Report on the findings of the monitoring visit to the Rivne Pre-Trial Detention Centre

On 18 December 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 based on Article 24 of the Criminal-Executive Code of Ukraine — Visiting of institutions for the execution of sentences, a group of monitors from the Kharkiv Human Rights Protection Group and the NGO “Protection of Prisoners of Ukraine” visited the state institution “Rivne Pre-Trial Detention Centre” (hereinafter referred to as the SIZO, the institution, or the facility). A planned repeat visit was conducted without prior notice.

During preparation for the visit, the monitors used materials from complaints by prisoners/convicts and their relatives, materials from the previous visit, which took place on 23 August 2023, as well as the report of the monitors of the National Preventive Mechanism under the Ukrainian Parliament Commissioner for Human Rights (NPM).

The visit was conducted 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 carried out by the monitors:

• Andrii Didenko — assistant to the Member of Parliament of Ukraine Yaroslav Yurchyshyn, programme coordinator of the Kharkiv Human Rights Protection Group, experience in monitoring visits since 2014;
• Serhii Zuikov — assistant to the Member of Parliament of Ukraine Kostiantyn Kasai, member of the public council under the Ministry of Justice of Ukraine, member of the public organisation “Protection of Prisoners of Ukraine”, has many years of experience in monitoring visits;
• Oleh Tsvilyi — member of the public council under the Ministry of Justice of Ukraine, head of the public organisation “Protection of Prisoners of Ukraine”, has extensive experience in monitoring visits, specialises in issues of torture, and cruel or inhuman treatment.

General Information

The institution performs the functions of a pre-trial detention centre. The facility holds individuals accused of committing criminal offences for whom pre-trial detention has been selected as a precautionary measure by court decision, as well as those convicted by courts whose sentences have not yet entered into legal force.

The institution is located at: 116 Dvoretska Street, Rivne, Rivne Region, 33000.

The head of the institution is Colonel of the Internal Service Volodymyr Oleksandrovych Kalambet.

The institution consists of a duty unit, an assembly department, a kitchen, cell premises for pre-trial male detainees, women, and minors, transit cells, a facility maintenance department, punishment cells (karcer), 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 authorised staff size consists of 165 positions. The actual number of staff is 157 positions. The total staff shortage in the institution is 8 employees.

The institution employs 1 psychologist for prisoners and convicts and 1 psychologist for the personnel department.

The institution has a capacity of 392 places. During 2024, 995 people arrived at the SIZO. There are 304 prisoners/convicts held in the facility. In the SIZO, there are 69 active cells and 2 cells undergoing renovation.

In 2023, 6 people died, and in 2024 — 2. 11 people are employed, of whom 10 are on employment contracts and 1 on a civil law contract.

There was 1 person in the punishment cell. There were 7 people receiving treatment in the medical unit. There are 17 people registered with HIV/AIDS.

The institution’s operational-preventive register included: 6 people prone to suicide, 7 prone to self-harm, and 4 prone to escape. There are 8 malicious violators of the detention regime.

In 2023-2024, not a single complaint was received from prisoners and convicts regarding inappropriate detention conditions or improper provision of medical care.

The convicts have 30 tablets with internet access for personal use.

During 2023, 39 cases of bodily injuries were recorded: 36 upon arrival and 3 cases during their stay in the institution. During 2024, there were 56 cases: 49 upon arrival and 7 during their stay in the institution.

The group of monitors conducted interviews with approximately 139 prisoners and convicts. It is worth noting that the administration does not conceal deficiencies in the institution; the management of the facility facilitated the monitoring visit in every possible way, which can be considered a sign of openness and transparency, as well as proper and adequate response to human rights violations.

Humanitarian Needs

In the framework of previous visits to the institution, attention was drawn to a deficiency — the lack of a forced-air and exhaust ventilation system in the laundry shower rooms, the linen drying room, and the cells for holding prisoners. According to the decision of the European Court of Human Rights in the case “Granitnyi v. Ukraine”, involving an individual who was held in the SIZO, the lack of fresh air in the cells was noted.

To provide the aforementioned premises of the institution with forced-air and exhaust ventilation, the institution applied to the specialised organisation SPEF “Modern Engineering Technologies” to carry out calculations for the installation of a ventilation system. In accordance with the calculations performed, an appeal was sent to the Ministry of Justice regarding the allocation of funds for these needs. At present, the situation regarding the allocation of funds remains unresolved.

Positive Practices

Renovation works on residential and utility premises are taking place in the institution. Attention is paid to a healthy lifestyle for prisoners/convicts; exercise yards are equipped for prisoners/convicts with children, featuring sports equipment, exercise machines, and a table tennis table.

Facts Discovered During the Visit

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

1. In violation of Part 1 of Article 115 of the Criminal-Executive Code of Ukraine and Paragraph 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 holding men sentenced to life imprisonment (hereinafter — the Sector), the living space standard, according to the living space measurement report per one convict, is less than 4 m².

Thus, in cell no. 27, which, according to the living space measurement report, is designed to hold one convicted person, 2 beds were located and 2 convicted persons were being held, while the area of the premises was 5.96 m². Consequently, the actual area per one convicted person was 2.98 m².

In Paragraph 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), it is noted that the problem of overcrowded cell premises leads to unhygienic conditions, a constant lack of privacy, and the overloading of medical services and the institution's infrastructure. The Committee concludes that quite often, the negative impact of overcrowding resulted in inhuman or degrading conditions of detention for prisoners (CPT/Inf (97) 10).

Furthermore, in Paragraph 59 of the 21st General Report of the Committee, it is stated that any cell smaller than 6 m² should no longer be used to hold prisoners. (CPT/Inf (2011) 28). It should be noted that punishment cells no. 1, 2 (cells no. 51, 52) also do not meet these requirements and have an area of less than 6 m².

In addition, the Committee in its report following the 2023 visit to Ukraine once again calls upon the Ukrainian authorities to take measures, in accordance with the Committee’s long-standing recommendation, to review current legal norms regarding living space for persons in custody, in order to guarantee at least 4 m² per person in multi-occupancy cells (excluding the area occupied by in-cell toilets). (CPT/Inf (2024) 20, paragraph 38).

2. In violation of Article 8 of the Law of Ukraine “On Pre-Trial Detention” and Paragraph 17.2 of the European Prison Rules (hereinafter — EPR), the monitors established cases of violation of the requirements regarding the separate holding of prisoners. Thus, in cell premises nos. 2, 3, 4, 6, 9, 10, 15, 16, 17, 19, 20, individuals who had previously served sentences in places of deprivation of liberty were held together with person(s) who were being held criminally liable for the first time.

The aforementioned indicates a systemic failure by the institution’s administration to comply with requirements regarding ensuring proper control over the placement of prisoners, does not correspond to the principles of dynamic security, and leads to a violation of 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 inspection of the assembly department premises, it was established that their equipment does not fully comply with the requirements of the Procedure for the provision, accounting, and operation of furniture, inventory, and household items and the norms of their provision and operation in institutions for the execution of sentences 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 — Provision Norms).

Thus, the assembly department lacks the following premises: a photo laboratory; a storeroom for the temporary storage of dirty bedding and property; a room for storing the exchange fund of bedding and property; a changing room; quarantine cells; cells for the sick (isolation cell); and rooms for food distribution, food storage, and washing of tableware.

At the same time, there is only one room available for holding persons arriving at and departing from the institution, which does not allow for holding prisoners and convicts in compliance with isolation requirements, which is a violation of Paragraph 10 of Chapter 2, Section II of the Internal Rules of Pre-Trial Detention Centres of the State Criminal-Executive Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5 (hereinafter — SIZO Internal Rules).

Furthermore, proper natural lighting does not enter the aforementioned cell premises due to the lack of windows. There is no sanitary facility. The above indicates a violation of the prisoners' rights to humane treatment and respect for their human dignity, in accordance with Part 3 of Article 1 of the Law of Ukraine “On Pre-Trial Detention” and Rule 13 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

At the same time, the Committee in its 11th General Report states that security measures should never involve depriving prisoners of natural light and fresh air, the right to which every prisoner possesses. Moreover, the lack of sunlight and fresh air creates conditions favourable for the spread of diseases — in particular, tuberculosis. (Paragraph 30 (CPT/Inf (2001) 16)).

4. 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, the 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 nos. 19, 20, 27, 29, 35, 37, 54, 55, 42, 46, 47, 48, etc.).

Furthermore, in violation of the requirements of Article 11 of the Law on Pre-Trial Detention and Paragraph 2 of Chapter 3, Section IX of the SIZO Internal Rules, prisoners are not provided with proper material and living conditions that meet sanitary and hygiene rules. Thus, prisoners wash and dry clothes in the cell premises, which indicates inadequate organisation of bath and laundry services in the institution. There is clutter from personal belongings. There is insufficient natural light due to excessive grilles on the windows in the cells.

According to Appendix Zh “Normative indicators for lighting premises of residential buildings”, DBN V.2.5-28:2018 “Natural and Artificial Lighting”, approved by the Order of the Ministry of Regional Development, Construction, and Housing and Communal Services of Ukraine dated 03.10.2018 No. 264, the illumination of bedrooms and living rooms must be at least 150 LUX. In cell premises no. 55 — 39.1 LUX of artificial lighting and 5.6 LUX of natural lighting; in cell no. 63 — 81 LUX of artificial lighting and 0 LUX of natural lighting.

There is excessive humidity in the cell premises. According to sanitary rules, the optimal humidity in residential premises during the cold period of the year should be 30-45%. Permissible indicators for these types of premises are up to 60%. During the warm period of the year, the optimal humidity in a residential premise is 30-60%.

In cell no. 20, humidity of 62% was recorded; in cell no. 24, 69%.

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

At the same time, in the Government of Ukraine’s report following the 2023 visit, the Committee called upon the Ukrainian authorities to take necessary measures to improve the material conditions of detention, in particular, to reduce cell occupancy so that at least 4 m² of living space per detainee (excluding the area occupied by in-cell toilets) is provided; to maintain all areas where convicts and detained persons are accommodated, including sanitary facilities, in a proper state of repair and hygiene, and to carry out disinfestation regularly and frequently; to ensure sufficient access to natural light and ventilation in cells, and to fully equip internal sanitary facilities with partitions (i.e., from floor to ceiling). (CPT/Inf (2024) 20, paragraph 58).

5. During the visit to the maximum-security sector, near the external doors of the cells for holding convicts sentenced to life imprisonment, it was established that name cards were placed providing information with a brief description of the crimes committed by the individuals who are in the cells.

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

6. During the visit, the monitoring group recorded that staff of the institution who are in direct contact with convicts openly carry special means, in particular, rubber batons. At the same time, according to the eighth paragraph of Paragraph 8 of Chapter 1, Section V of the SIZO Internal Rules, the carrying of special means by SIZO staff within the secured territory of the SIZO must be, as far as possible, hidden from view.

At the same time, the Committee recommends that penitentiary staff working in direct contact with prisoners should not carry special means (such as rubber batons, handcuffs, and tear gas canisters) openly in front of prisoners. Such carrying hinders the establishment of normal relationships between staff and prisoners (Paragraph 85 (CPT/Inf (2011) 29), Paragraph 23 (CPT/Inf (2013) 23), Paragraph 166 (CPT/Inf (2014) 15)).

7. According to official documentation, as of 18.12.2024, the total staff shortage in the institution was 8 positions (4.84%) of the authorised staff size. At the same time, in the Government of Ukraine’s report following the 2023 visit, the Committee emphasises that ensuring a positive climate in a penitentiary institution requires a professional team of staff, who must be present in sufficient numbers at any moment in time in places of detention.

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

In connection with this, the Committee calls upon the Ukrainian authorities to take decisive measures to significantly increase the number of staff in penitentiary institutions in Ukraine, where a low level of staffing is observed, in order to strengthen the presence of security and supervisory service staff within the institutions. Measures must also be taken to put an end to 24-hour shifts for staff on duty. (CPT/Inf (2024) 20, paragraph 93).

8. Paragraph 4 of Chapter 2, Section III of the SIZO Internal Rules defines that, to prevent escapes and the commission of criminal offences, violations of the order of detention and sentence serving established by legislation, as well as to ensure the safety of prisoners, convicts, SIZO staff, and other persons present on the territory of the SIZO, audiovisual, electronic, and other technical means are applied. Thus, during the inspection of cell premises nos. 19, 55, 47, installed video surveillance cameras were recorded.

At the same time, in its 2012 report, the Committee criticised excessive interference with privacy through the installation of video cameras in the residential premises of convicts: “The CPT agrees that video surveillance in cells can be a useful safeguard in specific cases, for example, when a person is considered to be of concern regarding the risk of self-harm or suicide, or if there are specific suspicions that a convict is committing certain actions in the cell that could jeopardise safety.

However, any decision to apply video surveillance to a specific convict must always be based on an individual assessment of real risks and must be reviewed frequently on a regular basis. Video surveillance is a serious interference with the private life of prisoners and makes the regime even more repressive, in particular, when applied over a long period of time. (CPT/Inf (2013) 23, paragraph 52).

9. The premises of the unit for convicts left for maintenance work do not fully comply with the requirements of the Provision Norms. In particular, the following premises are missing: a room for educational work; a room for storing food products; a room for storing personal belongings; a room for storing the exchange fund of bedding, property, and workwear; a storeroom for the temporary storage of dirty bedding, property, and workwear; a cloakroom; a utility room; and drying rooms.

The absence of these premises or their improper arrangement leads to a violation of sanitary and hygienic standards. Consequently, food products may be stored at improper temperatures, in damp or contaminated premises, which contributes to their rapid spoilage, the growth of mould, and the reproduction of pathogenic bacteria, while 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.

10. According to Paragraph 10 of Chapter 2, Section IX of the SIZO Internal Rules, those left in the SIZO for maintenance work are subject to 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 and organisations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations and issuing personal medical books”. For every convict of this category, primary accounting documentation 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.

At the same time, the monitoring group recorded the absence of a personal medical book for 5 convict maintenance workers, and the absence of results of examinations in the medical documentation, which are conducted by medical specialists (including laboratory, clinical, and other studies) necessary for admission to work.

11. 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 of convicts 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, while studying the register of checking the presence of convicts at workplaces and during confidential communication, established that the duration of the working day for convicts involved in maintenance work in the canteen, with whom an employment contract for a 0.5 rate was concluded, is greater than 8 hours and reaches 9-10 hours per day, i.e., over 40 hours per week, and the working week consists of six, and in some cases, seven days.

Furthermore, prisoners are involved in work in the kitchen and the bath and laundry complex for a full working day, which lasts 8 hours. At the same time, involving prisoners in the specified work without payment for their labour contradicts the requirements of Paragraph 1 and Paragraph 6 of Chapter 1, Section IX of the SIZO Internal Rules and the requirements of Part 2 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 improvement of the place of pre-trial detention. Such persons are involved in such work in turn during time free from investigative actions and for no more than two hours during the day”.

Rivne City Medical Unit of the branch of the State Institution “Health Care Centre of the State Criminal-Executive Service of Ukraine in the Volyn and Rivne 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 deficiencies in the work of the Rivne City Medical Unit, which lead to the violation of the rights of convicts and persons held in custody at the state institution “Rivne Pre-Trial Detention Centre”, in particular:

1. 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 diagnosis, treatment, and for surgery 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 signed informed voluntary consent for diagnosis and treatment was established among patients who were in the hospital of the medical unit.

The aforementioned may indicate the lack of informed voluntary consent of the patient for the application of methods of diagnosis, prevention, and treatment, which is a violation of Article 43 of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” and Paragraph 47 of the Committee’s recommendations (CPT/Inf (93) 12-part).

2. Due to the absence of a gynaecologist on the staff of the medical unit, women held in the institution do not undergo a planned medical examination by the specified specialist. This deprives them of the opportunity to timely receive qualified medical care, which is a violation of their right to health protection and medical care guaranteed by Article 49 of the Constitution of Ukraine. Examination of women is carried out irregularly and selectively, by referral for consultations with medical specialists outside the institution.

At the same time, such an approach does not ensure full access to medical services, as it depends on the organisational capabilities of the SIZO, personnel accompaniment, and other factors that may limit the frequency and promptness of consultations. This violates Paragraph 38 of the Committee’s recommendations (CPT/Inf (93) 12-part), which states that medical services in places of detention must be able to ensure 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 civil medical institutions. Provision of medical, auxiliary medical, and technical personnel must be ensured, and appropriate premises, equipment, and facilities must be provided.

3. During the study of medical documentation, it was established that in the outpatient medical records 025/o, form No. 511/o “Certificate of fixation of bodily injuries”, approved by the Order of the Ministry of Health of Ukraine dated 02 February 2024 No. 186, photographs of existing bodily injuries are not attached, as is provided for by Paragraph 2.11 of Section II of the Procedure for interaction between healthcare institutions of the SCES of Ukraine and healthcare institutions 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 — the Procedure).

The lack of proper fixation of bodily injuries does not comply with Paragraph 60 of the Committee’s recommendations (CPT/Inf (93) 12-part), which states that medical services in places of detention can contribute to the prevention of violence against persons held in custody through the systematic registration of bodily injuries, as well as, if necessary, through informing the relevant authorities.

4. In violation of Paragraph 4 of Chapter 1, Section X of the Internal Rules of Pre-Trial Detention Centres of the State Criminal-Executive Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5, there is no isolation ward in the hospital for persons with mental disorders for prisoners who pose a danger to others. At the same time, the monitoring group identified a person with mental disorders who was held in a punishment cell for over two weeks (cell no. 53).

Considering the duration of the almost continuous isolation of the prisoner without the provision of proper medical care, these circumstances indicate a violation of the right to health protection and medical care and can be interpreted as cruel, improper, or degrading treatment. In this context, the Committee notes that placing convicts with mental disorders in such conditions for a long period can be considered a denial of proper treatment, and therefore, if necessary, such persons should be transferred to specialised institutions. (CPT/Inf (2011) 29, paragraph 96).

In addition, in accordance with Paragraph 43 of the Third General Report of the Committee’s recommendations, a mentally ill prisoner should be held and cared for in a hospital facility with sufficient equipment and properly trained personnel. Such a facility could be a regular (civil) psychiatric hospital or a specially equipped psychiatric facility within the penitentiary system.

5. During communication with the medical unit staff and inspection of medical offices, wards, and other premises, the monitoring group established that medical workers in the procedural room continue the systematic practice of conducting medical examinations and medical procedures for convicts and prisoners through bars.

At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment regularly criticises excessive security measures and considers such practices unacceptable, as they infringe upon the dignity of prisoners, hinder the development of proper relationships between medical staff and the patient, and possibly interfere with the establishment of an objective medical conclusion. (Report of the Committee following the visit to Ukraine in 2009 (129.CPT/Inf (2011) 29), in 2012 (50 CPT/Inf (2013) 23)).

6. The medical unit is not provided with functioning fluorographic/X-ray equipment, as a result of which diagnostic examinations of the chest cavity organs are not conducted for convicts and prisoners for the purpose of timely detection of respiratory diseases, which indicates the impossibility of early diagnosis of tuberculosis in the medical facility.

7. In violation of the requirements of Paragraph 1 of Section II of the Infection Control Standard for healthcare institutions providing care to patients with tuberculosis, approved by the Order of the Ministry of Health dated 01.02.2019 No. 287, and Paragraph 8 of Chapter 2, Section X of the SIZO Internal Rules, the medical unit did not comply with the requirements for the isolation of persons with tuberculosis; in particular, ordinary cells designed for the accommodation of more than one or two persons (for 5 and 6 persons) are used for isolation; the doors to the isolation wards are not equipped with a sealed threshold or seals along the edges; and air recirculation by means of mechanical ventilation is not provided.

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 people with limited mobility”, conditions for holding people with disabilities have not been created in the medical unit.

9. 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 dysfunction of the body caused by diseases or consequences of injuries that cause limitations in normal life activities. During the study of the medical documentation of prisoners, it was established that one person with a disability does not have an individual rehabilitation programme (hereinafter — 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 dysfunction of the body caused by diseases and consequences of injuries, which cause limitations in normal life activities.

10. In violation of Paragraph 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 “On approval of Licensing conditions for the conduct of economic activities in medical practice”, there is no document in the medical unit confirming free access to the buildings and premises of the medical facility for persons with limited mobility, the obtaining of which is mandatory.

11. In violation of the requirements of the Standards of medical care for HCV in adults, approved by the Order of the Ministry of Health of Ukraine dated 15.01.2021 No. 51, not all persons (35 people as of 18.12.2024) with suspected viral hepatitis C are undergoing PCR testing, due to which they do not receive the necessary treatment, which may lead to a deterioration of their health and the spread of the specified infectious disease among convicts and prisoners.

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 19.10.2015 No. 681, the medical unit staff are deprived of the ability to make requests for telemedicine consultations and receive consultation for the provision of medical care to prisoners and convicts due to technical reasons.

13. In violation of the requirements of the Equipment Table for one workplace of a dentist and dental technician, approved by the Order of the Ministry of Health of Ukraine dated 11.04.2005 No. 158, there is no dental X-ray apparatus in the medical unit, which makes it impossible to conduct in-depth dental examination of convicts and does not ensure timely provision of proper dental care. Furthermore, the monitoring group established that among the types of dental care, only tooth extraction is practiced, which limits the right of patients to receive proper dental care.

Recommendations:

1. Ensure minimum living space standards for the holding of one prisoner/convict;
2. Ensure separate holding of persons, as provided for by Article 8 of the Law of Ukraine on Pre-Trial Detention;
3. Ensure the presence of necessary premises in the assembly department in accordance with the Provision Norms;
4. Ensure a properly equipped room for holding prisoners/convicts in the assembly department;
5. Ensure properly enclosed sanitary facilities in cell premises;
6. Ensure proper lighting in cell premises;
7. Ensure compliance with permissible humidity standards in residential premises;
8. Ensure repair works in cell premises that require renovation;
9. Terminate the practice of displaying information in name cards of prisoners/convicts placed near the cell that is protected by the Law on the Protection of Personal Data;
10. Terminate the practice of open demonstration of special means by the institution’s personnel;
11. Terminate the practice of using video surveillance cameras that violate the right to privacy of persons held in custody;
12. Provide the unit for convicts left for maintenance work with proper premises, in accordance with the Provision Norms;
13. Terminate the practice of using overtime working days for persons involved in maintenance work;
14. Take measures aimed at eliminating identified human rights violations and preventing torture, other cruel, inhuman or degrading treatment and punishment in the Rivne City Medical Unit of the branch of the State Institution “Health Care Centre of the State Criminal-Executive Service of Ukraine in the Volyn and Rivne regions”;
15. Ensure control over proper maintenance of medical documentation in accordance with the Procedure for interaction between healthcare institutions of the SCES of Ukraine and healthcare institutions 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 convicts to deprivation of liberty, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572, and other regulatory legal acts;
16. Staff the medical unit with medical specialists according to needs;
17. Fulfil the requirements of Paragraph 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 “On approval of Licensing conditions for the conduct of economic activities in medical practice”;
18. Ensure the obtaining of informed consent of patients for examination and treatment in the established form;
19. Ensure the equipping of an isolation ward for persons with mental and behavioural disorders in accordance with requirements;
20. Ensure the provision of proper psychiatric medical care in accordance with the Law of Ukraine “On Psychiatric Care”;
21. Ensure the obtaining of informed consent of patients for examination and treatment in the established form;
22. Ensure the conduct of a proper medical examination of persons working with food products and the issuance of personal medical books;
23. Ensure the conduct of individual rehabilitation for persons who need it;
24. 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 people with limited mobility”;
25. Ensure convicts and prisoners have agreements with doctors providing primary medical care in healthcare institutions of the Ministry of Health of Ukraine;
26. Ensure timely and proper fixation of bodily injuries in convicts and prisoners;
27. Ensure proper medical care for persons with viral hepatitis C;
28. Ensure the medical unit is equipped with necessary diagnostic equipment, including a dental X-ray apparatus.