Report on the Results of a Monitoring Visit to Zamkova Penal Colony No. 58

On 5–6 November 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 Standard Minimum Rules for the Treatment of Prisoners and the rulings of the European Court of Human Rights, and 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’ conducted a visit to the state institution ‘Zamkova Penal Colony No. 58’.

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.

The visit was conducted by the following monitors:

• Didenko Andriy Andriyovych — journalist for the ‘Human Rights’ Information Bulletin of the Kharkiv Human Rights Protection Group, experience in monitoring visits since 2014;
• Zuikov Serhiy Yuriyovych — member of the Public Council under the Ministry of Justice of Ukraine, many years of experience in monitoring visits;
• Tsvilyi Oleh Volodymyrovych — member of the Public Council under the Ministry of Justice of Ukraine, extensive experience in monitoring visits, specialising in issues of the prevention of torture and ill-treatment;
• Hugues de Suremain — expert of the working group of international partners of Ukraine on prison reform.

General Information

Zamkova Penal Colony No. 58 (hereinafter ZVK-58, the institution, the facility) is a maximum-security penal colony for the detention of men who have committed serious and particularly serious crimes and who have previously served sentences in places of deprivation of liberty. On the territory of the facility, there is a maximum-security sector for the detention of those sentenced to life imprisonment.

The institution is located at the following address: 2 Patriotiv St., Iziaslav, Shepetivka District, Khmelnytskyi Region, 30300.

ZVK-58 consists of a duty unit, a residential and industrial zone, a maximum-security sector for the detention of life-sentenced prisoners, cells for holding prisoners serving fixed-term sentences, a KDiR (quarantine, diagnostic, and distribution unit), disciplinary premises — DIZO (disciplinary isolation unit), PKT (cell-type premises), DPK (enhanced supervision unit), a canteen, a medical unit, a bath and laundry complex, visitation rooms, a shop, a library, a parcel reception room, and administrative premises.

The head of ZVK-58 is Internal Service Colonel Andriy Viktorovych Podvyhin.

According to the administration, at the time of the visit, 243 convicts were being held in the institution, 137 of whom were sentenced to life imprisonment. 4 persons were being held in the DIZO, and 9 persons in the DPK. 55 people were employed: 9 under employment contracts and 46 under civil law contracts.

The operational department of the institution has the following individuals on operational-preventive records: 44 persons prone to suicide; 51 persons prone to self-harm; 9 persons prone to escape. Two psychologists work at the institution. Convicts have 178 tablets for their own use. 104 email addresses have been registered.

During 2023, 20 cases of bodily injury were recorded while in the institution. During 2024, there were 12 cases: 1 upon arrival and 11 during the stay in the institution.

The institution has a staff shortage of 37 employees.

About 10 convicts have never received a passport, or obtained one during the Soviet era, which creates obstacles to obtaining a passport of a citizen of Ukraine.

In preparation for the visit, a request was sent to the management of the institution to clarify the circumstances of sending correspondence, and a response was received stating that during the first half of 2023, convicts had sent 26 appeals to the Secretariat of the Ukrainian Parliament Commissioner for Human Rights and received 118 responses. During the first half of 2024, 9 appeals were sent and 33 responses were received. No electronic complaints were sent.

The group of monitors conducted interviews with approximately 133 convicts.

Humanitarian Needs

There is a need to carry out roof repair work at the institution.

For many years, the management of the facility has been trying to find funds for the repair of the monastery roof. According to certificate No. 195 dated 5 November 2024, the institution's management has repeatedly raised the issue with the Iziaslav City Council regarding the provision of a subvention from the local budget for the state institution ZVK-58 to carry out repairs to the roof of the dormitory for convicts. The dormitory building, in which convicts sentenced to imprisonment serve their sentences, is on the balance sheet of the state institution ‘ZVK-58’.

According to the Resolution of the Council of Ministers of the Ukrainian SSR dated 24 August 1963 No. 970 (as amended), this building was included in the list of architectural monuments of national importance as a Bernardine monastery, built in the 17th century.

Over the last two years, the institution's management has been initiating the issue of carrying out a capital repair of the roof of this residential facility. According to the inspection report conducted by SKB Budinzhyniring LLC, dated 20 October 2020, the technical condition of the dormitory building's structures is generally unsuitable for normal operation, with a transition to an emergency state in some places, namely: physical wear of the wooden elements of the structure due to excessive moisture, a long period of operation (over 350 years), and damage by wood-boring beetles and fungi; the roofing carpet is not solid; there is massive leakage of precipitation; roof tile elements are not fixed to the lathing; there are cracks, fractures, and physical wear of the coating itself.

The results of the inspection of the technical condition of the building's structures indicate an urgent need for capital repairs and the implementation of anti-emergency measures in the following areas: capital repair (restoration) of the wooden roof structures; installation of hydro(steam) insulation of the attic space; replacement of the roofing carpet (taking into account the requirement to preserve the authenticity of the building as much as possible); restoration of the paving around the building (courtyard part); installation of an external drainage system.

During 2023–2024, the state of the roofing deteriorated (excessive moisture, wooden structures are becoming covered with rot). Massive leakage of precipitation leads to water entering the living premises where current repairs had been carried out; these factors lead to high humidity, which creates a favourable environment for the appearance of mould and fungi on the ceiling and walls, leading to the destruction of the building itself and the living premises, and poses a direct threat to the health of convicts and the institution's staff.

The general estimated cost of construction for the capital repair and anti-emergency measures for the dormitory was approved. However, no funds reached the institution during 2023–2024.

According to the decision of the thirty-fourth session of the Iziaslav City Council of the eighth convocation of 22 February 2023 No. 12, the appeal of the head of ZVK-58 dated 19 January 2023 regarding the allocation of funds for the institution was considered, and the decision was made: ‘To refuse to approve the Comprehensive Programme for ensuring the prevention and suppression of criminal offences and other unlawful acts by convicts, as well as citizens in penal institutions, and strengthening the reliability of the guarding and supervision of convicts for 2023–2025 for the State Institution ZVK-58’.

Positive Practices

Repair work is taking place in the institution.

Facts Discovered During the Visit

1. Obstruction of the Monitoring Visit

In accordance with the provisions of Article 24 of the Criminal Executive Code of Ukraine, ‘Without a special permit (accreditation), at any time, without hindrance, the following have the right to visit penal institutions for the purpose of control and inspection (if desired — accompanied by up to three medical professionals for the medical examination of convicts and up to two representatives of mass media):... People’s Deputies of Ukraine, their assistant-consultants’.

During the monitoring visit, the institution's management created obstacles for the assistant-consultants to People’s Deputies, Serhiy Zuikov and Andriy Didenko, in the exercise of their powers.

The institution's administration explained their prohibition by stating that the presented certificates of the People’s Deputies’ assistants were invalid because the validity period of the certificates had allegedly expired on 20 October 2024. However, as an extension of the validity of the certificates, the Secretariat of the Verkhovna Rada of Ukraine issued inserts to the People’s Deputies and their assistants, stating that the certificate is valid for the term of office of the People’s Deputy of Ukraine of the ninth convocation. We consider such actions by the management of ZVK-58 to be an obstruction to the performance of the functional duties of the People’s Deputies’ assistants.

The monitoring group recorded a number of human rights violations regarding individuals who have been held in improper conditions for 3–5 years in horrific solitary confinement cells. Such detention is nothing less than ill-treatment. The institution's management refused to provide documents confirming or refuting the fact of keeping convicts in improper conditions for 3–5 years.

An official request has been sent regarding this matter.

2. Torture, Cruel, Inhuman or Degrading Treatment or Punishment (Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Articles 21, 28 of the Constitution of Ukraine, Recommendations of the European Committee for the Prevention of Torture)

2.1 In violation of Part 1 of Article 115 of the Criminal Executive Code of Ukraine and point 10 of the Standard Minimum Rules for the Treatment of Prisoners, it was established that in the cell premises of the maximum-security sector for the detention of men sentenced to life imprisonment (hereinafter — Sector) of the institution, the living space standard according to the living space measurement act per one convict is less than 4 m².

Thus, in cell No. 23, where 3 beds are located and 3 convicts were staying, the area of the premises is 8.2 m². Therefore, the actual area per one convict was 2.73 m².

A similar violation was established in cell No. 39. Furthermore, it was established that in a number of cell premises, the actual number of sleeping places exceeds the permissible one to ensure the legislatively prescribed standard of area per person. Thus, in Sector cells Nos. 17, 18, 20, 21, 22, 34, 37, 38, 40, 42, 45, which, according to the living space measurement act, are designed for two places according to the 4 m² per person standard, three beds are located.

In cell premises Nos. 19, 24, 35, 36, which, according to the living space measurement act, are designed for three places according to the 4 m² per person standard, four beds are located.

The specified violation creates conditions for possible abuse by the administration and staff of the institution in the context of compliance with the living space standard per convict and does not ensure proper personal space for detained persons in cell premises.

It should be noted that the institution's administration provided the monitoring group with an Act of measuring the area of premises of the structural units of the state institution ‘Zamkova Penal Colony No. 58’, approved by the Head of the state institution ‘Zamkova Penal Colony No. 58’, Internal Service Colonel Andriy Podvyhin, dated 20 September 2024, and agreed upon by the Head of the Central-Western Interregional Department for the Execution of Criminal Sentences of the Ministry of Justice, Oleksandr Shcherbatiuk, dated 22 September 2023 (hereinafter — ACT).

At the same time, during the inspection of Sector cells Nos. 7, 8, regarding which information on the area standard is not contained in the ACT, individuals sentenced to life imprisonment were found who stated that they have been held in these cells alone for about 5 years.

During the measurement of the area in the specified cell premises, the monitoring group established that the width between the walls of the specified cell premises is 1.6 m and 1.5 m.

Furthermore, during the measurement of the area of cell No. 15, where a person sentenced to life imprisonment, Z., was held, who, according to his words, had been in this cell in solitary confinement for about three years, it was established that the width between the walls of the specified cell premises is 1.4 m, and the total area of the premises is 5.6 m² including the bathroom, whereas according to the ACT, the area of cell No. 15, excluding the bathroom, is 6.2 m².

DIZO cell No. 3: width 1.8 metres, DIZO cell No. 5: width 1.9 metres.

Furthermore, the monitoring group discovered an equipped and operational cell No. 16, information about which is completely absent in the ACT.

Considering the above, it can be concluded that the management of the Central-Western Interregional Department for the Execution of Criminal Sentences of the Ministry of Justice and the administration of the state institution ‘Zamkova Penal Colony No. 58’ intentionally include in official documentation, in particular, the Act of measuring the area of premises of the structural units of the state institution ‘Zamkova Penal Colony No. 58’, information that does not correspond to reality, with the aim of concealing information about placing individuals sentenced to life imprisonment into cell premises that do not ensure the legislatively prescribed standard of area per person and contradict the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) and violate Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Thus, in paragraph 59 of the 21st General Report of the Committee, it is noted that any cell smaller than 6 m² should no longer be used for the detention of prisoners (CPT/Inf (2011) 28).

Furthermore, in the Report to the Government of Ukraine following the Committee's visit to Ukraine in 2012, the Committee notes that any solitary confinement cells must have a living space of at least 6 m² (excluding the built-in toilet); the distance between the cell walls is set at no less than 2 metres (paragraph 45 (CPT/Inf (2013) 23).

In addition, according to paragraph 53 of the 21st General Report of the Committee, it is noted that solitary confinement can have extremely damaging consequences for the psychological, somatic, and social health of these persons, which can arise immediately and worsen depending on how long this measure lasts and how uncertain it is in time. Furthermore, it can create conditions for intentional ill-treatment of prisoners out of the sight of other prisoners and prison staff (CPT/Inf (2011) 28).

2.2 During the visit to the institution, numerous complaints were received from convicts regarding improper treatment by the administration and staff of the facility. Thus, during a confidential conversation, most prisoners reported that upon arrival at the institution in the KDiR unit, institution staff, with the aim of forcing them to perform actions contrary to the convicts' will, forced them to publicly, one by one, perform humiliating tasks, in particular, to publicly demonstrate cleaning, thereby publicly defining their place in the informal prison hierarchy, while recording these actions with technical devices/means that have photo and filming, video recording functions.

In case of refusal, disciplinary penalties were applied to the convicts, including placement in the DIZO, they were restricted in their rights, prevented from official employment, etc. The specified actions are such that they degrade human dignity and have signs of division into castes in the informal prison hierarchy. As a result, prisoners who fall into lower castes often become objects of discrimination, humiliation, and physical violence from other convicts, which can cause conflicts between different groups of prisoners and, in general, strengthen the criminal subculture inside the institution.

Furthermore, the monitoring group established the existing practice of segregation and stigmatisation of a separate, particularly vulnerable category of prisoners, known as ‘outcasts’, which is based on the negative influence of the informal prison hierarchy and leads to discrimination, unacceptable restrictions in the recognition, realisation, and enjoyment of the universally recognised fundamental right to respect for the human dignity of these persons.

Thus, a convict who is classified in the ‘outcast’ category reported that together with other prisoners of this category, he is forced to stay in isolation, in a separate room, away from the general mass of convicts, to eat and wash personal clothing separately, and to perform dirty work for others, in particular, cleaning the bathroom.

At the same time, the Committee, in the report following the visit to Ukraine in 2023, calls on the Ukrainian authorities to develop and implement a comprehensive strategy to combat violence and intimidation among prisoners and to overcome the phenomenon of the informal hierarchy among prisoners with all its negative consequences. In this context, the penitentiary administration must also rationalise the assessment of risks and needs, classification, and distribution of individual convicts with the aim of ensuring that convicts are not exposed to the influence of other convicts who may harm them (CPT/Inf (2024) 20, paragraph 45).

2.3 At the time of the visit, 137 individuals sentenced to life imprisonment were being held in the institution. During communication, it was established by the monitors that this category of convicts is forced to remain in their cells around the clock, with the exception of a walk in the fresh air, which lasts only one hour. At the same time, in the Report to the Government of Ukraine following the 2023 visit, the Committee notes with great concern that, despite specific recommendations repeatedly provided by the Committee in its previous reports on the results of visits, the regime of detention of life-sentenced prisoners has remained unsatisfactory.

As before, the vast majority of these convicts were locked in their cells for 23 hours a day, and they were not offered any organised activities or the opportunity to communicate with convicts from other cells. The only regular out-of-cell activity available to life-sentenced prisoners was daily one-hour walks in the fresh air, which took place in small courtyards, separately for each cell.

In this regard, the Committee once again calls on the Ukrainian authorities, without further delay, to take measures to develop and implement a regime of out-of-cell activities (including group associations) for convicts sentenced to life imprisonment. In this context, it is important that convicts sentenced to life imprisonment should, as a rule, be allowed to communicate with convicts from other cells, including during walks in the fresh air (CPT/Inf (2024) 20, paragraph 72).

2.4 During the visit to the maximum-security sector, on the external doors of the cells for the detention of life-sentenced convicts, it was established that nominal cards were placed providing information about a short description of the crimes committed by the persons who are in the cells.

In its report on the results of the visit to Ukraine in 2020, the Committee noted that this practice should be stopped, as it serves no reasonable purpose and, apart from stigmatisation, has the effect of worsening relations between prisoners and prison staff (CPT/Inf (2020) 40, paragraph 52).

2.5 The monitoring group recorded the application of practices that degrade dignity, namely, standing facing the wall with hands behind the back every time the cell door is opened. The Committee, in the Report to the Government of Ukraine following the visit to Ukraine in 2020, noted that such practices are not necessary from a security point of view and do not in any way contribute to positive relations between staff and prisoners, and called on the authorities of Ukraine to immediately put an end to such practices (CPT/Inf (2020) 40, paragraph 46).

3. Violation of the Right to Decent Conditions of Detention (Article 25 of the Universal Declaration of Human Rights, Part 1 of Article 28 of the Constitution of Ukraine)

3.1 The monitoring group established systemic violations, in particular, an insufficient level of natural and artificial lighting in cell premises and access of convicts to drinking water. Thus, during communication, the convicts reported that they are forced to use water from the central water supply.

In the cells for the detention of convicts, due to excessive grating and a lack of natural lighting, general lighting is constantly turned on. According to Annex Zh ‘Normative 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 3 October 2018 No. 264, the illumination of work surfaces in bedrooms and living rooms should be 150 Lux.

In DIZO cell No. 3, 44.7 LUX of artificial and 40.4 LUX of natural lighting were recorded; in cell No. 24 — 5.3 LUX of artificial and 1.9 LUX — of natural lighting; in cells for the detention of life-sentenced convicts: No. 17 — 52.1 LUX of artificial and 18.3 LUX of natural lighting; in cell No. 18 — 62 LUX of artificial and 25 LUX of natural lighting; in cell No. 19 — 41 LUX of artificial and 11.4 LUX — of natural lighting; in cell No. 25 — 63 LUX of artificial and 34 LUX of natural lighting; in cell No. 33 — 52.5 LUX of artificial and 28.4 LUX of natural lighting; in cell No. 35 — 53.5 LUX of artificial, 28.1 LUX of natural lighting; in cell No. 40 — 27.9 LUX of artificial and 21.4 LUX of natural lighting; in cell No. 45 — 34.7 LUX of artificial and 31.5 LUX of natural lighting; in cell No. 42 — 57 LUX of artificial and 21 LUX of natural lighting.

3.2 The equipment of the DIZO unit does not meet the standards of treatment of prisoners and conditions of their detention in accordance with their needs. Thus, in violation of the requirements of the Standards for providing furniture, inventory, and household items for a maximum-security penal colony, approved by the order of the Ministry of Justice of Ukraine dated 27 July 2012 No. 1118/5 (hereinafter — Provision Standards), the unit lacks a number of premises, namely: a room for admitting convicts by the administration and medical staff (repairs are being carried out), a room for storing the exchange fund of bedding, clothing, and special clothing; a storeroom for temporary storage of dirty bedding, clothing, and special clothing; a room for storing the personal belongings of convicts; a barbershop; a undressing room.

The absence of the specified premises and their equipment leads to a violation of sanitary and hygienic standards. Thus, improper organisation of the storage of personal belongings complicates the maintenance of cleanliness and order in the premises where convicts are held, which worsens the general sanitary situation in the institution, and the lack of a room for admitting convicts by medical staff, as a result of which medical examinations of convicts are conducted in cell premises, indicates that institution staff and other persons among the convicts receive confidential information about the health status of convicts during medical examinations, manipulations, or procedures.

This violates the requirements of Article 39-1 of the Law of Ukraine ‘Fundamentals of the Legislation of Ukraine on Healthcare’ regarding the right of persons to confidentiality of health status and point 9 of Section I of the Procedure for organising the provision of medical care to convicts sentenced to deprivation of liberty.

3.3 The equipment of the KDiR unit does not meet the standards of treatment of prisoners and conditions of their detention in accordance with their needs. Thus, in violation of the requirements of the Provision Standards, the unit lacks a number of premises, namely: a room for storing food products; a dining room; a room for storing the exchange fund of bedding, clothing, and special clothing; a washing room, a drying room.

The absence of the specified premises leads to a violation of sanitary and hygienic standards. In this regard, food products may be stored at improper temperatures, in damp or dirty premises, which contributes to their rapid spoilage, the development of mould, and the multiplication of pathogenic bacteria, and the improper organisation of the storage of personal belongings complicates the maintenance of cleanliness and order in the premises where convicts are held.

3.4 Walk yards Nos. 2, 3, 4 are not equipped with sufficient shelter from atmospheric precipitation. At the same time, the Committee, in its second General Report, notes that daily stays in the fresh air should take place in an area of sufficient size. The area for walks in the fresh air should, as far as it appears possible, be equipped with a shelter in case of bad weather (CPT/Inf (92) 3, paragraph 48).

3.5 In violation of the requirements of point 4 of Section XXII of the Internal Regulations of Penal Institutions, approved by the order of the Ministry of Justice of Ukraine dated 28 August 2018 No. 2823/5 (hereinafter — IVR) and point 3.19 of Section III of the Regulation on the organisation of bath and laundry service 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 8 June 2021 (hereinafter — Regulation), the implementation of sanitary-hygienic and anti-epidemic rules is not properly ensured. Sanitary treatment of convicts arriving at the institution is not carried out.

Thus, during communication with newly arrived persons who were in the KDiR unit, it was established that the specified convicts arrived on 29 October 2024, and visited the bathhouse on 1 November 2024. In violation of the requirements of Rule 19.3 of the European Prison Rules, the right to privacy is not respected in the bathhouse premises due to the lack of curtains on shower partitions.

3.6 During the visit to the canteen, the monitoring group established a violation of the requirements of the Regulation on the organisation of food provision in the State Criminal-Executive Service of Ukraine for peacetime, approved by the order of the Ministry of Justice of Ukraine dated 15 June 2021 No. 2160/5 (hereinafter — Regulation on the organisation of food provision).

Thus, in violation of point 17 of Section V of the Regulation on the organisation of food provision, samples of meals from each meal are not stored for a day until the end of the similar meal the next day. In particular, the lunch sample from 5 November 2024 was missing from the refrigerator. In violation of the requirements of the Provision Standards, there is no cloakroom in the institution's canteen, which leads to the fact that convicts are forced to eat in their outer clothing.

4. Violation of the Right to Respect for Private Life (Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms)

4.1 In cell premises, a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms was established, which does not ensure the right to respect for private life.

Thus, in violation of Rule 18.1 of the European Prison Rules, the beds in some cell premises are located close to one another, which does not ensure personal space for prisoners (cell No. 4, department No. 9; cell No. 25).

Bathrooms in some cells do not contain sufficient partitions or doors that allow for privacy, which violates the requirement of Rule 19.3 of the European Prison Rules.

Individual cell premises require repair work with the replacement of sanitary-technical equipment and the electrical network.

4.2 In cell premises Nos. 1, 2, 3, 4, 5, 6 of the DIZO unit, it was established that the bathrooms do not contain doors and sufficient partitions that allow for privacy, which violates the requirement of Rule 19.3 of the European Prison Rules. Furthermore, in cell No. 3, there is insufficient natural lighting, and the width between the walls of the specified cell premises is 1.4 m. In cell No. 5, the width between the walls is 1.9 m, and means for fixing beds to the walls have been installed.

At the same time, normative-legal acts do not provide for locking folding beds in cell-type premises or disciplinary isolation units where convicts are serving penalties.

This creates conditions for possible abuse by institution staff, as convicts may be deprived of the opportunity to sit or lie on the bed during the day.

5. Violation of the Right to Work and Protection Against Exploitation (Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 43 of the Constitution of Ukraine)

In violation of Article 119 of the Criminal Executive Code of Ukraine, Article 52 of the Labour Code of Ukraine, and the Instruction on the conditions of work and wages of convicts sentenced to restraint of liberty or deprivation of liberty, approved by the order of the Ministry of Justice of Ukraine dated 7 March 2013 No. 396/5, the monitoring group established that the duration of the working day for convicts involved in household services in the canteen is longer than 8 hours and reaches 10–14 hours per day, i.e., more than 40 hours per week, and the working week consists of six, and in individual cases, seven days.

Convicts M. and Sh. work without payment for their labour, performing repair work on the institution's territory.

6. Violation of the Right to Maintain Contact with the Outside World (Article 110 of the Criminal Executive Code of Ukraine)

In accordance with the Order of the Minister of Justice dated 19 October 2017 No. 3233/5 On approval of the Procedure for organising access for convicts to the global Internet and the List of websites to which access is allowed for convicts, convicts have the right to receive information from, among other things, websites of political, public, and religious organisations. Monitors established that convicts do not have access to the website of the Kharkiv Human Rights Protection Group.

7. Other Violations

7.1 According to official documentation, the staff shortage in the institution is 37 positions. The shortage of middle and senior commanding staff is 4 positions. The shortage of rank-and-file and junior commanding staff is 32 positions. The shortage of civilian staff is 1 position.

At the same time, in the Report to the Government of Ukraine following the 2023 visit, the Committee emphasises that ensuring a positive climate in a penitentiary 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 among convicts. The lack of staff working on the front line also undermines the quality and level of measures offered to convicts and puts at risk the prospect of preparation for release and social rehabilitation.

In this regard, the Committee calls on the Ukrainian authorities to take decisive measures to significantly increase the number of staff in penitentiary institutions of Ukraine where there is a low level of staff manning, with the aim of strengthening the presence of security and supervision service staff inside the institutions. It is also necessary to take measures to put an end to 24-hour shifts for staff on duty (CPT/Inf (2024) 20, paragraph 93).

7.2 The monitoring group established that the institution's administration creates artificial obstacles to the implementation of standards that provide for the possibility of replacing the unserved part of the sentence with a milder one, as well as for the application of parole, which contradicts the principle of gradual reintegration of the convict into society. Thus, according to the information provided, during the 10 months of 2024, 29 meetings of the commission regarding the application of incentive standards provided by current legislation to convicts were held in the institution.

9 convicts fell under the effect of Art. 81 of the Criminal Code of Ukraine; the institution's commission considered 9 materials, and all convicts were refused the submission of materials to the court regarding parole as they had not proven their correction.

15 convicts fell under the effect of Art. 82 of the Criminal Code of Ukraine (of which 7 were sentenced to life imprisonment and 1 convict who was sentenced in a maximum-security colony, cell-type premises); the commission considered 15 materials, one convict was released to community service, and the remaining convicts were refused the submission of materials to the court as they had not embarked on the path of correction.

11 convicts fell under the effect of Art. 101 of the Criminal Executive Code of Ukraine; the institution's commission considered materials on 11 convicts, all were refused transfer to a different security level as they had not embarked on the path of correction.

12 convicts fell under the effect of Art. 151-1 of the Criminal Executive Code of Ukraine; the institution's commission considered materials on 12 convicts, two convicts were transferred to multi-occupancy premises of a maximum-security colony, and 10 convicts were refused the application of the incentive standard as they had not embarked on the path of correction.

7.3 Convict S. is held in the DPK and complains about the violation of his right to education. The convict intends to receive training through online courses, but according to the convict, the institution's administration cannot provide security and escort to the study room for him.

In cell No. 8 for the detention of life-sentenced convicts (multi-occupancy cell), 10 persons are held. There is no refrigerator; the convicts use water from the central water supply; there is no television or radio point. The convicts are deprived of the opportunity to receive information.

Complaints were received from convicts regarding unfounded detention in the DPK and the lack of opportunity for transferring convicts to general premises.

A number of convicts complained about unreasonable restrictions due to being on operational-preventive records. The monitoring group investigated several cases of convicts sentenced to life imprisonment who are on preventive records.

For example, convict I. has been on the register as prone to escape since 2002; accordingly, during escorts from the cell, handcuffs are applied to him. He was placed on the register as prone to escape during the pre-trial investigation. The case file of the convict does not contain information about the review of the decision regarding the application of preventive records and the expediency of applying restrictions for the convict due to the threat of escape.

7.4 According to point 1 of Section XVIII of the IVR, in maximum-security penal colonies, household service work is performed by convicts who, in accordance with Article 89 of the Criminal Executive Code of Ukraine, have been sent from a pre-trial detention centre to perform such work. Convicts appointed to perform household service work are formed into one unit of the socio-psychological service. Their duties are determined by the head of the penal institution. Such convicts are issued sanitary books with a note about passing a medical examination.

According to point 7 of Chapter III of Section II ‘Procedure for organising the provision of medical care to convicts 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 August 2014 No. 1348/5/572 (hereinafter — Procedure), convicts who work at food facilities (except for work related to positions of sellers, managers of food and clothing warehouses, storekeepers) and the processing industry, in children's homes, general secondary education institutions, vocational training units in special educational colonies, medical units (feldsher posts) and medical institutions of the State Criminal-Executive Service (except for work related to the provision of medical care), laundries, bathhouses, rooms for long-term visits, dormitories, clubs, at water supply and sewage facilities, livestock breeding and rearing units, undergo mandatory preliminary and preventive medical examinations in accordance with the resolution of the Cabinet of Ministers of Ukraine dated 23 May 2001 No. 559 ‘On approval of the list of professions, production facilities, and organisations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations and issuing personal medical books’; for each convict of the specified category, primary accounting documentation form No. 1-OMK ‘Personal Medical Book’ is opened, 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.

At the same time, the monitoring group was provided with falsified personal medical books of form No. 1-OMK issued to convicts among those involved in household services, to which information was entered regarding passing medical examinations at medical unit No. 58 of the branch of the state institution ‘Centre for Healthcare of the State Criminal-Executive Service of Ukraine’ in the Khmelnytskyi region with the corresponding stamp of medical unit No. 58, of the state institution ‘Zamkova Penal Colony No. 58’, and a photograph.

At the same time, the personal medical book 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 February 2013 No. 150, registered with the Ministry of Justice of Ukraine on 23 April 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 licence for medical practice and an accreditation certificate), namely, a healthcare institution where the medical examination is conducted, and which grants the right of admission to work to employees of certain professions whose activities are related to serving the population and may lead to the spread of infectious diseases.

The state institution ‘Zamkova Penal Colony No. 58’ and medical unit No. 58 of the branch of the state institution ‘Centre for Healthcare of the State Criminal-Executive Service of Ukraine’ in the Khmelnytskyi region do not belong to such institutions.

The convict who distributes food is without an apron and without gloves.

Medical Unit No. 58 of the Branch of the State Institution ‘Centre for Healthcare of the State Criminal-Executive Service of Ukraine’ in the Khmelnytskyi Region

Head of Medical Unit No. 58 of the branch of the state institution ‘Centre for Healthcare of the State Criminal-Executive Service of Ukraine’ in the Khmelnytskyi region (hereinafter — medical unit) — Bondar Vasyl Vasylovych.

During the visit, the monitoring group studied medical documentation, inspected the premises of the medical unit for their compliance with the requirements of Ukrainian legislation and international standards, and identified shortcomings in the work of the medical unit:

1. According to point 2, point 3 of Chapter III of Section II ‘Procedure for organising the provision of medical care to convicts 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 August 2014 No. 1348/5/572 (hereinafter — Procedure), a general practitioner (or general practitioner — family doctor), psychiatrist, and dentist must participate in the preventive medical examination.

At the same time, the medical unit's staffing table does not provide for the position of a psychiatrist, which indicates the incompleteness of the initial and preventive medical examination, due to which convicts and detained persons do not receive proper medical care.

This violates point 38 of the recommendations of the European Committee for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment (CPT/Inf (93) 12-part) (hereinafter — Committee), where it is stated that medical services in places of detention must be able to provide medical care and treatment, as well as an appropriate diet, physiotherapy, rehabilitation, or any other special care at the same level as that offered to patients in civilian medical institutions. Provision should be made for the availability of medical, auxiliary medical, and technical personnel, and appropriate premises, equipment, and apparatus should be provided.

2. In violation of the requirements of subparagraph 5 of point 5 of Section II of the Procedure, for one patient who was in the ward for inpatients of the medical unit, primary accounting documentation form No. 003/o ‘Inpatient Medical Card’, approved by the order of the Ministry of Health of Ukraine dated 14 February 2012 No. 110, was not opened, to which all data regarding treatment and diagnostics in the hospital of the medical unit should be entered, including those obtained during the examination of the sick convict, with a prescription sheet.

3. In violation of the requirements of the Instruction on filling out primary accounting documentation form No. 003-6/o ‘Informed voluntary consent of the patient to the conduct 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, the absence of signed informed voluntary consent for diagnostics and treatment was established for a patient who was in the hospital of the medical unit. This may indicate the absence of the patient's voluntary consent to 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 the Legislation of Ukraine on Healthcare’ and point 47 of the Committee's recommendations (CPT/Inf (93) 12-part).

4. Convict Kh. contacted the monitoring group, who was diagnosed with ‘Chronic phlegmon of the left forearm, fistulous form. Sluggish-healing wounds of the middle third of the left forearm. Fibrous-ischaemic neuropathy of flexors, flexion contracture of the left hand, deterioration of the condition and who required surgical intervention’.

During the visit, the issue of his hospitalisation to the surgical department of the Shepetivka Multidisciplinary Hospital No. 98 of the branch of the SI ‘Centre for Healthcare of the State Criminal-Executive Service of Ukraine’ in the Khmelnytskyi region was resolved.

5. In the medical unit, the provision of opioid substitution therapy (hereinafter — OST) for persons with mental and behavioural disorders due to opioid use is not organised 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 March 2012 No. 200.

Drug-dependent persons are not provided with socio-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 the Legislation of Ukraine on Healthcare’.

At the same time, the Committee, in the report following the visit to Ukraine in 2023, notes that admission to a penitentiary institution is an opportunity to solve the problem related to drugs, and therefore it is important that appropriate assistance be offered to all interested persons; therefore, appropriate medical service must be available in all institutions.

The assistance offered to such persons must be diverse; substitution therapy programmes for persons with drug dependence must be combined with genuine psycho-social and educational programmes for persons with opioid dependence who are unable to stop using drugs. Furthermore, access to OST programmes in institutions must be easily accessible, and they must also be managed by penitentiary doctors, who must undergo special training on issues related to drug use (CPT/Inf (2024) 20, paragraph 86).

6. During the inspection of the DIZO unit, it was established by monitors that when a convict is placed in a disciplinary isolation unit, it is practised to include in the case a medical certificate that contains the health status and according to the conclusion of which the convict can be held in the DIZO, PKT, or CELL. The facts discovered indicate that institution staff possess confidential information about the health status of convicts who are in the DIZO unit.

This violates the requirements of Article 39-1 of the Law of Ukraine ‘Fundamentals of the Legislation of Ukraine on Healthcare’ regarding the right of persons to confidentiality of health status. At the same time, the Committee has repeatedly emphasised that the obligation of penitentiary doctors to certify the fitness of convicts for serving a disciplinary penalty is unlikely to contribute to the development of positive relations between doctor and patient. In principle, medical personnel should never participate in any part of the decision-making process on the application of any type of solitary confinement, unless this measure is applied for medical reasons.

On the other hand, medical personnel must be very attentive to the condition of convicts who are in solitary confinement. Medical personnel must be informed immediately about each such placement and must visit the convict immediately after placement, and then regularly, at least once a day, and provide him with prompt medical care and treatment if necessary. Medical personnel must inform the institution's administration if the health of a convict is seriously threatened by solitary confinement (CPT/Inf (2024) 20, paragraph 104).

In addition, the specified is contrary to points 43.2 and 43.3 of the European Prison Rules.

7. 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 carrying out business activities in medical practice’, the medical unit lacks a document confirming free access to buildings and premises of the medical institution for persons with limited mobility, the obtaining of which is mandatory.

8. Dispensary supervision is carried out for 10 persons who have a disability. Of them, group I — 0 persons, group II — 0 persons; group III — 10 persons. At the same time, in violation of the requirements of the Law of Ukraine ‘On 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, consequences of injuries that cause restrictions on normal life activity.

During the study of the medical documentation of convicts, it was established that not all persons with disabilities have individual rehabilitation programmes (hereinafter — IRP). Furthermore, IRP recommendations are not fulfilled, due to which they do not receive proper diagnostic, treatment, and rehabilitation measures in the presence of information confirming a persistent impairment of body functions caused by diseases and consequences of injuries, which cause restrictions on normal life activity.

9. 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’, conditions for the maintenance of people with disabilities have not been created in the medical unit (ramps, handrails, etc. are missing). Thus, access for persons who have limited physical capabilities is complicated due to the fact that doctors' offices and wards in the medical unit are located on the second floor of the building.

10. 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 implementation of the programme of state guarantees for medical service of the population in 2024’, the NHSU pays for medical services provided based on referrals in paper form for patients held in penal institutions or pre-trial detention centres of the State Criminal-Executive Service, until the creation by healthcare institutions of the State Criminal-Executive Service of the technical capability to issue electronic referrals is ensured.

However, due to the lack of concluded declarations with a primary medical care doctor by convicts, they do not have the opportunity 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 the Legislation of Ukraine on Healthcare’.

11. During the check of the operability of the defibrillator, it was established that the expiration date of the electrodes had passed. At the same time, the European Committee for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment recommended that medical services in all visited prisons (and all other penitentiary institutions in Ukraine) be equipped with equipment for saving lives by doctors (Committee Report on the results of the visit to Ukraine in 2017, (CPT/Inf (2018) 41) paragraph 87).

12. 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 October 2015 No. 681, the medical unit staff is deprived of the opportunity to make requests for telemedicine consultation and to receive advice for the provision of medical care to convicts for technical reasons.

13. In violation of point 6 of Chapter 3 of Section II of the Procedure, the ‘Journal of accounting for the results of passing a preventive medical examination’, the form of which is given in Annex 4 to the Procedure, has not been maintained since 25 April 2024, as evidenced by the corresponding entry.

14. In violation of the requirements of the Standards for possession of bedding, special clothing, and special footwear (inventory property) for convicts undergoing treatment in medical-preventive institutions, institutions with the rights of medical facilities, and medical units at penal institutions and pre-trial detention centres, approved by the order of the Ministry of Justice of Ukraine dated 20 February 2012 No. 280/5, convicts do not receive hospital property (hospital suit, bathrobe, and slippers). Convicts stay in the hospital in everyday clothes, sometimes with their own bedding.

Some premises require repair work with the replacement of sanitary-technical equipment. Pillows and mattresses need to be replaced. At the same time, the Committee notes that medical services in places of detention (which interact with other authorities when necessary) are tasked with the duty to monitor the organisation of food (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 (CPT/Inf (93) 12-part, paragraph 53).

15. In violation of the requirements of the Table of equipment for one workstation of a dentist and dental technician, approved by the order of the Ministry of Health of Ukraine dated 11 April 2005 No. 158, the hospital lacks a dental X-ray machine, which makes it impossible to conduct an in-depth dental examination of convicts and does not ensure the timely provision of proper dental care.

16. In violation of the Fire Safety Rules in Ukraine, approved by the Ministry of Internal Affairs of Ukraine dated 30 December 2014 No. 1417 (hereinafter — Fire Safety Rules), the premises of the medical unit are not equipped with fire extinguishing and fire alarm systems. Furthermore, in violation of the requirements of point 1.18 of Section IV of the Fire Safety Rules, the staff of the medical unit allows the use of homemade electric heating equipment in office premises. The specified violations may lead to a fire and pose a threat to the life and health of convicts who are in the hospital and the staff of the medical unit.

17. The premises of the doctor's 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 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.

18. In violation of the requirements of Rule 19.3 of the European Prison Rules, the bathroom in wards for somatic patients and isolators for infectious patients is not equipped with doors, due to which the right of convicts to privacy is not respected.

19. In violation of point 8 of Chapter 5 of Section 2 of the Procedure, there is no isolator for persons with mental disorders for convicts who pose a danger to others in the hospital.

Recommendations:

1. Stop the practice of obstructing the activities of assistant-consultants to People’s Deputies during monitoring visits;
2. Take measures to eliminate the established violations regarding the conditions of detention of convicts;
3. Process the issue regarding compliance with the established area standard per convict in accordance with the requirements of national legislation;
4. Conduct an internal investigation into the fact of entering false information into the Acts of measuring the area of premises;
5. Stop the practice of groundless solitary confinement of life-sentenced convicts;
6. Provide convicts with drinking water;
7. Stop the practice of forced public cleaning of the KDiR unit;
8. Ensure proper lighting of living premises;
9. Take measures to stop the practice of allowing segregation, stigmatisation, and discrimination of convicts;
10. Provide the DIZO with necessary premises;
11. Provide sanitary facilities in DIZO cells with doors;
12. Remove the means of fixing (locking) beds in the DIZO;
13. Stop the practice of disclosing confidential information in the nominal cards of life-sentenced convicts;
14. Stop the practice of forcing convicts to stand facing the wall with hands behind their back when cells are opened;
15. Provide the KDiR unit with necessary premises;
16. Stop the practice of placing beds close together;
17. Introduce out-of-cell activities for life-sentenced convicts;
18. Provide walk yards with proper shelter from precipitation;
19. Provide the bathhouse premises with curtains;
20. Stop the practice of violating the right to work;
21. Ensure access for convicts to the websites of public human rights organisations;
22. Take measures aimed at eliminating the identified human rights violations and preventing torture, other cruel, inhuman, or degrading types of treatment and punishment in Medical Unit No. 58 of the branch of the state institution ‘Centre for Healthcare of the State Criminal-Executive Service of Ukraine’ in the Khmelnytskyi region;
23. Provide the medical unit staff with specialist doctors in accordance with needs;
24. Ensure control over the proper maintenance of medical documentation in accordance with the Procedure for organising the provision of medical care to convicts 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 August 2014 No. 1348/5/572 and other normative-legal acts;
25. 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 Licensing conditions for carrying out business activities in medical practice’;
26. Ensure the conduct of individual rehabilitation for persons who need it;
27. 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’;
28. Ensure the provision of proper psychiatric medical care in accordance with the Law of Ukraine ‘On psychiatric care’;
29. Stop the practice of doctors certifying the health status of convicts and detained persons when placing them in the DIZO/PKT unit;
30. Ensure convicts have agreements with doctors who provide primary medical care in healthcare institutions of the Ministry of Health of Ukraine;
31. Ensure the conduct of proper accounting of preventive examinations;
32. Ensure the conduct of proper medical examinations of persons working with food products and the issuance of personal medical books;
33. Provide the X-ray room premises with a fire extinguisher;
34. Provide the medical unit with hospital property (hospital suit, bathrobe, and slippers);
35. Equip the fire-fighting system in accordance with established requirements;
36. Ensure the proper operation of the telemedicine complex for doctors to make requests for telemedicine consultation;
37. Ensure the possibility of receiving opioid substitution therapy based on a diagnosis of mental and behavioural disorders due to opioid use;
38. Conduct a replacement of pads for the external automatic defibrillator.