Report on the Results of a Monitoring Visit to the Kharkiv Pre-Trial Detention Centre

The State Institution "Kharkiv Pre-Trial Detention Centre" is a closed-type facility that performs law enforcement and legal enforcement functions. The pre-trial detention centre houses:

• Persons for whom a court decision has selected detention in custody as a preventive measure, or to whom temporary or extradition arrest has been applied.
• Convicted persons whose sentences have not entered into legal force and for whom detention in custody has been selected as a preventive measure.
• Persons sentenced to imprisonment who have been left for work on facility maintenance.
• Convicted persons held in transit cells.
• Three persons sentenced to life imprisonment who are appealing court decisions.

The facility has separate buildings for investigative activities, the housing of women and minors, male pre-trial detainees, and maintenance staff. For three years, the facility has operated a practice of online consultations for prisoners with lawyers from the Centre for Free Legal Aid. During the visit, monitors interviewed 97 people. The facility operates IP telephony.

Historical Background

In 1848, a prisoner company of the civil administration was opened in the city of Kharkiv. In 1903, most of the buildings of the current pre-trial detention centre were constructed. A school for prisoners operated within the Kharkiv correctional-detention ward. It was founded back in 1890, and classes were held in one of the cells. The beginning of the 20th century was a time of revolutionary upheavals, which left its mark on the history of the Kholodnohirska Prison of that time.

In December 1905, an armed uprising was prepared in Kharkiv. After its defeat, some of its most active participants were arrested. They served their sentences in the Kharkiv correctional-detention ward.

From 1941 to 1943, during the period of German occupation in the Second World War, a sinister complex existed here — the city prison of the Kharkiv Gebietskommissariat (regional commissariat) and "Kriegsgefangenen-Stalag-364" (City Prisoner of War Camp No. 364), where the medical team of Professor Oleksandr Mieschaninov and underground prisoner resistance fighters performed daily feats. After the Second World War, the Ministry of Internal Affairs investigative prison and "PromVTK-1," which belonged to "GlavPromStroy of the USSR GULAG," were located on this territory. In 1949, this territory was divided into local sectors with their own gates, towers, and security means (the modern territory of the Kholodnohirska Correctional Colony No. 18 and the pre-trial detention centre).

General Section

According to the facility management, at the time of the monitoring visit, 1,686 people were being held in the facility in 202 cells. Of these, 15 cells are for convicted persons, eight are transit cells, and two are for persons working on facility maintenance. The facility is designed for 2,102 people. During 2023, 16,815 people arrived at the facility.

Twenty-six people are employed in maintenance work with an average monthly salary of 6,700 hryvnias. Eight people were held in solitary confinement. During 2022, 15 people died; in 2023, nine people died. Eight people were undergoing treatment in the medical unit. Twenty-seven people are prone to suicide. In 2022, there were five cases of suicide; in 2023, there was one case. Thirty-two prisoners are prone to self-harm, and eight are prone to escape. Three psychologists work at the facility.

During 2022, two complaints regarding inadequate detention conditions and improper provision of medical care were registered; in 2023, there were four such complaints. During 2022, 61 calls for medical assistance were made; in 2023, there were 53 calls. In 2022, 323 cases of bodily injuries were recorded upon arrival at the facility, and 32 cases during the stay in the facility. In 2023, there were 670 cases upon arrival and 40 cases during the stay in the facility.

Ten convicted persons possess tablets for their own use, three of whom are minors. During 2022, there were 217 short-term contact visits; in 2023, there were 1,725. There is a staff shortage of 20 employees at the facility. During 2023, there were 1,126 phone calls.

Prior to the visit, a request for public information was sent to the facility management regarding the number of appeals from convicted persons sent during 2022-2023 to the Ukrainian Parliament Commissioner for Human Rights, the Prosecutor's Office in sealed form, other state bodies, and human rights organisations, as well as the number of responses to these appeals. The responses received indicate that there are no obstacles in the facility to sending and receiving correspondence, including in sealed form.

During 2022, 65 appeals were sent from prisoners to the Ukrainian Parliament Commissioner for Human Rights in sealed form; in the first half of 2023, there were 16 such appeals. During 2022, 30 responses were received from the Human Rights Commissioner; in 2023, 15 responses were received. There were 556 appeals to the Prosecutor's Office during 2022, and 262 in 2023. In 2022, 192 letters were received from the Prosecutor's Office; in 2023, 143 letters. One appeal was sent to human rights defenders in 2022, and zero in 2023.

During the visit, the monitoring group examined documentation related to the facility's operations, inspected the posts of the collection unit, the cells for holding pre-trial detainees and convicted persons, those sentenced to life imprisonment, cells for holding women, minors, transit cells, maintenance facilities, exercise yards, and the premises of the medical unit for their compliance with the requirements of Ukrainian legislation and international standards.

The head of the facility is Colonel of the Internal Service Yevhen Mykolaiovych Bartoshchak. The monitors were accompanied by representatives of the regime and security department staff, as well as the social, educational, and psychological work department.

Kharkiv Municipal Medical Unit No. 27 of the Branch of the State Institution "Health Care Centre of the State Criminal-Executive Service of Ukraine" in Kharkiv and Luhansk Regions

The head of the Kharkiv Municipal Medical Unit No. 27 is Tetiana Solodka.

Kharkiv Municipal Medical Unit No. 27 holds a license to carry out business activities in medical practice.

The staffing table provides for 37.5 positions. 8.5 positions remain vacant.

If necessary, specialists from the medical institutions of the branch of the Health Care Centre of the State Criminal-Executive Service of Ukraine in Kharkiv and Luhansk regions and specialists from territorial medical institutions of the Ministry of Health are involved for additional examinations and consultations. For additional examinations that cannot be conducted in the conditions of Kharkiv Municipal Medical Unit No. 27, and for the provision of specialised inpatient medical care, patients are referred to healthcare institutions in Kharkiv from an established list.

During the visit, the monitoring group identified shortcomings in the work of the Kharkiv Municipal Medical Unit No. 27 that lead to violations of the rights of convicted persons and persons held in custody at the SI "Kharkiv Pre-Trial Detention Centre," in particular:

1. Violation of the rights of convicted and detained persons to medical care. Violations during preventive medical examinations and medical check-ups

1.1 The vacant position of a general practitioner indicates the incompleteness of primary and preventive medical examinations.

1.2 The monitoring group identified person K., who, according to medical documentation, was hospitalised on 18 December 2023. The man was in a ward in a lying position, unable to care for himself. He expressed complaints about improper treatment and a lack of nappies. Medical staff noted that the problem with providing this patient with hygiene products had been ongoing for over a week. During a confidential interview, it was established that due to a shortage of medical personnel, care for this person is provided by another convicted person who is undergoing inpatient treatment. At the same time, the European Committee for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment has repeatedly recommended ending the practice of using convicted persons in medical units as assistants and orderlies.

1.3 Instead of a diagnosis, recommendations, the doctor's name and surname, and their signature, which are recorded in the "Journal of Registration of Results of Preventive Medical Examinations," a telemedicine code is noted, which indicates the improper conduct of preventive examinations.

1.4 Due to the absence of signed declarations with a primary care physician, convicted persons do not have the opportunity to receive necessary medical services funded by the National Health Service of Ukraine.

2. Violation of the right to proper psychiatric care

2.1 The monitoring group identified a person with mental disorders who was undergoing inpatient treatment in a ward/cell for somatic patients together with other convicted persons. According to paragraph 43 of the recommendations of the European Committee for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment, a mentally ill prisoner should be held and cared for in a medical facility with sufficient equipment and properly trained personnel. For example, in an ordinary civilian psychiatric hospital or a specially equipped psychiatric facility within the penitentiary system.

2.2 It was established that the inpatient medical record No. 003/o lacks the patient's signed informed consent for a psychiatric examination.

2.3 The isolation ward for persons with mental disorders is not properly equipped: there is no supply and exhaust ventilation; the sanitary facility is not equipped with a door, which violates the right to privacy; there is no tank with boiled drinking water.

3. Violation of the right of convicted and detained persons to information about their health, violation of the right of convicted persons to choose treatment methods, and improper record keeping

3.1 The medical unit has not organised the provision of opioid substitution therapy (hereinafter — OST) for persons with mental and behavioural disorders resulting from opioid use. Drug-dependent persons are not provided with social-psychological support, cognitive-behavioural therapy (CBT), relapse prevention, motivational interviewing, self-help groups, etc.

3.2 During the study of medical documentation, it was established that in the outpatient medical records 025/o, photographs of existing bodily injuries are not attached to the compiled medical reports.

3.4 In the medical unit, a "Control Card of Dispensary Observation of an HIV-infected Person" No. 030-5/0 has not been created for all HIV-infected persons.

3.5 During the inspection of the solitary confinement cells, monitors established that when a convicted person is placed in a solitary confinement cell, it is standard practice to attach a medical certificate to the file, according to the conclusion of which the convicted person is fit to be held in the solitary confinement cell for health reasons. This means that facility staff possess confidential information regarding the health status of convicted persons who are in solitary confinement. This violates the requirements regarding the right of persons to the confidentiality of their health status.

4. Lack of equipment, medical products, and medicinal products in the medical unit

4.1 The medical unit lacks a dental X-ray machine, which makes it impossible to conduct in-depth dental examinations of convicted persons and does not ensure the timely provision of proper dental care.

4.2 During an inspection of the defibrillator's functionality, it was established that the electrodes were missing.

4.3 Convicted persons do not receive hospital property (hospital suit, gown, and shoes). Convicted persons are in the inpatient ward in their everyday clothes, sometimes with their own bed linen.

4.4 During an inspection of the first aid kit, expired medicinal products were found.

4.5 There is no hot water supply in doctors' offices, and the workplaces of medical staff do not meet the requirements of current legislation.

5. Improper storage of medicines received from relatives

5.1 In the medical unit, there is no separate cabinet for storing medicines from relatives.

5.2 In the medical documentation (medical record No. 025/o or No. 003/o), there are no statements from the relatives of convicted persons or other individuals regarding the transfer of medicines or medical products, or they are stored separately.

6. Failure to comply with infection control and epidemiological surveillance

The medical unit is equipped with only one isolation ward for infectious patients, which makes it impossible to simultaneously place patients with dangerous infectious diseases separately from one another and from other convicted persons.

7. Violation of the rights of persons with disabilities (Article 9 of the UN Convention on the Rights of Persons with Disabilities)

7.1 Dispensary observation is carried out for 21 persons who have disabilities. Of these, Group II — three persons; Group III — 18 persons. Persons with disabilities do not receive proper diagnostic, treatment, and rehabilitation measures despite the existence of information confirming persistent impairment of body functions caused by diseases or the consequences of injuries, which cause restrictions on normal life activity. Not all persons with disabilities have individual rehabilitation programmes (hereinafter — IRP). Furthermore, the recommendations of the IRP are not being fulfilled.

7.2 Conditions for housing persons with disabilities have not been created in the facility (there are no ramps, handrails, etc.).

8. Violation of fire safety rules

8.1 The premises of the medical unit are not equipped with fire extinguishing systems or fire alarms.

8.2 The doctors' office and X-ray room are not equipped with fire extinguishers.

Collection Unit

Persons who are brought to the pre-trial detention centre undergo a search procedure, fingerprinting, photography, measurement of weight and height, as well as a medical examination.

For this period (up to two hours), they are placed in the cells of the collection unit. There are 11 such cells in the facility, five of which have been renovated. There are tanks with drinking water available.

Investigative Offices

Video conferences take place in the investigative offices. The premises are equipped with a panic button.

Room for IP Telephony

There is an Orthodox church located on the facility's grounds.

Cells

In total, 123 women are held in the facility. In cell No. 419, there were 14 women. The cell is equipped with 24-hour video surveillance. The beds in the cell are placed close together, which violates the right to privacy.

In the transit cells for holding women, the convicted persons T., K., and S. lodged complaints regarding human rights violations in the Nederzhynska Correctional Colony No. 65, where they are serving their sentences. During visits, we recorded human rights violations in that institution, namely the right to communicate with the outside world and the right to challenge the unlawful actions of the administration.

The transit cells are in a dilapidated state and are in need of repair. The cells are damp and have an unpleasant odour. Tanks with drinking water are located in the corridor. According to the administration, prisoners can ask for water to be brought to them. Tanks with drinking water should be located directly in the cells.

In cell No. 101, there were 12 people. The cell lacks natural light. Measurements taken recorded a significant lack of light brightness: 36 Lux, with a standard of 150 Lux.

In cell No. 102, there were 11 people. Light brightness was 37 Lux. In cell No. 103, there were 12 people. Light brightness was 10 Lux.

The cells are in a dilapidated state and are in need of repair.

Beds are placed close together, which violates the right to privacy.

Convicted person P. complained that for a month he had been unable to receive the medicines he brought with him.

Convicted person V. complained that he had been waiting for transfer for over a month and could not be transported to the place where he was to serve his sentence, and that staying in the transit cell created certain restrictions for him. Representatives of the facility administration stated that the issue of working out transport routes belongs to the management of the State Criminal-Executive Service.

Convicted person O. complained that he could not obtain his own vitamins and medicines, which were seized from him upon arrival.

Convicted person R. complained that he is a Group II disabled person and cannot receive proper treatment. At the same time, he is receiving ART therapy.

The facility has exercise yards.

Minors

In the cells for holding minors, monitors spoke with the prisoners about human rights observance and their awareness regarding appealing to the Ukrainian Parliament Commissioner for Human Rights or the Prosecutor's Office in case of human rights violations. Proper conditions have been created for minors for psychological work, education, and recreation.

The facility has a library.

Repair work is being carried out.

There are paid cells.

Solitary Confinement Cell

In the area where the solitary confinement cells are located, it is damp, and there is an unpleasant odour. Medical examinations of persons placed in solitary confinement take place in the duty room. There is no special room for medical examinations.

Lifers

There are three prisoners serving life sentences in the facility whose cases are in the stage of appealing the court decision. Persons sentenced to life imprisonment do not serve their sentences in the facility. As soon as the court decision enters into legal force, they are transferred to penitentiary institutions of the appropriate level to serve their sentences.

Bath and Laundry Complex

Five washing machines are in operation. In the bathhouse, the stalls are screened with curtains. Dirty laundry is collected, which after washing is dried in a special room. Some laundry is ironed. The paramedic's corner is screened off.

Some premises are in need of repair.

Kitchen Facility

Electric and steam workshops are equipped. 900 kilograms of bread are baked per day. For lunch, there was rassolnik and porridge.

Recommendations:

Take measures aimed at eliminating the identified human rights violations and preventing torture, other cruel, inhuman, or degrading treatment or punishment in Kharkiv Municipal Medical Unit No. 27 of the branch of the State Institution "Health Care Centre of the State Criminal-Executive Service of Ukraine" in Kharkiv and Luhansk regions.

1. Ensure control over the proper maintenance of medical documentation in accordance with the Procedure for organising the provision of medical care to persons sentenced to imprisonment, 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, and other regulatory legal acts.
2. Ensure the possibility of obtaining opioid substitution therapy based on a diagnosis of mental and behavioural disorders resulting from opioid use.
3. Staff the municipal medical unit No. 27 with medical specialists in accordance with the needs for providing medical care to convicted and detained persons.
4. Ensure the provision of proper psychiatric medical care in accordance with the Law of Ukraine "On Psychiatric Care."
5. Ensure the provision of proper primary and specialised medical care in accordance with the Law of Ukraine "Fundamentals of Health Care Legislation of Ukraine."
6. Ensure proper recording of preventive examinations.
7. Equip a fire protection system in accordance with established requirements.
8. Dispose of expired medicinal products in accordance with the requirements of current legislation.
9. Ensure proper storage of medicines and medical devices of convicted and detained persons received from relatives or other individuals.
10. Ensure the accessibility of premises for persons with disabilities and people with limited mobility (install ramps, handrails, electric lifts).
11. Ensure the conduct of individual rehabilitation for persons who require it.
12. Terminate the practice of doctors certifying the health status of convicted and detained persons when placing them in solitary confinement.
13. Terminate the practice of using convicted persons as assistants and orderlies in medical units.
14. Ensure medical examinations in solitary confinement cells take place in a designated special room.
15. Provide persons staying in the facility with drinking water.
16. For the management of the State Criminal-Executive Service of Ukraine: work out transfer routes to avoid keeping persons in transit cells for a long time (a month or more).
17. Provide transit cells with proper lighting.
18. Provide prisoners with drinking water in their cells.
19. Terminate the practice of placing beds close together, which violates the right to privacy.

A preventive monitoring visit to the SI "Kharkiv Pre-Trial Detention Centre" was carried out by the Kharkiv Human Rights Protection Group and the NGO "Protection of Prisoners of Ukraine." The monitoring group consisted 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, programme coordinator of the KHPG Andriy Didenko, and member of the Public Council under the Ministry of Justice Oleh Tsvilyi. Purpose of the visit: analysis of human rights observance in places of detention during the war. The visit was carried out within the framework of the project "Reducing Prisoners' Suffering in the Context of the War in Ukraine," funded by the Government of Denmark in partnership with DIGNITY — Danish Institute Against Torture.

Date of visit: 19 December 2023