Report on the results of the monitoring visit to the Sumy Pre-trial Detention Centre
The preventive monitoring visit was carried out as part 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, 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, on the basis of 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 conducted by the following monitors:
- Andrii Andriiovych Didenko — assistant to the People’s Deputy of Ukraine Yaroslav Yurchyshyn, has experience in monitoring visits since 2014;
- Serhii Yuriiovych Zuikov — assistant to the People’s Deputy of Ukraine Kostiantyn Kasai, member of the Public Council under the Ministry of Justice of Ukraine, has extensive experience in monitoring visits, specialises in the study of medical assistance provision;
- Oleh Volodymyrovych Tsvilyi — member of the Public Council under the Ministry of Justice of Ukraine, has extensive experience in unannounced visits to penitentiary institutions, specialises in the study of issues of torture and ill-treatment;
- Kostiantyn Viktorovych Zaporozhtsev — specialist in the field of forensic medicine.
To evaluate the information obtained during the monitoring visit, the following were used: the previous report and recommendations, NPM reports (National Preventive Mechanism under the Commissioner for Human Rights of the Verkhovna Rada), reports from convicted persons and their relatives, national legislation of Ukraine, and normative legal acts of the SESU (State Criminal-Executive Service of Ukraine) and the Ministry of Health.
The visit was unannounced. As part of the visit, there were conversations with convicted persons, including on the condition of anonymity, and with the staff and management of the institution. As part of the debriefing of the visit, consultations were held with the SIZO management.
Date of the visit: 10 July 2024
Date of the previous visit: 10 October 2023
General information
The institution performs the functions of a pre-trial detention centre. The facility houses persons accused of committing criminal offences and for whom a preventive measure of detention has been chosen by a court decision.
The institution is located at the address: 19 Haievyi Passage, Sumy, 42343.
The head of the institution is Colonel of the Internal Service Ihor Serhiiovych Yakovlev.
The institution consists of a duty unit, an intake ward, a catering unit, cells for male, female, and juvenile detainees, transit cells, a facility maintenance section, punishment cells (isolators), a medical unit, a bath and laundry facility, meeting rooms, a shop, a library, a room for receiving parcels, and administrative premises.
According to the institution’s administration, the authorised staff number consists of 168 positions. The actual number is 153 positions. The total staff shortage in the institution is 15 employees. The planned capacity of the institution is 492 persons. The actual number is 472 persons. Two psychologists work at the institution.
There are 69 cells in the SIZO: of which 64 are for detainees and convicted persons, one is a transit cell, one is a cell for facility maintenance staff, and three are cells for holding persons sentenced to life imprisonment.
In 2023, four convicted persons died; in 2024, one. Fourteen convicted persons from the maintenance staff are employed under employment contracts.
Two persons were in the punishment cell. Six persons were undergoing treatment in the medical unit. There are 30 persons registered with HIV/AIDS. The following persons were on operational-preventive registration at the institution: prone to suicide — six persons, prone to self-harm — eight persons, prone to escape — two persons.
During 2023, two persons submitted complaints regarding inadequate conditions of detention and inadequate provision of medical care; in 2024, there were also two such complaints. Six persons have disabilities, 25 persons are generally convicted, and nine are sentenced to life imprisonment.
Convicted persons have 14 tablets with internet access for their personal use.
During the current year, physical force was applied to three persons. During 2023, 237 cases of bodily injuries were recorded upon arrival, and 36 cases were recorded during their stay in the institution.
The monitoring group interviewed about 162 convicted persons. It is worth noting that the SIZO administration adequately responds to complaints from prisoners regarding the actions/inaction of the administration. Furthermore, the administration does not conceal bodily injuries received by detainees/convicted persons, which can be considered signs of openness and transparency, and proper, adequate response to human rights violations.
Preliminary remarks
The previous visit to the SIZO by the monitoring group was carried out on 10 October 2023. As a result of the visit, the following recommendations were sent to the management of the institution and the penitentiary department:
- Do not hinder the conduct of the monitoring visit, namely, do not demand additional permit documents;
- Ensure proper conditions of detention in the context of compliance with the minimum standards for the detention of prisoners;
- Provide the right to proper medical care;
- Eliminate violations of fire safety rules.
Some of the remarks have been rectified; at the very least, monitors were not asked for additional documents, and the administration facilitated the implementation of the monitoring visit in every possible way.
Positive experience
Since the previous visit, rooms for staff, rest rooms, a changing room, investigation rooms, the reception ward, a shower room for prisoners, the intake ward, and the canteen have been renovated.
Sleeping quarters have been renovated, taking into account personal space for the detention of convicted persons who are working in maintenance jobs.
Facts discovered during the visit
1. In violation of Article 11 of the Law of Ukraine “On Pre-trial Detention” and point 10 of the Standard Minimum Rules for the Treatment of Prisoners, the monitors established a violation of the space standards in individual cells. At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) in its Seventh General Report notes that the problem of overcrowded cell premises leads to unhygienic conditions, a constant lack of privacy, and the overloading of medical services and the institution’s infrastructure, and therefore requires correction. (point 13 (CPT/Inf (97) 10).
2. According to Article 7 of the Law of Ukraine “On Pre-trial Detention”, the main requirements of the regime in places of pre-trial detention are the isolation of persons taken into custody, constant supervision of them, and their separate detention in the order provided for by Article 8 of this Law. In violation of the specified norms, cases of violation of the requirements regarding the separate detention of prisoners were established in the pre-trial detention centre section of the institution. Thus, previously convicted persons are held together with those not previously convicted, which can lead to conflicts among the held persons, the infliction of self-harm, and the commission of crimes during their detention.
3. During the visit, it was established that in violation of the requirements of point 3.2 of the Regulation on the organisation of bath and laundry services for persons held in penal institutions and pre-trial detention centres, approved by the order of the Ministry of Justice of Ukraine No. 849/5 dated 08.06.2012, women taken into custody take a shower only once a week. However, a water heater has been installed in the cells for women, and women can take a shower at their discretion without restrictions, which we consider a positive practice.
4. The monitors recorded that in cell No. 3 for holding detainees, due to excessive bars and a lack of natural light, the general lighting is constantly switched on.
At the time of the visit, the general lighting level was 114 lux, and with the light turned off, it was 4.2 lux.
In cell No. 7 for holding women, 58 lux was recorded with the light off.
In cell No. 5 for holding men — 54.3 lux with the light on and 37.7 with the light off.
According to Appendix Zh “Normative indicators of lighting for residential building premises”, 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 03.10.2018 No. 264, the illumination of working surfaces in sleeping and residential rooms should be 150 lux.
5. In accordance with Article 11 of the Law on Pre-trial Detention, “The space standard in a cell for one person taken into custody cannot be less than 2.5 m², and for a pregnant woman or a woman with a child with her — 4.5 m².”
In cell No. 3 for holding men, 19 persons were being held at the time of the visit. At the same time, according to the measurement of the cell, the living area is 38.89 m², which is 2.04 m² per person, which is a violation of the law.
In cell No. 7 for holding women, 12 persons were being held, the living area is 28.61 m², which is 2.38 m² per person, which is a violation of the law.
Sumy Municipal Medical Unit
The head of the Sumy Municipal Medical Unit of the branch of the Centre for Health Care of the State Criminal-Executive Service of Ukraine in the Sumy region (hereinafter — the medical unit) is Nataliia Vasylivna Kurilina.
During the visit, the monitoring group studied medical documentation and inspected doctors’ offices, the X-ray room, wards, and other premises of the medical unit for their compliance with the requirements of the legislation of Ukraine and international standards.
1. According to point 2, point 3 of Chapter III of Section II of the “Procedure for the organisation of medical care for 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 (hereinafter — the Procedure), a general practitioner (or general practice physician — family doctor), psychiatrist, and dentist must participate in the preventive medical examination.
The vacant position of a psychiatrist indicates the incompleteness of the primary and preventive medical examination, in connection with which convicted persons and detainees do not receive proper medical care. At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) in its Third General Report notes that a doctor specialising in psychiatry should be invited to work in the medical service in every place of deprivation of liberty, and several staff members from the paramedical staff should receive training in this field of medicine.
The provision of doctors and paramedical staff, as well as the internal planning of places of deprivation of liberty, should make it possible to regularly carry out pharmacological, psychotherapeutic, and occupational therapy programmes. (point 41 (CPT/Inf(93)12-part).
2. In violation of point 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 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 people with limited mobility, the receipt of which is mandatory.
3. In accordance with the requirements of point 7 of Part 1 of the Resolution of the Cabinet of Ministers of Ukraine dated 22 December 2023 No. 1394 “Some issues of implementing the programme of state guarantees for medical care of the population in 2024”, the National Health Service of Ukraine (NHSU) pays for medical services provided based on paper referrals for patients held in penal institutions or pre-trial detention centres of the State Criminal-Executive Service, until the health care institutions of the State Criminal-Executive Service create the technical possibility to issue electronic referrals.
However, due to the lack of concluded declarations with a primary care physician, convicted persons do not have the opportunity 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 Legislation of Ukraine on Health Care”.
4. 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, not all persons with suspected viral hepatitis C undergo PCR testing, in connection with which they do not receive the necessary treatment, which can lead to a deterioration of their health and the spread of the specified infectious disease among convicted persons and detainees.
5. Dispensary observation is carried out for six persons with disabilities. Of them, group II — two persons; group III — four persons. 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 in the presence of information confirming a persistent impairment of body functions caused by diseases or consequences of injuries that lead to restrictions on normal life activity.
During the study of the medical documentation of the convicted persons, it was established that one person with a disability lacks an Individual Rehabilitation Programme (hereinafter — IRP). Furthermore, the recommendations of the IRP are not being fulfilled.
6. 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”, no conditions for holding people with disabilities have been created in the medical unit.
7. In violation of the Procedure for the organisation of 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 19.10.2015 No. 681, the staff of the medical unit are deprived of the possibility to make requests for telemedicine consulting and receive consultation for the provision of medical care to convicted persons due to technical reasons.
8. In violation of the requirements of the Equipment Supply Schedule for one workstation of 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 of the convicted persons and does not ensure the timely provision of proper dental care.
9. In violation of the “State sanitary-anti-epidemic rules and norms regarding the handling of medical waste”, approved by the order of the Ministry of Health of Ukraine dated 08.06.2015 No. 325, the branch of the State Institution “Centre for Health Care of the State Criminal-Executive Service of Ukraine” in the Sumy 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.
10. In violation of the requirements of the order of the Ministry of Health of Ukraine dated 16.12.2003 No. 584 “On approval of the Rules for storage and quality control of medicinal products in medical and preventive institutions” (hereinafter — Storage Rules), medicinal products are stored without taking into account the temperature regimes specified by the manufacturers. Thus, in the room where medicinal products were stored, the storage conditions for which cannot exceed a temperature higher than 25°C, the temperature reached 28°C and higher.
11. During the inspection of the defibrillator’s operability, it was established that the expiry date of the electrodes had passed. At the same time, the Committee 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, (CPT/Inf (2018) 41) point 87).
12. Individual premises of the medical unit do not meet the requirements of Article 22 of the Law of Ukraine “On ensuring sanitary and epidemic well-being of the population”. The wards of the medical unit require repair work with the replacement of sanitary-technical equipment. In the wards, there is significant clutter with personal items, and bedding and some mattresses need replacement.
At the same time, the Committee in its Third General Report notes that medical services in places of deprivation of liberty (which interact in case of need with other representatives of the authorities) are entrusted with the duty to control the organisation of nutrition (quantity, quality, preparation, and distribution of food) and compliance with hygiene conditions (cleanliness of clothing and bedding, access to taps with running water, sanitary equipment), as well as to monitor the heating, lighting, and ventilation of cells.
They should also monitor the conditions of the organisation of work and walks in the fresh air. Harmful conditions of detention, overcrowding of cells, prolonged isolation, and the absence of physical activity can necessitate the provision of medical assistance to an individual. (point 53 (CPT/Inf(93)12-part).
Furthermore, in the wards of the medical unit, facts of violation of Article 8 of the Convention and the requirements of Rule 19.3 of the European Prison Rules (Recommendation No. R (2006) 2 of the Committee of Ministers of member states) (hereinafter — EPR) were established, regarding the violation of the right of convicted persons to privacy, namely — the absence of doors in sanitary facilities that allow convicted persons to have privacy.
13. In the medical unit, there is no separate office for a gynaecologist, in connection with which the reception of sick convicted persons and detainees is carried out in general offices, which does not ensure confidentiality and can lead to a violation of the right to privacy during medical examinations.
14. In violation of the Fire Safety Rules in Ukraine, approved by the Ministry of Internal Affairs of Ukraine dated 30.12.2014 No. 1417 (hereinafter — the Rules), the premises of the medical unit are not equipped with fire extinguishing and fire alarm systems.
15. The premises of the doctors’ office and the X-ray room are not provided with fire extinguishers, which is a violation of the requirements of point 3.6 of Chapter 3 of Section V of the Rules and a violation of point 10.18 of 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 04.06.2007 No. 294, registered with the Ministry of Justice of Ukraine on 07 November 2007 under No. 1256/14523.
Recommendations:
- Ensure proper conditions of detention for prisoners, in accordance with minimum standards of living space per prisoner and lighting standards;
- Ensure the right to proper medical provision.