent).
Violation of the rights of persons with viral hepatitis C
During 2023, 34 people were tested for viral hepatitis C using rapid tests in the medical unit, 10 of whom were suspected of having the disease. At the same time, in violation of the requirements of the Standards of Medical Care for HCV in Adults, approved by the order of the Ministry of Health of Ukraine dated 15.01.2021 No. 51, persons suspected of having viral hepatitis C do not undergo PCR testing, due to which they do not receive the necessary treatment, which may lead to a deterioration of their health and the spread of this infectious disease among prisoners and detainees.
Violation of the prisoners’ right to proper dental care
In violation of the requirements of the Equipment Table for a workstation for a dentist and dental technician, approved by the order of the Ministry of Health of Ukraine dated 11.04.2005 No. 158, there is no dental X-ray machine in the medical unit, which makes it impossible to conduct an in-depth dental examination and does not ensure the timely provision of proper dental care to detainees and prisoners.
Expired medical products
In violation of clause 2 of clause 5 of section I, clause 4 of clause 5 of section III, clause 1 of clause 6 of section IV of the Rules for Storage and Quality Control of Medicinal Products in Healthcare Facilities, approved by the order of the Ministry of Health of Ukraine dated 16.12.2003 No. 584, monitors recorded expired filling material in the dental office in Medical Unit No. 58 of the branch of the State Institution “Centre for Healthcare of the State Penal Service of Ukraine” in the Khmelnytskyi region during the visit.
Improper maintenance of medical documentation
During the current year, 5 cases of bodily injuries were recorded in the log of registration of bodily injuries. During the study of medical documentation, it was established that the outpatient medical cards 025/o lack reports and photographs of the injuries sustained, as provided for in clause 3 of section I, chapter II of the joint Order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572 “On Approval of the Procedure for Organising the Provision of Medical Care to Prisoners Sentenced to Deprivation of Liberty”.
At the same time, in violation of the order of the Centre for Healthcare of the State Penal Service of Ukraine dated 29.10.2021 No. 318-OD “On Approval of the Card for Primary Fixation of External Injuries, instructions for its completion, and the form of the log of registration of identified bodily injuries”, the number of the card of the prisoner who received injuries on 16.03.2023 is missing; this should correspond to the serial number of the patient’s registration specified in the “Log of Registration of Identified Bodily Injuries”.
DU/ESU
At the time of the monitoring visit, three people were serving sentences in the disciplinary unit (DU).
Monitors familiarised themselves with the documentation regarding disciplinary penalties and had the opportunity to speak with the prisoners.
Prisoner O. received 12 days for refusing a two-hour work shift for the improvement of the colony, in accordance with Article 118 of the Penal Execution Code of Ukraine. There are almost no personal belongings in the cell. There are no books, paper, pens, or basic necessities.
Prisoner P. received 12 days because an empty syringe was found in his possession. Previous disciplinary penalties were also in the form of the DU for refusing the two-hour work shift.
Prisoner T. received 5 days due to a conflict situation.
Drinking water in the cells is collected from the tap.
10 people were held in the Enhanced Supervision Unit (ESU).
Prisoner V. has been in an ESU cell for about three years. He has a tablet and the ability to use the internet. It is cold in the ESU cell; the temperature on the thermometer is 14 degrees.
Prisoner K., born in 1962, complained that his relatives are in the temporarily occupied territories and he cannot contact them.
ESU section for prisoners under Article 255 of the Criminal Code of Ukraine
Section for holding individuals convicted under Article 255 of the Criminal Code of Ukraine. 5 cells have been specially equipped and renovated. 5 prisoners are held there. It is cold in the cells.
Prisoner P. complains that the institution’s administration artificially creates disciplinary offences so that he cannot be released upon the expiry of his term. Under Article 118 of the Penal Execution Code of Ukraine, he is offered to go and clean other premises as a two-hour work shift for improvement. The prisoner refuses, arguing that he is “held in a cell and is ready to carry out improvement in his cell, not anywhere else”. Such actions are regarded by the administration as a violation of the penal regime.
Prisoner T. ended up in an ESU cell because he also refused to clean publicly in accordance with Article 118 of the Penal Execution Code of Ukraine; he believes it is a humiliation of honour and dignity; he is ready to clean his own cell but does not agree to clean publicly with a video recording.
Prisoner R. has also been held in an ESU cell for about 3 years for refusing to clean publicly.
Prisoner E. noted that he is being held in an ESU cell because he systematically complains to the prosecutor's office and other state bodies about human rights violations occurring in the institution.
Multi-bed cells for life-sentenced prisoners
Life-sentenced prisoners have their own tablets with internet access.
The cells have multicookers and electric kettles.
Prisoner V. complained that he does not have the opportunity to contact relatives who are in the temporarily occupied territories. In these areas, communication is only possible via Viber, but the institution’s administration does not provide such an opportunity.
Some premises are in need of repair.
Resocialisation sections
There are four resocialisation departments operating in the Institution.
Seven life-sentenced prisoners, after being in multi-bed cells, were transferred to a resocialisation section and are held together with prisoners serving a fixed term.
Repairs have been completed in the premises, taking into account individual space for prisoners.
The prisoners have their own tablets and pay 60 hryvnias per month for the internet.
Canteen/Kitchen block
Eight prisoners work in the canteen. Seven people are employed under employment contracts.
A reserve field kitchen is available in case of power outages.
Project “The Fight for Life”
Within the framework of the project “The Fight for Life”, 4 interviews were recorded with life-sentenced prisoners who claim that they did not commit the crimes and were convicted unfairly.
