Report on the results of the monitoring visit to the Kropyvnytskyi Pre-trial Detention Centre

On 11 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, 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 routine visit to the state institution “Kropyvnytskyi Pre-trial Detention Centre” (hereinafter referred to as the pre-trial detention centre, the institution, or 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 — Danish Institute Against Torture.

The visit was conducted by the following monitors:

• Andrii Andriiovych Didenko — Assistant to the People’s Deputy of Ukraine Yaroslav Yurchyshyn, with experience in monitoring visits since 2014;
• Serhii Yuriiovych Zuikov — Assistant to the People’s Deputy of Ukraine Kostiantyn Kasai, member of the Public Council under the Ministry of Justice of Ukraine, with experience in monitoring visits.

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 court decision, as well as those convicted by courts whose sentences have not yet entered into legal force. The institution also operates a maximum-security sector for holding persons sentenced to life imprisonment.

The institution is located at the address: 50-B Kuropiatnykova Street, Kropyvnytskyi, Kirovohrad Region, 25009.

The head of the institution is Colonel of the Internal Service Roman Serhiiovych Chabanenko.

The institution consists of a duty unit, an intake department, a food service unit, cells for male, female, and juvenile detainees, a maximum-security sector for life-sentenced prisoners, transit cells, a maintenance 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 administration of the institution, the staff establishment consists of 206 positions. The actual number is 221 positions. The total staff shortage for the institution is 140 employees.

The institution employs 2 psychologists from the department of social, educational, and psychological work, and 1 psychologist from the human resources department.

The institution has a capacity of 625 places. During 2024, 5,643 people arrived at the institution. There are 391 prisoners/convicted persons held in the institution. There is 1 maintenance unit.

In 2023, 3 people died; in 2024, 3 people died. 33 people were employed, including 10 under employment contracts and 23 under employment contracts in the training and production workshop. 3 people were held in disciplinary cells.

The operational-preventive registration in the institution included: 10 persons prone to suicide, 40 persons prone to self-harm, and 3 prone to escape. There were 19 malicious violators of the detention regime.

In 2023, 1 suicide was committed; in 2024, 0.

In 2023, 20 complaints were received from prisoners and convicted persons regarding inadequate detention conditions and 35 regarding inadequate medical care. During the current year, 16 such complaints were received regarding inadequate detention conditions and 27 regarding inadequate medical care.

Convicted persons have 8 tablets with internet access and 8 registered email accounts in their personal use.

During 2023, 70 cases of bodily injuries were recorded: 16 upon arrival and 54 cases during the stay in the institution. During 2024, 47 cases: 19 upon arrival and 28 during the stay in the institution.

The monitoring group interviewed about 145 prisoners and convicted persons. It is worth noting that the administration does not conceal the shortcomings in the institution; the facility’s leadership facilitated the monitoring visit in every way, which can be considered a sign of openness and transparency, as well as a proper and adequate response to human rights violations.

Positive practices

The institution operates a maximum-security sector for holding persons sentenced to life imprisonment in multi-bed cells. The living quarters for holding life-sentenced prisoners are equipped in compliance with national and international standards.

Repair works are being carried out in the institution.

Facts discovered during the visit

During the monitoring visit, violations of national legislation requirements and non-compliance with international recommendations in the field of prisoner treatment were identified, which lead to violations of the rights of prisoners and convicted persons.

1. In violation of paragraph 2 of Article 11 of the Law of Ukraine “On Pre-trial Detention” and point 10 of the Standard Minimum Rules for the Treatment of Prisoners, the area in some cell premises is less than 2.5 m². Thus, during a selective check, it was established that in cell No. 191, where 3 male detainees were held, the area of the cell, according to the living space measurement certificate, is 6.66 m². Therefore, the actual area per person in custody was 2.22 m².

Furthermore, in violation of point 1 of Chapter 2 of Section III of the Internal Rules for 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 referred to as the Internal Rules), it was established that in a number of cell premises, the actual number of sleeping places exceeds the permissible number to ensure the standard area per person provided by law.

Thus, in cells No. 188 and 190, which, according to the living space measurement certificate, are designed for three and two places based on the standard of 2.5 m² per person, there are four beds located in each cell.

This violation creates conditions for possible abuse by the administration and staff of the institution in the context of compliance with the standard of living space per person and does not ensure adequate personal space for persons held in the cells.

Point 13 of the 7th General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the Committee) notes that the problem of overcrowded cell premises leads to unhygienic conditions, a constant lack of privacy, and the overloading of medical services and the institution’s infrastructure. The Committee concludes that quite often, the negative impact of overcrowding resulted in inhuman or degrading conditions of detention (CPT/Inf (97) 10).

In addition, the Committee, in its report following the visit to Ukraine in 2023, once again calls on the Ukrainian authorities to take measures, in accordance with the Committee’s long-standing recommendation, to review existing legal standards regarding living space for persons in custody, in order to guarantee at least 4 m² per person in cells for multiple persons (excluding the area occupied by toilets in the cells) (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 referred to as the EPR), the monitors identified cases of violation of the requirements for the separate detention of prisoners.

Thus, in cells No. 109, 113, 124, 131, 132, 151, 302, and 303, persons who had previously served sentences in places of deprivation of liberty were held together with a person/persons being held criminally liable for the first time.

This indicates a systematic failure by the institution’s administration to comply with the requirements for ensuring proper control over the placement of prisoners, does not comply with 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. During the visit to the institution, complaints were received from prisoners about ill-treatment by staff during admission to the pre-trial detention centre. For instance, a detainee reported during a confidential interview that during the medical examination and personal search conducted upon new arrivals in the intake department, facility staff unjustifiably used physical force against him because he complained that the medical examination and strip search were being carried out in the presence of a person of the opposite sex and in conditions that did not ensure privacy or confidentiality, which contradicts point 3 of Chapter 5 of Section IV of the Internal Rules for 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 referred to as the Internal Rules).

4. The monitoring group identified an illegally introduced practice in the pre-trial detention centre that degrades dignity and leads to discrimination and stigmatisation of the convicted and detained persons held there, which is expressed in the obligation of prisoners to raise their hands when visited by the administration and facility staff, and upon the opening of cell doors.

Under similar circumstances, the Committee, in its report to the Government of Ukraine following its visit to Ukraine in 2020, noted that such practices are not necessary from a security perspective and in no way contribute to positive relations between staff and prisoners, and called on the Ukrainian authorities to immediately put an end to such practices (CPT/Inf (2020) 40, point 46).

5. In the cell premises, violations of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which ensures the right to respect for private life, were established.

Thus, in violation of Rule 18.1 of the European Prison Rules, beds in some cells are placed flush against one another, which does not provide prisoners with personal space (cells No. 325, 334, 339, 340, 341, 342, etc.).

Sanitary facilities 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 (cells No. 188, 190, 193, 195, 196, 197, 156, 158, 162, 334, 339, 340, 341, 342, etc.).

In cell No. 192, through the observation window of the door, one can see the sanitary facility, which is not enclosed by sufficient partitions and is not equipped with doors.

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 Rules, prisoners are not provided with adequate material and living conditions that comply with sanitation and hygiene rules.

Thus, in the cell premises, prisoners carry out laundry and drying of clothes, which indicates an improper organisation of the provision of bath and laundry services in the institution. Individual cell premises require repair work with the replacement of sanitary and technical equipment and electrical wiring.

There is an unpleasant odour, poor sanitation, excessive dampness on the ceilings of some cell premises, ceilings and walls covered in mould from water leaks, significant clutter with personal belongings, and bedding and mattresses that require replacement. Disinfestation measures taken by the administration of the pre-trial detention centre are insufficient; monitors recorded the presence of cockroaches in the cell premises.

At the same time, in the report to 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 the occupancy of cells so that there is at least 4 m² of living space per person in custody (excluding the area occupied by in-cell toilets); to keep all places where convicted persons and persons in custody are housed, including sanitary facilities, in a proper state of repair and hygiene, and to carry out disinfestation frequently and regularly; 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).

6. A systemic violation in the institution is the insufficient lighting in the cells due to excessive grilles and a lack of natural light. According to Appendix Zh “Normative indicators of lighting for residential buildings”, DBN V.2.5-28:2018 “Natural and artificial lighting”, approved by the order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine dated 03.10.2018 No. 264, the illumination of work surfaces in sleeping and living rooms should be 150 LUX.

7. During the visit to the premises of the intake department, it was established that their equipment does not fully comply with the requirements of the Procedure for provision, accounting, and operation of furniture, inventory, and household items and standards for 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 (hereinafter referred to as the Provision Standards).

Thus, in the premises of the intake department, the following are missing: rooms for processing documents; a photo laboratory; a storeroom for temporary storage of dirty bedding and personal property; barbershops; a shower room; cells for the sick (isolation cell); rooms for food distribution, food storage, and dishwashing; and a procedural room.

It should be noted that the doctor’s office in the intake department was closed and not in use at the time of the visit, and medical examinations of new arrivals were conducted in conditions that do not ensure privacy and confidentiality, which in turn indicates that facility staff and other persons among the prisoners and convicted persons obtain confidential information about the health status of these persons during the medical examination.

This violates the requirements of point 7 of Chapter 2 of Section X of the Internal Rules, Article 39-1 of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” regarding the right of individuals to the secrecy of their health status, and point 9 of Section I of the “Procedure for organising the provision of medical care to persons sentenced to imprisonment”, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572 (hereinafter referred to as the Procedure).

Furthermore, most of the cell premises for the temporary stay of persons in custody (cells No. 6, 7, 8, 9, 10) require repairs and are not equipped with tanks for drinking water, sanitary facilities, tables, wall hangers, etc. There is no water supply or sewage system. In addition, proper natural light does not enter the aforementioned cells due to the absence of windows. The sanitary facility for general use in the intake department does not comply with elementary sanitation and hygiene rules.

This indicates a violation of the prisoners’ rights to humane treatment and respect for their human dignity, in accordance with the third part 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, a right to which every prisoner is entitled. Moreover, the absence of sunlight and fresh air creates conditions favourable for the spread of diseases, in particular, tuberculosis (point 30 (CPT/Inf (2001) 16)).

8. In accordance with the requirements of point 10 of Chapter 2 of Section II of the Internal Rules, during the period of processing registration documents, prisoners and convicted persons are placed in the intake department premises for a period of no more than two hours while observing the requirements of isolation. The time of placing persons in the intake department premises and the time of their transfer to cells must be recorded in the intake duty logbook.

However, during the inspection of the intake department duty logbook, cases were identified where the time of departure (transfer) was not entered by the pre-trial detention centre staff, which makes it impossible to establish the time of their detention in the cell premises for the temporary stay of persons in custody.

9. The monitoring group identified a number of violations in the organisation of bath and laundry services for convicted and detained persons. Thus, during communication with persons in custody and convicted persons, the monitoring group established that female persons in custody have the opportunity to take a shower only once a week.

This violates the requirements of point 19.4 of the European Prison Rules and point 3.2 of the Regulation on the organisation of bath and laundry services for persons held in penal institutions and pre-trial detention centres, approved by the order of the Ministry of Justice of Ukraine No. 849/5 dated 08.06.2021 (hereinafter referred to as the Regulation).

In violation of the requirements of point 2.11 of Section II of the Regulation, the forced supply and exhaust ventilation system in the bathhouse does not work properly and requires repair. In violation of point 2.6.2 of Section II of the Regulation, shower heads in the bathhouse are not equipped with taps for hot and cold water, as a result of which prisoners and convicted persons do not have the ability to regulate the water temperature in the shower while washing.

In violation of the requirements of Rule 19.3 of the European Prison Rules, the right to privacy is not respected in the bathhouse due to the absence of curtains on shower partitions. Furthermore, on the territory of the bath and laundry complex, 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 referred to as the Fire Safety Rules), are grossly violated; in particular, the electrical panel door is open, which may lead to electric shock to prisoners or pre-trial detention centre staff and other negative consequences.

10. The premises of the unit for convicted persons left to work in the maintenance service do not fully comply with the requirements of the Provision Standards. In particular, the following are missing: rooms for storing the exchange fund of bedding, personal property, and special clothing; a storeroom for temporary storage of dirty bedding, personal property, and special clothing; a changing room; a utility room; a drying room.

The absence of these premises or their improper arrangement leads to a violation of sanitary and hygienic standards. Thus, the improper organisation of personal belongings storage complicates the maintenance of cleanliness and order in the premises where convicted persons are held, which worsens the overall sanitary situation in the institution.

11. In violation of Point 3 of Chapter 2 of Section III of the Internal Rules, some exercise yards of special building No. 2 are not equipped with sufficient shelter from atmospheric precipitation.

12. In violation of Article 119 of the Criminal Executive Code of Ukraine, Article 52 of the Labour Code of Ukraine, and the Instruction on working conditions and wages for 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, the monitoring group established that the length of the working day for convicted persons working in the maintenance service in the food unit is longer than 8 hours and reaches 10-11 hours per day, that is, more than 40 hours per week, and the working week is six, and in individual cases, seven days.

Specifically, during the examination of the logbook for checking the presence of convicted persons at their workplaces in the institution’s canteen, it was established that for two months, from 5:30 a.m. to 4:30 p.m., between 12 and 17 convicted and detained persons are present at their workplaces in the canteen.

At the same time, according to the information on the receipt of wages by convicted persons for October 2024, only 3 canteen workers have concluded employment contracts and receive wages, while the rest are prisoners who are used for work on an unpaid basis.

Furthermore, involving prisoners in such work without payment contradicts the requirements of point 1 and point 6 of Chapter 1 of Section IX of the Internal Rules and the requirements of the second part of Article 16 of the Law of Ukraine “On Pre-trial Detention”, which states that “Persons in custody may be involved without payment of their labour only in work related to the creation of proper sanitary and living conditions and the arrangement of the place of pre-trial detention. For such work, these persons are involved in turns during time free from investigative actions and for no more than two hours per day.”

13. According to service documentation, as of 11.11.2024, the total staff shortage for the institution was 26 positions (13%) of the established staff number. 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 the places of detention. Insufficient staff numbers can only increase the risk of violence and intimidation between prisoners.

A shortage of frontline staff also undermines the quality and level of measures offered to prisoners and jeopardises the prospect of preparation for release and social rehabilitation. In connection with this, the Committee calls on the Ukrainian authorities to take decisive measures to substantially increase the number of staff in Ukraine’s penitentiary institutions where a low level of staffing is observed, with the aim of strengthening the presence of security and supervision service staff inside the institutions. Measures must also be taken to put an end to the 24-hour shifts for staff on duty (CPT/Inf (2024) 20, point 93).

14. According to point 10 of Chapter 2 of Section IX of the Internal Rules, those left in the pre-trial detention centre for maintenance work are subject to a mandatory preventive medical examination 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 facilities, and organisations whose employees are subject to mandatory preventive medical examinations, and the procedure for conducting these examinations and issuing personal medical books”. For each convicted person of this category, a primary accounting document form No. 1-OMK “Personal medical book”, 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 books of form No. 1-OMK issued to convicted persons among the maintenance staff, which contained information about passing medical examinations and were issued by the state institution “Kropyvnytskyi Pre-trial Detention Centre” with the corresponding entry and photograph.

At the same time, the personal medical book 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 licence for medical practice and an accreditation certificate), namely, a healthcare facility where the medical examination was conducted, and which gives the right to admission to work for employees of certain professions whose activities are related to serving the population and may lead to the spread of infectious diseases. The state institution “Kropyvnytskyi Pre-trial Detention Centre” does not belong to such institutions.

Kropyvnytskyi City Medical Unit No. 14 of the branch of the State Institution “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in Cherkasy and Kirovohrad regions

During the visit, the monitoring group studied medical documentation, inspected the premises of the medical unit for their compliance with the requirements of the legislation of Ukraine and international standards, and identified shortcomings in the work of Kropyvnytskyi City Medical Unit No. 14, which lead to a violation of the rights of convicted persons and persons held in custody at the state institution “Kropyvnytskyi Pre-trial Detention Centre”, in particular:

1. In violation of point 2.11 of Section II of the Procedure for interaction between healthcare facilities of the SCES of Ukraine and healthcare facilities regarding the provision of medical care to persons in custody, 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 referred to as the Procedure for interaction of SCES healthcare facilities) and point 3 of the Instruction on filling out the primary accounting document 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, the monitoring group established that medical staff do not attach one copy of the certificate to the primary accounting document form No. 025/o “Medical card of an outpatient patient”.

Photographs of existing bodily injuries are not attached to the drawn-up certificates, as provided for by point 2.11 of Section II of the Procedure for interaction of SCES healthcare facilities.

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 in custody by systematically recording bodily injuries, as well as, if necessary, by informing the relevant authorities.

In addition, the Committee, in the report following the visit to Ukraine in 2023, notes that any traumatic injuries detected during a medical examination should be photographed in detail, and the photographs, along with body diagrams, should be stored in the individual medical file of the person (CPT/Inf (2024) 20, point 82).

2. According to point 2 and point 3 of Chapter III of Section II of the “Procedure for organising the provision of medical care to persons sentenced to imprisonment”, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572 (hereinafter referred to as the Procedure), a therapist (or a general practitioner — family doctor), a psychiatrist, and a dentist must participate in the preventive medical examination.

At the same time, the position of therapist in the medical unit is vacant, which indicates the incompleteness of the initial and preventive medical examination, due to which convicted persons and prisoners do not receive proper medical care.

This violates point 38 of the Committee’s recommendations (CPT/Inf(93) 12-part), which states that medical services in places of deprivation of liberty 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 facilities. The provision of medical, auxiliary medical, and technical personnel must be ensured, and appropriate premises, equipment, and facilities must be provided.

3. In violation of the requirements of the Instruction on filling out the primary accounting document form No. 003/o “Medical card of an inpatient patient”, approved by the order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, to which all data on treatment and diagnostics in the inpatient medical unit should be entered, including those obtained during the examination of the patient with an assignment sheet, the monitoring group established the absence of a filled-out form No. 003/o “Medical card of an inpatient patient” for three imprisoned patients who were in wards for inpatients of the medical unit.

4. In violation of the requirements of the Instruction on filling out the primary accounting document form No. 003-6/o “Informed voluntary consent of the patient to the conduct of diagnostics, treatment, and the performance 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 14.02.2012 No. 110, the absence of informed voluntary consent for diagnostics and treatment signed by patients who were in the inpatient medical unit was established.

This may indicate the absence of voluntary consent of the patient for the application of methods of diagnostics, prevention, and treatment to them, which is a violation of Article 43 of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” and point 47 of the Committee’s recommendations (CPT/Inf(93) 12-part).

5. In accordance with the requirements of point 7 of part 1 of the Resolution of the Cabinet of Ministers of Ukraine dated 22 December 2023 No. 1394 “Some issues of implementing the programme of state guarantees for medical services for 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 facilities of the State Criminal-Executive Service of the technical ability to issue electronic referrals.

However, due to the absence of declared agreements with a primary medical care physician among the convicted persons, they do not have the opportunity to receive the necessary medical services at the expense of the NHSU, which leads to a violation of the requirements of paragraphs 4 and 5 of Article 4 of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare”.

6. 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 economic activities in medical practice”, the medical unit lacks a document confirming free access to the buildings and premises of the medical facility for persons with limited mobility, the receipt of which is mandatory.

7. In violation of the requirements of the Law of Ukraine “On the rehabilitation of persons with disabilities in Ukraine”, persons with disabilities do not receive proper diagnostic, treatment, and rehabilitation measures in the presence of information confirming a persistent impairment of body functions caused by diseases or the consequences of injuries, which cause limitations in normal daily activities.

During the study of the medical documentation of prisoners, it was established that one person who has a group Ⅲ disability does not have an individual rehabilitation programme (hereinafter referred to as the IRP).

Furthermore, the recommendations of the IRP are not being fulfilled, due to which he does not receive proper diagnostic, treatment, and rehabilitation measures in the presence of information confirming a persistent impairment of body functions caused by diseases and the consequences of injuries, which cause limitations in normal daily activities.

8. In violation of the requirements of the State Building Norms of Ukraine V.2.2-17:2006 “Buildings and structures. Accessibility of buildings and structures for persons with limited mobility”, conditions for maintaining persons with disabilities have not been created in the medical unit.

9. In violation of the requirements of point 1 of Section II of the Infection Control Standard for healthcare facilities providing care to patients with tuberculosis, approved by the order of the Ministry of Health dated 01.02.2019 No. 287, the medical unit does not comply with the requirements for the isolation of tuberculosis patients; the ward is used for more than one or two persons (1 ward-cell for 4 bed places); the door to the ward is not equipped with a sealed threshold or seals on the edges; air recirculation via mechanical ventilation is not provided.

10. In violation of point 9 of the Rules for the use of physical restraint and (or) isolation when providing psychiatric care to persons suffering from mental disorders, approved by the order of the Ministry of Health of Ukraine dated 24 March 2016 No. 240, registered with the Ministry of Justice of Ukraine on 15 April 2016 under No. 570/28700, the isolation ward for persons with mental disorders is not properly equipped: there is no supply and exhaust ventilation; the sanitary facility is not equipped with partitions, which violates the right to privacy; there is no tank with boiled drinking water.

11. There is no separate office for a gynaecologist in the medical unit. The aforementioned doctor performs examinations of sick convicted persons in the procedural room, which likely does not ensure confidentiality and may lead to a violation of the right to privacy during medical examinations.

12. In violation of the requirements of the Standards for medical care for Hepatitis C 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 the deterioration of their health and the spread of the mentioned infectious disease among convicted and detained persons.

13. In violation of the Procedure for organising medical care at the primary, secondary (specialised), and tertiary (highly specialised) levels using telemedicine, approved by the order of the Ministry of Health of Ukraine dated 19.10.2015 No. 681, the staff of the medical unit is deprived of the ability to make requests for telemedicine consultations and receive consultations for the provision of medical care to prisoners and convicted persons due to technical reasons.

14. The monitoring group established that when a prisoner is placed in a disciplinary cell, it is practiced to include a medical certificate in the file, which contains the health status and according to the conclusion of which the prisoner can be held in the conditions of the disciplinary cell for health reasons.

The facts discovered indicate that the institution’s staff possess confidential information about the health status of prisoners who are in the disciplinary cell. This violates the requirements of Article 39-1 of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” regarding the right of individuals to the secrecy of their health status.

At the same time, the Committee has repeatedly emphasised that the obligation of penitentiary doctors to certify the fitness of convicted persons to serve disciplinary penalties is unlikely to contribute to the development of positive relations between doctor and patient. In principle, medical staff should never be involved in any part of the decision-making process regarding the application of any type of solitary confinement, except in cases where this measure is applied for medical reasons.

On the other hand, medical staff must be very attentive to the condition of convicted persons in solitary confinement. Medical staff must be informed immediately of every such placement and must visit the convicted person immediately after placement, and then regularly, at least once a day, and provide him with prompt medical care and treatment if necessary.

Medical staff must inform the administration of the institution if the health of a convicted person is subject to a serious threat due to solitary confinement (CPT/Inf (2024) 20, point 104).

In addition, this contradicts point 43.2 and point 43.3 of the European Prison Rules.

15. During the inspection 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 penitentiary institutions in Ukraine) be equipped with life-saving equipment (Committee Report on the results of the visit to Ukraine in 2017 (CPT/Inf (2018) 41) point 87).

16. 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 and fire alarm systems.

17. 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 arrangement and operation of X-ray rooms and the conduct of radiological procedures”, approved by the order of the Ministry of Health of Ukraine dated 04.06.2007 No. 294, registered with the Ministry of Justice of Ukraine on 07 November 2007 under No. 1256/14523. Furthermore, in violation of point 2.23 of Chapter 2, the placement of extraneous equipment is permitted in the procedural room.

Recommendations:

1. Ensure compliance with minimum living space standards per prisoner;
2. Stop the practice of violating the norms of separate detention of persons in accordance with Article 8 of the Law on Pre-trial Detention;
3. Stop the practice of ill-treatment towards newly arrived prisoners/convicted persons;
4. Stop the practice of degrading the honour and dignity of prisoners/convicted persons (raising hands during cell opening);
5. Ensure proper conditions of detention for prisoners/convicted persons, taking into account personal space; stop the practice of placing beds flush against each other;
6. Ensure proper lighting in living quarters;
7. Ensure compliance with the Provision Standards in the KDiR (Internal Rules/Regime);
8. Ensure compliance with the Regulation on the organisation of bath and laundry services for persons held in penal institutions and pre-trial detention centres;
9. Stop the practice of unpaid use of prisoners/convicted persons in the food unit;
10. Take measures aimed at eliminating identified human rights violations and preventing torture, other cruel, inhuman, or degrading treatment and punishment in Kropyvnytskyi City Medical Unit No. 14 of the branch of the State Institution “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in Cherkasy and Kirovohrad regions;
11. Ensure control over proper maintenance of medical documentation in accordance with the Procedure for interaction between healthcare facilities of the SCES of Ukraine and healthcare facilities regarding the provision of medical care to persons in custody, 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;
12. Ensure control over proper maintenance of medical documentation in accordance with the Procedure for interaction between healthcare facilities of the SCES of Ukraine and healthcare facilities regarding the provision of medical care to persons in custody, 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, the Procedure for organising the provision of medical care to persons sentenced to imprisonment, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572, and other regulatory legal acts;
13. Fulfill 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 economic activities in medical practice”;
14. Ensure the receipt of informed consent from patients for examination and treatment in the established form;
15. Ensure the equipment of the isolation ward for persons with mental and behavioural disorders in accordance with the requirements;
16. Ensure the conduct of a proper medical examination of persons working with food products and the issuance of personal medical books;
17. Ensure the conduct of individual rehabilitation for persons who require it;
18. 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”;
19. Ensure convicted and detained persons have agreements with doctors who provide primary medical care in healthcare facilities of the Ministry of Health of Ukraine;
20. Ensure timely and proper recording of bodily injuries in convicted and detained persons;
21. Ensure proper medical care for persons with viral hepatitis C;
22. Equip the fire safety system in accordance with the established requirements;
23. Ensure the proper operation of the telemedicine complex for doctors to make requests for telemedicine consultations;
24. Replace the pads for the external automatic defibrillator.