Report on the Results of the Monitoring Visit to Shepetivka Correctional Colony No. 98

On 8 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 decisions of the European Court of Human Rights, and on the basis of Article 24 of the Penitentiary Code of Ukraine — ‘Visiting Penal Institutions’, a group of monitors from the Kharkiv Human Rights Group and the NGO ‘Protection of Prisoners of Ukraine’ conducted a routine visit to the state institution ‘Shepetivka Correctional Colony No. 98’ (hereinafter — SHVK-98, the institution, the facility).

The visit was carried out within the framework of the project ‘Reducing Prisoner Suffering in the Context of the War in Ukraine’, funded by the government of Denmark in partnership with DIGNITY — Danish Institute Against Torture.

The previous visit was conducted on 15 May 2023.

The visit was carried out by the following monitors:

• Andrii Andriyovych Didenko — assistant to Member of Parliament of Ukraine Yaroslav Yurchyshyn, a public monitor since 2014, who has visited almost all penitentiary institutions;
• Serhii Yuriyovych Zuikov — assistant to Member of Parliament of Ukraine Kostiantyn Kasai, member of the Public Council under the Ministry of Justice of Ukraine, a monitor with extensive experience and a long track record of visits;
• Oleh Volodymyrovych Tsvilyi — member of the Public Council under the Ministry of Justice of Ukraine, possesses extensive experience of visits, and specialises in the issue of preventing torture and cruel, inhuman, or degrading treatment in places of detention.

General Information

SHVK-98 is a medium-security correctional facility for men who have previously served sentences in places of deprivation of liberty.

Located on the territory of the institution is Multidisciplinary Hospital No. 98 of the branch of the State Institution ‘Health Care Centre of the State Penitentiary Service of Ukraine in Khmelnytskyi Region’.

The institution is located at the following address: Shepetivka District, Khmelnytskyi Region, Klymentovychi village, Tarasa Shevchenka Street, 60.

The head of the facility is Colonel of the Internal Service Andrii Antonovych Horenko.

The institution consists of a production area, a canteen, a residential area with social and psychological service (SPS) units, a quarantine, diagnostic, and distribution (QDD) unit, a medical unit, a bath and laundry complex, a disciplinary isolation/chamber-type premises/reinforced control/pre-trial detention unit, a shop, a library, and administrative premises.

According to the institution’s administration, the staff establishment consists of 368 positions. The actual number of personnel is 305. The total staff shortage for the institution is 63 employees.

At the time of the visit, 577 persons were held in SHVK-98: 6 pre-trial detainees and 571 convicts. The institution employs 2 psychologists. There are 4 SPS units functioning in SHVK-98.

During the current year, 1,049 persons arrived at the institution: 614 of them at the multidisciplinary hospital.

In 2023, 8 convicts died, and in 2024, 17. A total of 227 persons are employed: 58 under an employment contract, and 169 under a civil law contract.

There was 1 convict held in the chamber-type premises (PKT), 2 in the reinforced control unit (DPK), and 6 persons in the pre-trial detention unit (SIZO).

There were 23 persons on the operational-preventive register in the institution classified as prone to suicide.

During 2023, 2 cases of suicide were recorded, and during 2024, 1.

There are 8 persons prone to self-harm, and 2 prone to escape. There are 41 convicts classified as malicious violators of the regime.

During 2023–2024, not a single complaint was recorded from convicts regarding inappropriate detention conditions or inadequate medical care. 39 persons have disabilities.

The convicts have 267 tablets with internet access in their personal use. 31 convicts have their own email. The monitoring group conducted a survey of approximately 154 convicts.

Facts Detected During the Visit

In the course of the monitoring visit, violations of the requirements of national legislation and non-compliance with international recommendations in the field of prisoner treatment were identified, leading to violations of the rights of convicts:

1. In violation of part 1 of Article 115 of the Penitentiary Code of Ukraine and point 10 of the Standard Minimum Rules for the Treatment of Prisoners, it was established that in certain residential premises of the institution, the living space per convict is less than 4 m².

The monitoring group established that in a number of residential premises, the actual number of sleeping places exceeds the capacity required to ensure the floor space standard per person as stipulated by legislation.

In particular, in the residential premises of the quarantine, diagnostic, and distribution unit (hereinafter — QDD), where the area of the premises according to the certificate regarding the areas of structural units of the state institution ‘Shepetivka Correctional Colony No. 98’ is 34.9 m² and which is calculated for 8 places based on the 4 m² standard per person, 10 beds were located. A similar violation was established in the sleeping quarters of said unit Nos. 2, 3.

This violation creates conditions for potential abuse by the administration and personnel of the institution in the context of complying with the living space standard per convict and does not provide adequate personal space for detained persons in sleeping quarters.

At the same time, point 13 of the 7th General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) notes that the problem of overcrowded cells leads to unhygienic conditions, a constant lack of privacy, and the overloading of medical services and the institution’s infrastructure.

The Committee concludes that the negative impact of overcrowding very often results in inhuman or degrading conditions of detention (CPT/Inf (97) 10).

2. The equipment of the QDD unit does not meet the standards for the treatment of prisoners and the conditions of their detention in accordance with their needs. Thus, in the sleeping quarters of the unit, a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which ensures the right to respect for private life, was established. Specifically, in violation of rule 18.1 of the European Prison Rules, beds in some sleeping quarters are located close to one another, which does not provide convicts with personal space.

The lack of sufficient partitions and doors in sanitary facilities, which would allow for privacy, and curtains on shower cubicles violates the requirement of rule 19.3 of the European Prison Rules. Furthermore, in violation of the requirements of point 1 of section XXII of the Internal Regulations of Penal Institutions, approved by the Order of the Ministry of Justice of Ukraine dated 28.08.2018 No. 2823/5 (hereinafter — IR PI), convicts are not provided with proper material and living conditions.

In the premises of the unit, convicts wash and dry clothes, which indicates an inadequate organisation of bath and laundry services in the institution. Certain bedding, mattresses, and pillows require replacement.

At the same time, in the report of the Government of Ukraine following the 2023 visit, the Committee called upon the Ukrainian authorities to take the necessary measures to improve material conditions of detention, in particular, to reduce cell occupancy so that every detained person has at least 4 m² of living space (excluding the area occupied by in-cell toilets).

All places for the accommodation of convicts and detained persons, including sanitary facilities, should be kept in a proper state of repair and hygiene, disinsected regularly and frequently; provide sufficient access to natural light and ventilation in cells, and fully equip internal sanitary facilities with partitions (i.e., from floor to ceiling). (CPT/Inf (2024) 20) point 58).

3. The monitoring group established systemic violations, in particular, an insufficient level of natural and artificial lighting in the hospital wards (cells) and the convicts’ access to drinking water. Thus, during the conversation, the convicts reported that they are forced to use water from the centralised water supply system.

In the residential premises of the SPS units for detention, a lack of natural lighting was established, which is why the general lighting is constantly switched on. According to Appendix Zh ‘Standard Indicators of Lighting for Residential Building Premises’, DBN V.2.5-28:2018 ‘Natural and Artificial Lighting’, approved by the Order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine dated 03.10.2018 No. 264, the illumination of work surfaces in sleeping and residential rooms should be 150 LUX.

In the sleeping quarters of SPS unit No. 8, 31.4 LUX of natural lighting was recorded; in the sleeping quarters of SPS unit No. 9 — 22.9 LUX of natural lighting.

4. In violation of the requirements of the Standards for the Provision of Furniture, Equipment, and Household Items for Medium-Security Correctional Colonies, approved by the Order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5 (hereinafter — Provision Standards), the unit lacks a room for storing the exchange fund of bedding, clothing, and special workwear, as well as a dryer. Furthermore, the unit’s sleeping quarters are not sufficiently equipped with stools at a rate of one stool per person and bedside tables at a rate of one table per two persons.

The absence of said premises or their inadequate outfitting leads to violations of sanitary and hygienic norms. Thus, the 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 overall sanitary situation in the institution.

5. The monitoring group established a violation of the temperature regime in the QDD unit. Thus, at the time of the inspection, the air temperature in the sleeping quarters of the unit was 11°C. At the same time, in accordance with point 1 of section XXII of the IR PI, during the cold season, the temperature in residential premises of penal institutions must be maintained at a level not lower than plus 18°C.

6. In violation of the requirements of rule 22.5 of the European Prison Rules and the Provision Standards, the premises of the QDD unit are not equipped with 15-litre drinking water tanks with a tap, lid, mug, and basin, due to which convicts are forced to use water from the centralised water supply system.

7. In the cell premises of the DIZO unit, it was established that windows were 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).

8. According to point 7 of chapter III of section II of 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 15.08.2014 No. 1348/5/572 (hereinafter — the Procedure), convicts who work at food facilities (except for work related to the positions of salespeople, managers of food and clothing warehouses, storekeepers) and in the processing industry, in children’s homes, general secondary education institutions, vocational training units in special educational colonies, medical units (paramedic stations), and hospital institutions of the State Penitentiary Service (except for work related to the provision of medical care), laundries, baths, rooms for long-term visits, dormitories, clubs, at water supply and sewage facilities, and sites for animal breeding and rearing, 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, Productions, and Organisations Whose Workers Are Subject to Mandatory Preventive Medical Examinations, the Procedure for Conducting These Examinations and Issuing Personal Medical Records’, and for each convict of the specified category, a primary accounting documentation form No. 1-OMK ‘Personal Medical Record’ is created, 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.

9. At the same time, the monitoring group was provided with falsified personal medical records of form No. 1-OMK issued to convicts from the household service staff, to which information regarding the completion of medical examinations was entered and issued by the state institution ‘Shepetivka Correctional Colony No. 98’ with the corresponding seal imprint and photograph.

At the same time, the personal medical record of form No. 1-OMK, the form and content of which are 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 licence and an accreditation certificate), namely, a healthcare institution where the medical examination was conducted, and which grants the right to admit workers of certain professions to work, whose activities are related to serving the population and could lead to the spread of infectious diseases.

The state institution ‘Shepetivka Correctional Colony No. 98’ does not belong to such institutions.

10. In violation of Article 119 of the Penitentiary Code of Ukraine, Article 52 of the Labour Code of Ukraine, and the Instruction on Conditions of Labour and Wages of Convicts 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, the monitoring group established that the duration of the working day for convicts from the household service staff in the canteen, with whom an employment contract for a 0.5 rate was concluded, is longer than 8 hours and reaches 9–10 hours per day, that is, over 40 hours per week, and the working week consists of six, and in some cases seven days.

11. In violation of the requirements of the Provision Standards, there is no cloakroom in the institution’s canteen, which leads to convicts being forced to eat while wearing their outer clothing.

12. 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 point 2.11 of section II 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), the forced supply and exhaust ventilation system is not working in the bathhouse.

During the conversation with newly arrived persons who were in the QDD unit, it was established that in violation of the requirements of point 4 of section XXII of the IR PI and point 3.19 of section III of the Regulation, the implementation of sanitary and hygienic and anti-epidemic rules is not properly ensured. Sanitary treatment of convicts arriving at the institution is not being carried out.

In violation of 3.10 of section III of the Regulation, the duty paramedic of the medical unit does not supervise compliance with the order during washing in the bathhouse, nor does he supervise the cleaning and disinfection of the premises.

In violation of point 3.5 of section III of the Regulation, the institution’s administration does not ensure the duration of convicts washing in the institution’s bathhouse (at least 40 minutes), as evidenced by records in the institution’s bathhouse attendance log.

In violation of the requirements of Appendix 9 of the Regulation, the ‘Journal of Registration of Introductory Briefing on Occupational Health and Safety’ is absent in the institution’s bath and laundry complex.

12. According to official documentation, the staff shortage in the institution is 63 positions, or 17.1% of the staff establishment. 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 penitentiary institution requires the presence of a professional team of staff, who must be present in sufficient numbers at any given time in places of detention.

Insufficient staff numbers can only increase the risk of violence and intimidation between convicts. The shortage of frontline staff also undermines the quality and level of measures offered to convicts and jeopardises the prospect of preparation for release and social rehabilitation.

In this regard, the Committee calls upon 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 staffing, 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).

13. In violation of the Fire Safety Rules in Ukraine, approved by the Ministry of Internal Affairs of Ukraine dated 30.12.2014 No. 1417 (hereinafter — the Rules), convicts use faulty and damaged sockets, which could lead to convicts or hospital staff being subjected to electric shock and constitutes a threat to life and health.

14. In violation of the requirements of sub-point 2.12 of point 2 of section III of the Rules, the doors of electrical panels in the bath and laundry complex were not closed.

Recommendations:

1. Ensure compliance with living space standards per convict;
2. Ensure proper detention conditions for convicts in the QDD unit;
3. Ensure proper lighting in sleeping quarters;
4. Ensure compliance with the proper temperature regime in the QDD unit;
5. Equip residential premises with drinking water tanks;
6. Provide convicts working in household positions with medical records of the proper standard;
7. Ensure proper working conditions for convicts working in household positions, with a working day not exceeding 8 hours per day;
8. Ensure proper conditions for the provision of services in the bath and laundry complex;
9. Ensure compliance with fire safety rules.