Report on the Results of the Monitoring Visit to the Odesa Pre-Trial Detention Centre
On 17 September 2024, 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 United Nations 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, a group of monitors from the Kharkiv Human Rights Protection Group and the NGO “Protection of Prisoners of Ukraine” carried out a regular visit to the state institution “Odesa Pre-Trial Detention Centre” (hereinafter referred to as the SIZO, the institution, the facility).
The 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 — The Danish Institute Against Torture.
The visit was conducted by the following monitors:
- Didenko Andriy Andriyovych — assistant to the People’s Deputy of Ukraine Yaroslav Yurchyshyn, with experience in monitoring visits since 2014;
- Zuykov Serhiy Yuriyovych — assistant to the People’s Deputy of Ukraine Kostyantyn Kasai, member of the Public Council under the Ministry of Justice of Ukraine, with experience in monitoring visits, specialising in issues of appropriate medical care;
- Tsrvilyi Oleh Volodymyrovych — member of the Public Council under the Ministry of Justice of Ukraine, with extensive experience in monitoring visits, specialising in issues of torture and cruel, inhuman treatment.
General Information
The institution functions as a pre-trial detention centre. The facility holds persons accused of committing criminal offences for whom a preventive measure of detention has been chosen by a court decision, as well as persons convicted by courts whose sentences have not yet entered into legal force.
The institution is located at the address: 11 Liustdorfska Road, Odesa, Odesa Region, 65000.
The head of the institution is Serhiy Mykolayovych Chyshkala.
The institution consists of a duty office, a reception ward, a catering unit, cells for male, female, and juvenile detainees, transit cells, a household service unit, disciplinary cells (punishment cells), a medical unit, a bath and laundry complex, visitation rooms, a shop, a library, a parcel reception room, and administrative premises.
According to the institution’s administration, the authorised staff size of the facility is 362 positions. The actual headcount is 221 positions. The total staff shortage in the institution is 140 employees.
The planned occupancy is 1,216 persons. The actual number is 1,089 persons. There are 2 psychologists working in the institution. The pre-trial detention centre has 394 cells, as well as 4 cells for the household service unit.
In 2023, 12 prisoners died; in 2024, 6. There are 13 convicts employed who work in household jobs under employment contracts. As of 12 September 2024, there are 2 persons in the disciplinary cell. There are 40 persons undergoing treatment in the medical unit. There are 102 persons registered as HIV/AIDS positive, with 101 persons receiving ART therapy.
Operational preventive registration at the institution included: 20 persons prone to suicide (in 2023 — 1 suicide, in 2024 — 1); 79 persons prone to self-harm; 12 prone to escape. There are 25 persistent violators of the detention regime. During the current year, no complaints regarding improper detention conditions or improper medical care were received from the convicts. 29 persons have a disability: 18 (Group II) and 11 (Group III).
The convicts have 4 tablets with internet access in their personal use. During 2023, 219 cases of bodily injuries were recorded: 160 upon arrival and 59 during their stay in the institution. During 2024, there were 186 cases: 143 upon arrival and 43 during their stay in the institution.
The group of monitors conducted interviews with approximately 187 prisoners and convicts. It is worth noting that the administration does not conceal the shortcomings in the institution; the facility’s management cooperated in every way with the conduct of the monitoring visit, which can be considered a sign of openness and transparency, as well as proper and adequate response to human rights violations.
Positive Experience
Systemic renovation works are being carried out in the institution.
Renovated sports grounds.
Psychological work room.
Exercise yards.
Cells for keeping minors and other cell premises.
Prayer room.
This can be considered the implementation of certain measures to ensure appropriate conditions of detention in the institution.
Facts discovered during the visit: torture and ill-treatment
In the course of the monitoring visit, violations of the requirements of national legislation and non-compliance with international recommendations in the field of the treatment of prisoners were identified, which lead to violations of the rights of prisoners and convicts.
1. In violation of paragraph 2 of Article 11 of the Law of Ukraine “On Pre-Trial Detention” and point 10 of the United Nations Standard Minimum Rules for the Treatment of Prisoners, the area in individual cell premises for detainees is less than 2.5 m². Thus, in cell premises No. 295, where 4 male prisoners were held, the area of the cell, according to the living space measurement certificate, is 7.2 m². Thus, the actual area per detained person was 1.8 m². Similar violations of the area standard in the institution’s cell premises were established in cells No. 289, 290, 299/2, etc.
In point 13 of the Seventh General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee), it is noted 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. It concludes that the negative impact of overcrowding quite often resulted in inhuman or degrading conditions for the detention of prisoners (CPT/Inf (97) 10).
In addition, in the report following the 2023 visit to Ukraine, the Committee once again calls on the Ukrainian authorities to take measures, in accordance with the Committee’s long-standing recommendation, to revise existing legal standards regarding living space for detainees to ensure at least 4 m² per person in multi-person cells (excluding the area occupied by in-cell toilets) (CPT/Inf (2024) 20, point 38).
2. In violation of Article 8 of the Law of Ukraine “On Pre-Trial Detention” and point 17.2 of the European Prison Rules (hereinafter — the EPR), the monitors established cases of violation of the requirements regarding the separate detention of prisoners. For instance, in cell premises No. 531, 527, 537, 557, 568, 563, 575, 295, 287, 299, 103, and 110, persons who had previously served sentences in places of deprivation of liberty were held together with persons who were being held criminally liable for the first time.
This indicates systemic non-compliance by the institution’s administration with the requirements to ensure proper control over the placement of prisoners; it does not meet the principles of dynamic security and leads to a violation of the prisoners’ rights to personal safety, which contradicts national legislation and international standards, in particular Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
3. Among the systemic violations recorded were the lack of drinking water tanks, lack of ventilation, excessive window barring, and a lack of adequate lighting. The interviewed persons reported that they drink tap water.
In cells for keeping convicts/detainees, medical unit cells, and disciplinary cells, the general lighting is constantly switched on due to excessive window barring and a lack of natural light. According to Annex Zh “Standard indicators of lighting for premises of 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 03.10.2018 No. 264, the illuminance of working surfaces in bedrooms and living rooms should be 150 Lux.
In cell No. 514, 17 Lux was recorded; in cell No. 115 — 11.3 Lux; in cell No. 804 — 31 Lux; in cell No. 805 — 21 Lux; in cell No. 803 — 2.7 Lux; disciplinary cell No. 407 — 15.8 Lux; disciplinary cell No. 409 — 20 Lux; in cell No. 118 — 11.8 Lux; in cell (ward) No. 713 — frosted glass 3.7 Lux; in cell (ward) No. 712 — frosted glass; in cell (ward) No. 711 — 25.8 Lux; in cell (ward) No. 709 — frosted glass.
4. During the visit to the institution, complaints were received from prisoners regarding systematic extortion of funds and the use of physical and psychological violence against them. Thus, during a confidential interview, information was received that a group of prisoners is engaging in the extortion of funds, in particular from persons suspected of committing criminal offences in the sphere of drug trafficking.
Furthermore, the monitoring group established the existing practice of segregation and stigmatisation of a specific, particularly vulnerable category of prisoners, known as “the rejected in general,” which is based on the negative influence of the informal prison hierarchy and leads to discrimination and unacceptable restrictions in the recognition, exercise, and enjoyment of these persons’ universally recognised fundamental right to respect for human dignity.
For instance, during a confidential interview, one prisoner stated that after arriving at the Odesa SIZO, he was placed in a cell where a group of prisoners, including individuals who had previously served sentences in places of deprivation of liberty, used the informal caste division to determine his place in the category of prisoners known as “the rejected in general.” After this, he was transferred to another cell where another prisoner was held who had also been classified into this category of prisoners, where they are subsequently forced to remain in isolation from the general mass of prisoners, endure oppression, eat separately, wash personal clothes, and perform dirty work such as cleaning, particularly in the cells/wards and the corridor of the medical unit.
In the report of the Government of Ukraine following the 2023 visit, the Committee emphasises that the staff and administration of penal institutions are generally obliged to protect the physical and psychological integrity of all convicts, including from attacks by other convicts. This positive obligation implies that prison staff must take decisive measures to prevent episodes of intimidation and violence between prisoners and intervene immediately if such acts occur (CPT/Inf (2024) 20, point 44).
At the same time, the Committee calls on the Ukrainian authorities to develop and implement a comprehensive strategy to combat violence and intimidation among convicts and to overcome the phenomenon of the informal hierarchy among convicts with all its negative consequences. In this context, the penal administration must also rationalise risk and needs assessment, classification, and allocation of individual convicts with the aim of ensuring that convicts are not exposed to the influence of other convicts who may cause them harm (CPT/Inf (2024) 20, point 45).
5. According to official documentation, as of 01.10.2024, the total staffing shortage in the institution amounted to 144 positions (38%) of the authorised staff size. At the same time, in the report of the Government of Ukraine following the 2023 visit, the Committee emphasises that ensuring a positive climate in a penal institution requires the presence of a professional team of staff who must be present in sufficient numbers at any moment in time in places of detention.
An insufficient number of staff can only increase the risk of violence and intimidation between convicts. A shortage of frontline staff also undermines the quality and level of measures offered to convicts and compromises the prospect of preparation for release and social rehabilitation. Therefore, the Committee calls on the Ukrainian authorities to take decisive measures to substantially increase the number of staff in penal institutions of Ukraine where a low level of staffing is observed, with the aim of strengthening the presence of security and supervision staff inside the institutions. Measures must also be taken to put an end to 24-hour shifts for staff on duty (CPT/Inf (2024) 20, point 93).
6. In the cell premises, violations of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to respect for private life, were established. For instance, in violation of rule 18.1 of the European Prison Rules, beds in some cell premises are located close to each other, which does not provide prisoners with personal space (cells No. 115, 130, 132, 133, etc.).
The sanitary facilities in some cells do not contain sufficient partitions or doors to allow for privacy, which violates the requirement of rule 19.3 of the European Prison Rules (cells No. 114, 117, 118, 286, 289, 290, etc.). Furthermore, in violation of the requirements of Article 11 of the Law on Pre-Trial Detention and point 2 of Chapter 3 of Section IX of the Internal Regulations of Pre-Trial Detention Centres of the State Criminal-Executive Service of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5 (hereinafter — the SIZO Internal Regulations), prisoners are not provided with proper material and living conditions that comply with sanitation and hygiene rules.
In practically all cell premises, prisoners wash and dry clothes, which indicates an improper organisation of bath and laundry services in the institution. Certain cell premises require renovation work, including the replacement of sanitary and technical equipment and the electrical network. There is a persistent unpleasant odour, poor sanitary conditions; on the ceilings of some cell premises, there is excessive dampness; the ceilings and walls are covered in mould from water leakage; there is significant clutter with personal belongings; bedding and mattresses need replacement.
At the same time, in the report of the Government of Ukraine following the 2023 visit, the Committee called on the Ukrainian authorities to take the necessary measures to improve material conditions of detention, in particular, to reduce cell occupancy so that each detained person has at least 4 m² of living space (excluding the area occupied by in-cell toilets); to keep all places where convicts and detainees are accommodated, including sanitary facilities, in a proper state of repair and hygiene, and to carry out regular and frequent disinfections; to ensure sufficient access to natural light and ventilation in the cells; and to fully equip internal sanitary facilities with partitions (i.e., from floor to ceiling) (CPT/Inf (2024) 20, point 58).
7. During the visit to the reception ward premises, it was established that their equipment does not fully meet the requirements of the Procedure for the Provision, Accounting, and Operation of Furniture, Inventory, and Household Items and the Standards of Their Provision and Operation in Penal Institutions and Pre-Trial Detention Centres of the State Criminal-Executive Service of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5, registered with the Ministry of Justice of Ukraine on 30.07.2012 under No. 1274/21586.
Thus, the reception ward premises lack: a hairdresser’s room, a shower room, a quarantine cell, a storage room for personal belongings, a cell for the sick (isolation cell), and a room for food distribution, food storage, and dishwashing. Most of the cell premises for the temporary stay of detainees are not equipped with drinking water tanks, sanitary facilities, tables, wall hangers, etc. There is no water supply or sewage system.
Furthermore, proper natural light does not reach the specified cells due to the absence of windows. This indicates a violation of the prisoners’ rights to humane treatment and respect for their human dignity, in accordance with part three of Article 1 of the Law of Ukraine “On Pre-Trial Detention.”
At the same time, the Committee in its 11th General Report notes that security measures should never involve depriving prisoners of natural light and fresh air, to which every prisoner has a right. Moreover, the lack of sunlight and fresh air creates conditions favourable for the spread of diseases, particularly tuberculosis (point 30, CPT/Inf (2001) 16).
8. The monitoring group established a number of violations in the organisation of bath and laundry services for convicts and detainees. Thus, in violation of the requirements of Annex 10 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 08.06.2021 (hereinafter — the Regulation), there is no “Register of briefings on occupational safety at the workplace.” In violation of the requirements of Annex 9 of the Regulation, there is no “Register of introductory briefings on occupational safety.”
Thus, during conversations and the study of documentation, the monitoring group established that the employees of the bathhouse and laundry had not undergone an introductory briefing on occupational safety, which violates the requirements of point 4.1 of the Regulation. In violation of point 2.6.2 of Section II of the Regulation, the shower heads in the bathhouse are not equipped with taps for hot and cold water, due to which prisoners and convicts do not have the possibility to regulate the water temperature while taking hygienic procedures.
The laundry premises require renovation work. Furthermore, in the laundry room, the requirements of the Fire Safety Rules in Ukraine, approved by the order of the Ministry of Internal Affairs of Ukraine dated 30.12.2014 No. 1417, registered with the Ministry of Justice of Ukraine on 05.03.2015 under No. 252/26697 (hereinafter — the Fire Safety Rules), are grossly violated, in particular, the electrical panel doors are left open, which could lead to electric shock for prisoners or SIZO staff and other negative consequences.
9. In violation of Point 3 of Chapter 2 of Section III of the SIZO Internal Regulations, exercise yards No. 1 and No. 4 are not equipped with sufficient shelter from atmospheric precipitation.
10. According to point 3.1 of the Instruction on working conditions and wages of persons sentenced to restriction of liberty or deprivation of liberty, approved by the order of the Ministry of Justice of Ukraine dated 07.03.2013 No. 396/5, work is carried out on a voluntary basis on the basis of a civil law contract or an employment contract concluded between the convict and a natural person-entrepreneur or a legal entity for whom the convicts perform work or provide services.
At the same time, it was established that the SIZO administration uses the labour of convicts in the positions of workers of the social and psychological service unit for household maintenance in the canteen without payment for two months. Thus, during the study of documentation, it was established that there was no concluded employment contract with the convict D., who is a food service worker, due to the lack of a passport.
Odesa City Medical Unit No. 21 of the branch of the State Institution “Public Health Centre of the State Criminal-Executive Service of Ukraine” in the Mykolaiv and Odesa Regions
During the visit, the monitoring group studied the medical documentation and 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 Odesa City Medical Unit No. 21, which lead to the violation of the rights of convicts and persons held in the SE “Odesa Pre-Trial Detention Centre,” in particular:
1. In violation of point 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 “On approval of the Licensing conditions for conducting economic activities in medical practice,” the medical unit lacks a document confirming free access to the buildings and premises of the medical institution for persons with limited mobility, the obtaining of which is mandatory.
2. According to 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 program of state guarantees of medical care for 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 healthcare institutions of the State Criminal-Executive Service create the technical capability to issue electronic referrals.
However, due to the lack of concluded declarations with a primary care physician, the convicts do not have the possibility to receive 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 Healthcare.”
3. In violation of the requirements of point 5 of Chapter 5 of Section II of the “Procedure for organising the provision of medical care to persons sentenced to deprivation of liberty,” approved by the order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15 August 2014 No. 1348/5/572, for one patient who was undergoing inpatient treatment in the medical unit, primary accounting documentation form No. 003/o “Medical card of an inpatient,” approved by the order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, was not created; all data regarding treatment and diagnosis in the inpatient medical unit, including those obtained during the patient’s examination, together with the prescription sheet, should be entered into this form.
4. In violation of the requirements of the Instruction on completing primary accounting documentation form No. 003-6/o “Informed voluntary consent of the patient to diagnosis, treatment, operation, anaesthesia, and the presence or participation of participants in the educational process,” approved by the order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, the absence of informed voluntary consent for diagnosis and treatment, signed by the patient who was in the inpatient unit, was established.
This may indicate the absence of voluntary consent from patients for the application of diagnostic, preventive, and treatment methods, which is a violation of Article 43 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Healthcare” and point 47 of the Committee’s recommendations (CPT/Inf(93) 12-part).
5. The medical unit has not organised the provision of opioid substitution therapy (hereinafter — OST) for persons with mental and behavioural disorders due to opioid use in accordance with the “Procedure for conducting opioid substitution therapy for persons with mental and behavioural disorders due to opioid use,” approved by the order of the Ministry of Health of Ukraine dated 27.03.2012 No. 200. Drug-dependent persons are not provided with social-psychological support, cognitive-behavioural therapy (CBT), relapse prevention, motivational interviewing, self-help groups, etc. Thus, these persons are deprived of the opportunity to receive OST, which violates their right to choose methods of treatment in accordance with Article 38 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Healthcare.”
At the same time, in the report following the 2023 visit to Ukraine, the Committee notes that entry into a penal institution is an opportunity to solve a problem related to drugs, and therefore it is important that appropriate assistance is offered to all interested persons; thus, appropriate medical care should be available in all institutions. The assistance offered to such persons must be varied; substitution therapy programs for persons with drug dependence should be combined with genuine psychosocial and educational programs for persons with opioid dependence who are unable to stop using drugs.
Furthermore, access to OST programs in institutions should be easily accessible, and they should also be managed by prison doctors who have received special training on issues related to drug use (CPT/Inf (2024) 20, point 86).
6. In violation of the “Measures and Means to prevent infection when providing patient care,” approved by the order of the Ministry of Health of Ukraine dated 03.08.2020 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 convicts.
7. According to point 43 of the Third General Report of the Committee’s recommendations, a mentally ill prisoner should be held and cared for in a hospital facility with sufficient equipment and properly trained staff. Such a facility could be a regular (civil) psychiatric hospital or a specially equipped psychiatric facility within the penal system. According to point 44 of the Third General Report of the Committee’s recommendations, the treatment of a mentally unstable and violent patient should be carried out under strict supervision with the provision of care for the patient, and, if deemed necessary, with the use of sedative medications.
At the same time, the monitoring group identified a person with mental disorders who was undergoing inpatient treatment in a cell/ward for somatic patients.
8. In violation of point 4 of Chapter 1 of Section X of the Internal Regulations of Pre-Trial Detention Centres of the State Criminal-Executive Service of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5 (hereinafter — the SIZO Internal Regulations), there is no isolation ward for persons with mental disorders in the inpatient facility for prisoners who pose a danger to others.
9. During the study of medical documentation, it was established that photographs of existing bodily injuries are not added to outpatient medical record form 025/o for primary accounting documentation form No. 511/o “Certificate of recording bodily injuries,” approved by the order of the Ministry of Health of Ukraine dated 02 February 2024 No. 186, as provided for by point 2.11 of Section II of the “Procedure for interaction of healthcare institutions of the State Criminal-Executive Service of Ukraine with healthcare institutions regarding the provision of medical care to detainees,” approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 10.02.2012 No. 239/5/104 (hereinafter — the Procedure).
The failure to properly record bodily injuries does not comply with point 60 of the Committee’s recommendations (CPT/Inf(93)12-part), which states that medical services in places of deprivation of liberty can contribute to the prevention of violence against persons held in detention through the systematic registration of bodily injuries, as well as, if necessary, through informing the appropriate authorities.
10. According to point 10 of Chapter 2 of Section IX of the SIZO Internal Regulations, those left in the SIZO for household maintenance work are subject to mandatory preventive medical examinations in accordance with the requirements of the Resolution of the Cabinet of Ministers of Ukraine dated 23 May 2001 No. 559 “On approval of the list of professions, production and organisations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations and issuing personal medical records.” For each convict of the specified category, primary accounting documentation form No. 1-OMK “Personal medical record,” approved by the order of the Ministry of Health of Ukraine dated 21 February 2013 No. 150, registered with the Ministry of Justice of Ukraine on 23 April 2013 under No. 662/23194, is created.
The monitoring group was provided with forged personal medical records of form No. 1-OMK, issued to convicts from among those in household maintenance, to which information about undergoing medical examinations had been entered, issued by the Odesa City Medical Unit No. 21 of the branch of the SE “Public Health Centre of the State Criminal-Executive Service of Ukraine” in the Mykolaiv and Odesa Regions with the corresponding stamp imprint and photograph.
At the same time, the personal medical record of form No. 1-OMK, the form and content of which is established by the order of the Ministry of Health of Ukraine dated 21.02.2013 No. 150, registered with the Ministry of Justice of Ukraine on 23.04.2013 under No. 662/23194, is an official document issued by an institution that has the right to issue such a document (which has a medical practice license and an accreditation certificate), namely, a healthcare institution where the medical examination was conducted, and which grants the right to admit employees of certain professions to work, whose activities are related to servicing the population and could lead to the spread of infectious diseases. Odesa City Medical Unit No. 21 does not belong to such institutions.
11. Dispensary supervision is carried out for 29 persons with disabilities. Of them, 18 persons have a Group II disability; 11 persons have a Group III disability. 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 having information confirming persistent impairment of bodily functions caused by diseases or the consequences of injuries that cause limitations in normal life activity.
During the study of the convicts’ medical documentation, it was established that not all persons with disabilities have individual rehabilitation programs (hereinafter — IRP). Furthermore, the recommendations of the IRP are not fulfilled, due to which they do not receive proper diagnostic, treatment, and rehabilitation measures, despite having information confirming persistent impairment of bodily functions caused by diseases and the consequences of injuries that cause limitations in normal life activity.
12. 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 persons with limited mobility,” no conditions for the care of people with disabilities have been created in the medical unit.
13. 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, due to which they do not receive the necessary treatment, which may lead to a deterioration of their health and the spread of the specified infectious disease among convicts and detainees.
14. 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 SE “Public Health Centre of the State Criminal-Executive Service of Ukraine” in the Mykolaiv and Odesa Regions 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 has not been organised in the medical unit since the beginning of 2024.
15. In violation of the Procedure for organising medical care at the primary, secondary (specialised), 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 is deprived of the possibility to make requests for telemedicine consulting and receive consultations for providing medical care to prisoners and convicts due to technical reasons.
16. During the check of the defibrillator’s functionality, it was established that the expiration date of the electrodes had passed. At the same time, the Committee recommended that medical services in all visited prisons (and all other penal institutions in Ukraine) be equipped with life-saving equipment (Report of the Committee following the 2017 visit to Ukraine, CPT/Inf (2018) 41, point 87).
17. In violation of the Fire Safety Rules in Ukraine, approved by the Ministry of Internal Affairs of Ukraine dated 30.12.2014 No. 1417, the premises of the medical unit are not equipped with fire extinguishing systems and fire alarms; there are damaged sockets and exposed electrical wires.
18. The premises of the doctors’ office and 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 installation and operation of X-ray rooms and the performance of X-ray 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.
19. In a cell/ward of the medical unit, the monitors recorded a window that was equipped with frosted glass. In its report following the 2020 visit to Ukraine, the Committee already drew attention to this and recommended taking measures to review the design of windows in cells in order to allow prisoners to see what is outside the cell (CPT/Inf (2020) 40, point 48).
Recommendations:
1. Ensure proper conditions of detention for persons in accordance with the minimum standards of living space per prisoner;
2. Ensure the requirements for the separate detention of persons provided for by Article 8 of the Law “On Pre-Trial Detention”;
3. Equip cells with drinking water tanks with a capacity of at least 15 litres;
4. Ensure proper lighting in cell premises;
5. Remove excessive barring in the cells;
6. End the practice of segregation and stigmatisation of prisoners;
7. Ensure proper conditions of detention for prisoners with respect for their right to privacy;
8. Ensure compliance with the requirements of legislation in the reception ward;
9. Ensure proper bath and laundry services;
10. Ensure proper working conditions for convicts;
11. Take measures aimed at eliminating identified human rights violations and preventing torture and other cruel, inhuman, or degrading treatment or punishment at the Odesa City Medical Unit No. 21 of the branch of the SE “Public Health Centre of the State Criminal-Executive Service of Ukraine” in the Mykolaiv and Odesa Regions;
12. Ensure control over the proper keeping of medical documentation in accordance with the “Procedure for interaction of healthcare institutions of the State Criminal-Executive Service of Ukraine with healthcare institutions regarding the provision of medical care to detainees,” approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 10.02.2012 No. 239/5/104 and other regulatory legal acts;
13. Ensure control over the proper keeping of medical documentation in accordance with the “Procedure for organising the provision of medical care to persons 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 and other regulatory legal acts;
14. Fulfil the requirements of point 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 “On approval of the Licensing conditions for conducting economic activities in medical practice”;
15. Ensure the obtaining of informed consent from patients for examination and treatment in the prescribed form;
16. Ensure the equipment of an isolation ward for persons with mental and behavioural disorders in accordance with legal requirements;
17. Ensure the conduct of proper medical examinations for persons working with food products and the issuance of personal medical records;
18. Ensure the implementation of individual rehabilitation for persons who need it;
19. 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”;
20. Provide convicts and detainees with agreements with doctors who provide primary medical care in healthcare institutions of the Ministry of Health of Ukraine;
21. Ensure timely and proper recording of bodily injuries in convicts and detainees;
22. Ensure proper disposal of medicines and medical products;
23. Ensure the equipment of a necessary number of isolation wards for infectious patients;
24. Ensure proper medical care for persons with viral hepatitis C;
25. Equip the fire protection system in accordance with established requirements;
26. Ensure the proper operation of the telemedicine complex for doctors to make requests for telemedicine consultation;
27. Ensure the possibility of receiving opioid substitution therapy based on a diagnosis of mental and behavioural disorders due to opioid use;
28. Replace the pads for the external automated defibrillator.