Report on the results of the monitoring visit to Zhytomyr Penal Institution No. 8

General Information

Zhytomyr Penal Institution No. 8 is located at 172 Nezalezhnosti Avenue, Zhytomyr. The head of the institution is Colonel of the Internal Service Andriy Viktorovych Kvasnyi.

The institution consists of a pre-trial detention centre housing individuals under investigation, those sentenced but whose sentences have not yet entered into legal force, prisoners in transit to other penitentiary facilities, a maximum-security sector for life-sentenced prisoners, a sector for prisoners serving fixed-term sentences held in maximum-security cells, a canteen, a medical unit, support service departments, and a bath and laundry facility.

The authorised staff size is 393 positions. The actual number of staff is 269, of whom 15.2% are female. The total staff vacancy rate in the institution is 31.2%. The planned capacity of the institution is 1,296 persons.

Zhytomyr Penal Institution No. 8 contains 204 premises/cells/wards with a total living area of 4,218.39 m².

The institution has 63 cell-type premises for housing individuals in custody. There is one cell for pregnant women and women with children, two paid cells with improved living conditions, seven cells in the department for prisoners engaged in maintenance work, 33 cells in the maximum-security sector for housing prisoners sentenced to fixed-term imprisonment in cell-type premises, 88 cells in the maximum-security sector for housing men sentenced to life imprisonment in cell-type premises (each housing two people), a medium-security sector for housing women sentenced to life imprisonment, six arrest house cells, and seven cells in the section for holding prisoners of war.

According to a certificate dated 29 April 2024, the State Enterprise “Enterprise of the State Penitentiary Service of Ukraine No. 8”, in accordance with the Order of the Ministry of Justice of Ukraine No. 972/5 dated 16 March 2020, has ceased its operations through liquidation.

On the day of the visit, 732 people were in the institution. There were 400 people in the pre-trial detention centre, including 16 women. 171 people are serving life sentences. According to the administration, four of the life-sentenced prisoners have mental disorders.

During the current year, 719 prisoners/detainees have arrived at the institution. Nine people died in 2023, and three people died in 2024. 47 prisoners work in support services. Two people were in solitary confinement, and five people were undergoing treatment in the medical unit. There are 34 people registered with HIV/AIDS.

The operational and preventive register of the institution included: 57 individuals prone to suicide, 12 prone to self-harm, 18 prone to escape, and 20 malicious violators of the detention regime. There were two cases of suicide in 2023.

Prisoners have 163 tablets with internet access in their personal use.

There are humanitarian needs for building materials.

The monitoring group interviewed 112 prisoners.

Preliminary Remarks

The previous visit to Zhytomyr Penal Institution No. 8 by the monitoring group was carried out on 10 April 2023. Based on the results of the previous visit to the institution, it was established that the premises were obsolete and required capital repairs. There was an emergency situation regarding the water supply. The cells were in a neglected state and required repairs. Violations of the right to medical care were recorded.

The recommendations provided following the previous visit were partially implemented, namely: capital repair work was carried out in cell premises, repairs were made to the sewage system, two general baths, the kitchen area, women’s cells, and visiting rooms for life-sentenced prisoners, and a solid-fuel furnace was built.

Facts Discovered During the Visit

Protection against torture and other forms of ill-treatment (Article 5 of the Universal Declaration of Human Rights, Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 28 of the Constitution of Ukraine).

Part 1 of Article 115 of the Criminal Executive Code of Ukraine (hereinafter — the CEC) stipulates that the living space standard for one prisoner cannot be less than 4 m². In cell No. 240, intended for housing life-sentenced prisoners, two people are kept. At the same time, according to the cell floor plan, the living area is 6.1 m², which is 3 m² per person, which is a violation of the law.

In cell No. 355, intended for housing life-sentenced prisoners, two people are kept; according to the cell floor plan, the living area is 6.2 m², which is 3.1 m² per person, which is a violation of the minimum standards for the detention of prisoners.

In cell No. 511, two life-sentenced prisoners are kept; the living area is 6.5 m², which is 3.2 m² per person, which is a violation of the law.

Furthermore, the aforementioned violation has already been grounds for filing applications against Ukraine with the European Court of Human Rights. Thus, in the case “Smilyanskaya v. Ukraine” (Application No. 46196/11 of 21 November 2019), it was noted that there were inadequate conditions of detention in the penitentiary institution, namely: the lack of personal space due to the violation of the area standards in the cell premises where the applicant was held. On these grounds, the European Court of Human Rights ruled that, due to the material and living conditions, Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms had been violated, and awarded 10,000 euros in non-pecuniary damages.

Also, the majority of cell premises where prisoners are held do not meet the minimum living space standards per person for those sentenced to life imprisonment. The cells are dirty, there is an unpleasant smell, the cell premises are significantly cluttered with bags and personal belongings, and the floors and bathrooms are dirty. In violation of the requirements of point 8.13.5 of the Norms for the Provision of Furniture, Inventory, and Household Items for Pre-Trial Detention Centres, approved by the Order of the Ministry of Justice of Ukraine dated 27 July 2012 No. 1118/5, the cell premises are not equipped with drinking water containers; prisoners are forced to drink water from the central water supply.

Internal Regulations of Pre-Trial Detention Centres of the State Penitentiary Service of Ukraine, registered with the Ministry of Justice of Ukraine on 18 June 2019 under No. 633/33604, Section II, Item I, Grounds for admitting prisoners and detainees to the pre-trial detention centre, para 10.

During the processing of registration documents, prisoners and detainees are placed in the admission unit premises for a period of no more than two hours, in compliance with isolation requirements. The premises must be equipped with seating, provide sufficient lighting, bathrooms, ventilation, and conditions that meet sanitary and hygienic standards.

The monitors recorded that the admission unit cells lack water and toilets. Also, there are no drinking water tanks in the admission unit cells.

Thus, in cell No. 219, due to excessive bars, there is insufficient natural light, so the general lighting is constantly switched on. At the time of the visit, the general lighting level was 41 lux, despite the fact that according to Appendix Zh “Normative indicators of lighting for residential buildings”, DBN V.2.5-28:2018 “Natural and artificial lighting”, approved by the Order of the Ministry of Regional Development, Construction, and Housing and Communal Services of Ukraine dated 3 October 2018 No. 264, the illumination of working surfaces in sleeping and living rooms should be 150 lux.

In cell No. 504, the general lighting is 26.7 lux.

In cell No. 222, the beds are placed close together; this does not provide prisoners and detainees with personal space, which is provided for by Rule 18.1 of the EPR and point 1, chapter 2, section II of the Internal Regulations of Pre-Trial Detention Centres of the State Penitentiary Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 14 June 2019 No. 1769/5 (hereinafter — the ISR Pre-Trial Detention Centre).

According to Article 119 of the CEC, the labour of persons sentenced to imprisonment is paid in accordance with its quantity and quality. In addition, point 5.1 of the Instructions on the working conditions and wages of persons sentenced to restriction of liberty or imprisonment, approved by the Order of the Ministry of Justice of Ukraine dated 7 March 2013 No. 396/5, states that the salary accrued to prisoners, provided they meet output quotas or working time duration, cannot be less than the legislatively established minimum wage. Prisoners must receive the minimum wage.

At the same time, according to civil law contracts and certificates of completed work, the average salary of prisoners working in support services is about 1,200 hryvnias, which is almost three times less than the minimum wage in the country, which as of August 2023 is 6,700 hryvnias.

At the same time, it is worth noting that workers among the prisoners who work in the institution in support services, in the kitchen, in the sewing workshop, produce wood products, and others, systematically perform specified labour functions, which is a sign of labour legal relations; therefore, it is necessary to conclude not civil law contracts with such workers, but employment contracts.

Zhytomyr Municipal Medical Unit No. 8 of the Branch of the Centre for Health Care of the State Penitentiary Service of Ukraine in Zhytomyr Region

The Head of the Zhytomyr Municipal Medical Unit No. 8 of the Branch of the Centre for Health Care of the State Penitentiary Service of Ukraine in Zhytomyr Region (hereinafter — the medical unit) is Ihor Volodymyrovych Didenko.

According to the staffing table, the following positions are filled: Head of the Medical Unit, doctor — 1 post; Physician (therapist) — 0.5 post; Dentist — 0.5 post; Psychiatrist — 0.5 post; Phthisiologist — 0.5 post; Radiologist — 0.75 post; Infectious disease specialist — 0.5 post; Surgeon — 0.25 post; Dermatovenerologist — 0.25 post; Ultrasound diagnostics doctor — 0.25 post; General practitioner/family medicine doctor — 0.5 post. The following positions remain vacant: Dermatovenerologist — 0.25 post; Ultrasound diagnostics doctor — 0.25 post.

During the visit, the monitoring group studied the medical documentation, inspected the premises of the medical unit for their compliance with the requirements of the legislation of Ukraine and international standards, and identified shortcomings in the work of the Zhytomyr Municipal Medical Unit No. 8, which lead to violations of the rights of prisoners and persons held in custody in Zhytomyr Penal Institution No. 8, in particular:

1. Violation of the right of prisoners to protection against torture or inhuman or degrading treatment or punishment (Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms) and violation of the right to health care and medical assistance (Article 49 of the Constitution of Ukraine)

1.1 In violation of point 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 of 2 March 2016 “On approval of Licensing conditions for conducting business activities in medical practice”, there is no document confirming free access to the buildings and premises of the medical institution for persons with limited mobility, the receipt of which is mandatory.

1.2 In accordance with the requirements of point 7, part 1 of the Resolution of the Cabinet of Ministers of Ukraine dated 22 December 2023 No. 1394 “Some issues of the implementation of the programme of state guarantees for medical services to the population in 2024”, the National Health Service of Ukraine (NHSU) pays for medical services provided upon referrals in paper form to patients held in penal institutions or pre-trial detention centres of the State Penitentiary Service, until the health care institutions of the State Penitentiary Service create the technical capability to issue electronic referrals. However, due to the absence of declared agreements with a primary care physician among the prisoners, they are unable to receive the necessary medical services at the expense of 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 Ukrainian Legislation on Health Care”.

1.3 In violation of the requirements of sub-point 5 of point 5 of section II of 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 August 2014 No. 1348/5/572 (hereinafter — the Procedure), for two patients who were undergoing inpatient treatment in the ward for somatic patients of the medical unit, primary accounting record form No. 003/o “Medical card of an inpatient”, approved by the order of the Ministry of Health of Ukraine dated 14 February 2012 No. 110, was not created, to which all data regarding treatment and diagnostics in the inpatient facility of the medical unit must be entered, including those obtained during the examination of the sick prisoner, along with a prescription sheet.

1.4 In violation of the requirements of the Instructions for filling out primary accounting record form No. 003-6/o “Informed voluntary consent of the patient to the provision of diagnostics, treatment, and to the conduct of an operation and anaesthesia and to the presence or participation of participants in the educational process”, approved by the order of the Ministry of Health of Ukraine dated 14 February 2012 No. 110, it was established that there was an absence of informed voluntary consent signed by patients in the inpatient ward for conducting diagnostics and treatment. The aforementioned may indicate the absence of voluntary consent of patients for the application of methods of diagnostics, prevention, and treatment to them, which is a violation of Article 43 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Health Care” and point 47 of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf(93)12-part) (hereinafter — CPT Standards).

1.5 In violation of the requirements of the Instructions for filling out primary accounting record form No. 003-7/o “Informed consent of the person to undergo a psychiatric examination”, approved by the order of the Ministry of Health of Ukraine dated 15 September 2016 No. 970, it was established that there was an absence in the medical documentation (medical card No. 025/o or No. 003/o) of informed consent of the person to undergo a psychiatric examination signed by the patient.

1.6 In violation of point 6, chapter III, section II of the “Procedure for organising the provision of medical care to persons sentenced to imprisonment”, instead of the diagnosis, recommendations, the doctor’s full name, and their signature, which are registered in the “Register of results of undergoing a preventive medical examination”, the form of which is given in appendix 4 to the Procedure, a telemedicine code is indicated, which indicates improper conduct of preventive examinations.

1.7 In violation of the Procedure for organising medical care at the primary, secondary (specialised), and tertiary (highly specialised) levels using telemedicine, approved by the order of the Ministry of Health of Ukraine dated 19 October 2015 No. 681, the medical unit staff are deprived of the opportunity to make requests for telemedicine consultation and receive consultation for providing medical care to prisoners for technical reasons.

1.8 During conversations with the medical unit staff and inspection of medical offices, wards, and other premises, the monitoring group established that medical workers in the treatment room continue the systematic practice of conducting medical examinations and medical procedures on prisoners and detainees through bars.

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment regularly criticises excessive security measures and considers such practices unacceptable, as they infringe upon the dignity of prisoners, hinder the development of proper relationships between medical staff and the patient, and, possibly, interfere with the establishment of an objective medical conclusion (Report of the Committee on the results of the visit to Ukraine in 2009 (129.CPT/Inf (2011) 29), 2012 (50-51.CPT/Inf (2013) 23).

1.9 In the medical unit, substitution maintenance therapy (hereinafter — SMT) for persons with mental and behavioural disorders as a result of opioid use is not organised, in accordance with the Procedure for conducting substitution maintenance therapy for persons with mental and behavioural disorders as a result of opioid use, approved by the order of the Ministry of Health of Ukraine dated 27 March 2012 No. 200. Drug-dependent persons are not provided with social and psychological support, cognitive-behavioural therapy (CBT), relapse prevention, motivational interviewing, self-help groups, etc. Thus, these individuals are deprived of the opportunity to receive SMT, which violates their right to choose methods of treatment in accordance with Article 38 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Health Care”.

2. Non-compliance with infection control and epidemiological surveillance

2.1 In violation of the Measures and Means for preventing infection when providing patient care, approved by the order of the Ministry of Health of Ukraine dated 3 August 2020 No. 1777, 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 each other and from other prisoners.

2.2 In violation of the requirements of point 1, Section II of the Standard of infection control for health care institutions providing care to tuberculosis patients, approved by the order of the Ministry of Health dated 1 February 2019 No. 287, the medical unit does not comply with the requirements for isolating patients with tuberculosis; wards are used for more than one or two people (one ward-cell for three or more beds); ward doors are not equipped with a sealed threshold or seals on the edges; air recirculation using mechanical ventilation is not provided.

3. Violation of the right of prisoners to adequate sanitary and hygienic conditions of stay in a health care institution

3.1 Separate premises of the medical unit do not meet the requirements of Article 22 of the Law of Ukraine “On ensuring the sanitary and epidemic well-being of the population” and point 53 of the CPT Standards. The medical unit’s ward-cells require repair work with the replacement of sanitary equipment and electrical wiring. There is an unpleasant smell, unsanitary conditions, excessive humidity on the ceiling of some cell premises, the walls are covered in mould, there is significant clutter with personal belongings, the floor and bathroom are dirty, bedding is damp, and mattresses require replacement.

3.2 In violation of the “State sanitary and anti-epidemic rules and norms regarding the handling of medical waste”, approved by the order of the Ministry of Health of Ukraine dated 8 June 2015 No. 325, the branch of the State Institution “Centre for Health Care of the State Penitentiary Service of Ukraine” in the Zhytomyr region has not concluded an agreement with a specialised institution for the disposal of medical waste, in connection with which proper collection, sorting, and disposal of medical waste has not been organised in the medical unit since the beginning of 2024.

4. Lack of equipment, medical products, and medicines in the medical unit. Violation of fire safety rules

4.1 During the check of the defibrillator’s functionality, it was established that the electrodes were missing.

At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment recommended that medical services in all visited prisons (and all other penitentiary institutions in Ukraine) be equipped with life-saving equipment for use by doctors (Report of the Committee on the results of the visit to Ukraine in 2017, 87. CPT/Inf (2018) 41).

4.2 In violation of the Fire Safety Rules in Ukraine, approved by the Ministry of Internal Affairs of Ukraine dated 30 December 2014 No. 1417, the premises of the medical unit are not equipped with fire extinguishing and fire alarm systems.

4.3 The X-ray room premises are not equipped with fire extinguishers, which is a violation of the requirements of point 3.6, chapter 3, section V of the Rules and a violation of point 10.18, chapter 10 of the State sanitary rules and norms “Hygienic requirements for the arrangement and operation of X-ray rooms and the conduct of radiological procedures”, approved by the order of the Ministry of Health of Ukraine dated 4 June 2007 No. 294, registered with the Ministry of Justice of Ukraine on 7 November 2007 under No. 1256/14523.

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

In violation of the requirements of the State Building Norms of Ukraine V.2.2-17:2006 “Buildings and structures. Accessibility of buildings and structures for persons with limited mobility”, conditions for accommodating people with disabilities have not been created in the medical unit (ramps, handrails, etc. are missing).

6. Violation of the rights of persons suffering from viral hepatitis C

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 January 2021 No. 51, not all persons with suspected viral hepatitis C undergo PCR testing, due to which they do not receive the necessary treatment, which may lead to a deterioration in their health and the spread of the aforementioned infectious disease among prisoners and detainees.

Recommendations:

1. Address the issue regarding compliance with the established area standard per prisoner in accordance with the requirements of national legislation and the practice of the European Court of Human Rights;
2. Take additional measures to create proper conditions for the realisation of the right of detainees and prisoners to privacy and personal space;
3. Ensure compliance with sanitation and hygiene rules in cell premises for detainees and prisoners;
4. Take additional measures to create proper conditions for the realisation of the right of prisoners to privacy and personal space;
5. Provide prisoners with a sufficient level of lighting in cells;
6. Review the practice of implementing the right of prisoners to paid labour in accordance with labour legislation;
7. Provide detainees/prisoners with drinking water tanks;
8. Eliminate excessive barring in cells;
9. Ensure control over the proper maintenance of medical documentation;
10. Comply with the requirements of point 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 of 2 March 2016 “On approval of Licensing conditions for conducting business activities in medical practice”;
11. Ensure the accessibility of the institution’s buildings in accordance with the State Building Norms of Ukraine V.2.2-17:2006 “Buildings and structures. Accessibility of buildings and structures for persons with limited mobility”;
12. Stop the practice of conducting medical examinations and medical procedures on prisoners and detainees through bars;
13. Ensure prisoners have agreements with doctors providing primary medical care in health care institutions of the Ministry of Health of Ukraine;
14. Provide proper medical care to persons suffering from viral hepatitis C;
15. Ensure proper recording of preventive examinations;
16. Equip the medical unit’s fire safety system in accordance with established requirements;
17. Ensure the proper operation of the telemedicine complex for doctors to make requests for telemedicine consultations;
18. Ensure the possibility of receiving substitution maintenance therapy based on a diagnosis of mental and behavioural disorders resulting from opioid use;
19. Ensure compliance with infection control measures in the medical unit;
20. Replace the pads of the external automated defibrillator;
21. Ensure the timely disposal of medicines and medical products;
22. Eliminate violations of Fire Safety Rules. Equip the X-ray room premises with a fire extinguisher.

The preventive monitoring visit was carried out 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 — Danish Institute Against Torture, in accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, taking into account the provisions of the Standard Minimum Rules for the Treatment of Prisoners and the decisions of the European Court of Human Rights, based on Article 24 of the Criminal Executive Code of Ukraine — Visiting penal institutions. The visit was carried out by a group of monitors from the Kharkiv Human Rights Protection Group and the NGO “Protection of Prisoners of Ukraine”. The visit was carried out by the following monitors:

• Didenko Andriy Andriyovych — Assistant to the People’s Deputy of Ukraine Yaroslav Yurchyshyn;
• Zuikov Serhiy Yuriyovych — Assistant to the People’s Deputy of Ukraine Kostiantyn Kasai, member of the Public Council under the Ministry of Justice of Ukraine;
• Tsvilyi Oleh Volodymyrovych — member of the Public Council under the Ministry of Justice of Ukraine.

Date of the visit: 29 April 2024

Date of the previous visit: 10 April 2023