Report on the results of the monitoring visit to Horodyshchenska Correctional Colony No. 96
On 19 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 United Nations 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 Penal Code of Ukraine — Visiting Penal Institutions, a group of monitors from the Kharkiv Human Rights Protection Group and the NGO ‘Prisoners’ Protection of Ukraine’ visited the state institution ‘Horodyshchenska Correctional Colony No. 96’ (hereinafter GVK-96, the institution, the facility).
A follow-up general unannounced visit to GVK-96 took place; the previous visit was on 22 August 2023.
During preparation for the visit, the monitors used materials from appeals by convicts and their relatives, materials collected during the previous visit, and the report of the National Preventive Mechanism (NPM) under the Commissioner for Human Rights of the Verkhovna Rada.
The visit was conducted within the framework of the project ‘Reducing the suffering of prisoners in the context of the war in Ukraine’, funded by the government of Denmark in partnership with DIGNITY — The Danish Institute Against Torture.
The visit was carried out by the following monitors:
- Andrii Didenko — assistant to the People’s Deputy of Ukraine Yaroslav Yurchyshyn, programme coordinator of the Kharkiv Human Rights Protection Group, experience in monitoring visits since 2014;
- Serhii Zuikov — assistant to the People’s Deputy of Ukraine Kostiantyn Kasai, member of the public council under the Ministry of Justice of Ukraine, member of the NGO ‘Prisoners’ Protection 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 NGO ‘Prisoners’ Protection of Ukraine’, has extensive experience in monitoring visits, specialises in issues of preventing torture and cruel, inhuman treatment.
General Information
Horodyshchenska Correctional Colony No. 96 is a maximum-security penitentiary facility for the detention of men convicted of serious and particularly serious crimes.
The institution is located at: 35341, Rivne region, Rivne district, Horodyshche village.
The head of the institution is Yurii Anatoliiovych Tkachuk.
The institution consists of a duty unit, residential and industrial zones, a disciplinary isolation ward (DIZO/PKT), a medical unit, and a high-security section for the detention of inmates sentenced to life imprisonment.
According to the institution’s administration, the authorised staff number consists of 236.5 positions. The actual number is 217 positions. The total staff shortage in the institution is 17.5 employees. The institution employs 3 psychologists according to the staffing table: one for staff and 2 for work with convicts.
At the time of the visit, there were 302 convicts in the institution, residing in 8 socio-psychological service units. The institution has a capacity of 602 people.
During 2024, 136 convicts arrived at GVK-96. In 2023, 2 people died in the institution; in 2024, 2 died.
In the medical unit, 7 people were receiving inpatient treatment. 19 convicts are registered as HIV/AIDS positive. According to data provided by the management, 19 convicts are employed under employment contracts, and 84 people work under civil-law contracts.
On operational record, there are: 22 individuals prone to suicide, 22 prone to self-harm, 6 prone to escape, and 16 malicious violators of the detention regime.
Due to serious illness, 1 person was released in 2023. There are 33 people with disabilities in total in the institution. During 2023, 3 people submitted complaints regarding inadequate detention conditions; in 2024, no one submitted complaints regarding inadequate detention conditions or inadequate medical care.
Within the scope of the study on correspondence, during the first half of 2023, 5 appeals were sent to the Commissioner for Human Rights of the Verkhovna Rada, and 4 responses were received. During the first half of 2024, there were 2 such appeals, and 7 responses were received.
During the first half of 2023, 5 appeals were sent to the prosecutor’s office, and 5 responses were received; during the first half of 2024, 8 appeals were sent, and 3 responses were received.
During the first half of 2023, 36 appeals were sent to human rights organisations; during the first half of 2024, 4 appeals were sent.
During the first half of 2023, 3 electronic complaints were sent; during the first half of 2024, 1 complaint was sent.
During 2023, 1 case of bodily injury was recorded upon arrival, and 10 cases were recorded during the stay in the institution. During 2024, 9 cases of sustaining bodily injuries while in the institution were recorded. Convicts possess 210 tablets for personal use, and 37 people have registered email addresses.
Positive Practices
Renovated sleeping quarters that take into account personal space for convicts, rooms for psychological and social work, and patriotic motifs throughout 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 convicted persons.
1. The equipment of the Quarantine, Diagnostics, and Distribution (KDiR) section does not meet the standards for the treatment of prisoners and the conditions of their detention according to needs. Thus, in violation of the requirements of the ‘Norms for the Provision of Furniture, Inventory, and Household Items for Maximum-Security Correctional Colonies’, approved by the order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5 (hereinafter — Provision Norms), the section lacks a number of rooms, namely: a room for storing personal belongings of convicts; a room for storing the exchange fund of bedding, clothing, and special protective clothing; a storage room for the temporary storage of soiled bedding, clothing, and special protective clothing; a wardrobe; a household room; and a drying room.
The absence of these premises or their inadequate equipment leads to a violation of sanitary and hygienic standards. 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 general sanitary situation in the institution.
At the same time, the section lacks a room for conducting educational work, which creates significant obstacles to the organisation and conduct of socio-educational activities with newly arrived convicts.
According to clauses 1 and 2 of Section II of the ‘Regulations on the Quarantine, Diagnostics, and Distribution Section’, approved by the order of the Ministry of Justice of Ukraine dated 04.11.2013 No. 2300/5, registered in the Ministry of Justice of Ukraine on 04.11.2013 under No. 1864/24396 (hereinafter — Regulations on KDiR), for the organisation of work with newly arrived convicts, a working group is established by order of the head of the institution, which includes deputy heads of the institution, heads of structural units of the institution, a psychologist, and a medical worker.
To plan this work, a programme for familiarising newly arrived convicts with the order and conditions of serving sentences is drawn up annually, which is approved by the head of the institution.
At the same time, during confidential communication with convicts and an analysis of service documentation, the monitoring group established that members of the working group do not fully carry out the measures provided for by the programme for familiarising newly arrived convicts with the order and conditions of serving sentences. In particular, instead of the members of the working group, the head of the KDiR section entered marks regarding the conduct of activities with newly arrived convicts provided for by the programme. The work of the medical worker was formal in nature and was reduced to receiving convicts to address their appeals.
2. In violation of the requirements of Clause 2, Section I of the Regulations on KDiR, the exercise yards of the KDiR section and the medical unit are located next to the common entrance to the building. This leads to the fact that newly arrived convicts during exercise have the opportunity to contact, without hindrance, convicts who are receiving inpatient treatment or visiting the medical unit, which contradicts the requirements of isolation.
3. During a visit to the institution’s disciplinary isolation ward (hereinafter — DIZO/PKT), it was established that in violation of Clause 3, Section XX of the Internal Regulations of Penal Institutions (PVR UVP), there is no radio communication in the cell premises of the DIZO/PKT.
4. In violation of Clause 4, Section IV of the ‘Procedure for the Use of Technical Supervision and Control Means in Correctional and Educational Colonies of the State Criminal-Executive Service of Ukraine’, approved by the order of the Ministry of Justice of Ukraine dated 26.06.2018 No. 2025/5 (hereinafter — Procedure for the Use of Technical Means), it was established that the DIZO/PKT cells are not equipped with staff call buttons, which complicates the operative contact of convicts with the institution’s staff.
5. In violation of the requirements of the Provision Norms, the DIZO/PKT lacks a number of premises, namely: a room for storing convicts’ personal belongings; a storage room for the temporary storage of soiled bedding, clothing, and special protective clothing; a changing room; and a dressing room.
6. During the inspection of the DIZO/PKT, it was established that convicts serving disciplinary penalties are kept in cell premises one by one. At the same time, according to paragraph 53 of the 21st 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 solitary confinement can have extremely destructive consequences for the psychological, somatic, and social health of these persons, which may occur immediately and worsen depending on how long this measure lasts and how uncertain it is in time. Furthermore, it can create conditions for intentional ill-treatment of prisoners out of the view of other prisoners and prison staff (CPT/Inf (2011) 28).
7. In the cell premises of the DIZO/PKT, 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 identified. The toilets in some cells do not contain sufficient partitions or doors (cell No. 12) that would allow for privacy, which violates the requirement of Rule 19.3 of the European Prison Rules.
8. Exercise yards Nos. 8, 9, 10, and 11 are not equipped with sufficient shelter from atmospheric precipitation. At the same time, the Committee, in its second General Report, notes that daily outdoor exercise should take place in an area of sufficient size. The area for outdoor exercise should be, as far as possible, equipped with a shelter in case of bad weather. (CPT/Inf (92) 3, paragraph 48).
9. During the visit to the maximum-security section, it was found that name cards providing a brief description of the crimes committed by the persons inside were placed on the outer doors of the cells used for holding life-sentenced convicts. In its report following the visit to Ukraine in 2020, the Committee noted that this practice should be stopped, as it serves no reasonable purpose and, apart from stigmatisation, has the effect of damaging the relationship between prisoners and prison staff (CPT/Inf (2020) 40, paragraph 52).
10. During the visit, the monitoring group recorded that the institution’s staff who are in direct contact with convicts openly carry special means, in particular rubber batons. At the same time, according to paragraph eight of Clause 1, Section XXVI of the PVR UVP, the carrying of special means by the staff of penal institutions within the secured territory of the penal institution should be as hidden from the surroundings as possible.
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 before prisoners. Such carrying prevents the establishment of normal relations between staff and prisoners (CPT/Inf (2011) 29, paragraph 85; CPT/Inf (2013) 23, paragraph 23; CPT/Inf (2014) 15, paragraph 166).
11. The monitoring group identified violations that can be interpreted as inadequate conditions of detention, in particular, insufficient levels of natural and artificial lighting in the cell premises and convict access to drinking water. Thus, during communication, convicts reported that they are forced to drink water from the central water supply.
In the cells for holding convicts, due to excessive grating and a lack of natural light, the general lighting is constantly switched on. According to Appendix G ‘Normative 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 working surfaces in sleeping and residential rooms should be 150 Lux. For example, in cell No. 36, artificial lighting was recorded at 6.4 LUX.
12. According to Clause 3.1 of the ‘Instructions on Working Conditions 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 (hereinafter — Instructions on Working Conditions), work is carried out on a voluntary basis based on a civil-law contract or an employment contract concluded between the convict and a sole proprietor or a legal entity for whom the convicts perform work or provide services.
At the same time, it was established that the institution’s administration uses the labour of convicts in positions of canteen maintenance staff without payment. Thus, during confidential communication and analysis of documentation, it was established that convict H. has been working without a concluded employment contract as a cook since the beginning of the year. In particular, upon checking the logbook of canteen staff examinations by medical workers, it was established that in the period from January to December 2024, with the exception of June, convict H. was examined by medical workers every day before the start of work.
Furthermore, in violation of Article 119 of the Penal Code of Ukraine, Article 52 of the Labour Code of Ukraine, and the ‘Instructions on Working Conditions 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 length of the working day for convicts in canteen maintenance exceeds 8 hours and reaches 10–11 hours per day.
13. According to Clause 17 of Section V of the ‘Regulations on the Organisation of Food Supply in the State Criminal-Executive Service of Ukraine during Peacetime’, approved by the order of the Ministry of Justice of Ukraine dated 15.06.2021 No. 2160/5, daily samples of each dish of the ration are left in the institution’s canteen. Sampling is carried out by the cook from the pot in the presence of a medical worker of the healthcare facility into clean, lidded dishes (previously washed and boiled) before the food is issued. Daily samples are stored in the canteen refrigerator at a temperature of +4 to +8 °C. Samples of dishes from each meal are stored for 24 hours until the end of the similar meal on the next day. However, in violation of the above, the monitoring group, during an inspection of the canteen premises, established the absence of lunch dish samples.
14. In violation of the requirements of the Provision Norms, the institution’s canteen lacks a cloakroom, which leads to convicts being forced to eat in their outer clothing.
15. The monitoring group identified a number of violations in the organisation of laundry and bath services for convicts and detained persons. Thus, in violation of Clause 2.14 of Section II of the ‘Regulations on the Organisation of Laundry and Bath 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 — Regulations), the institution does not ensure the provision of hairdressing services to convicts and detainees.
In violation of the requirements of Clause 2.11 of Section II of the Regulations, in the laundry, bath, and shower premises of the DIZO/PKT, the forced supply and exhaust ventilation system does not work. During communication with newly arrived persons who were in the KDiR section and checking the Logbook of Visits to the Institution’s Bath, it was established that in violation of the requirements of Clause 4, Section XXII of the PVR UVP and Clause 3.19 of Section III of the Regulations, compliance with sanitary, hygienic, and anti-epidemic rules is not properly ensured. Sanitary treatment of convicts arriving at the institution is not carried out. In violation of the requirements of Rule 19.3 of the European Prison Rules, the right to privacy is not respected in the DIZO bath and shower premises due to the lack of curtains on the shower partitions.
16. According to service documentation, the staff shortage in the institution is 17.5 positions (7.5%). The shortage of middle and senior commanding staff is 9 positions. The shortage of rank-and-file and junior commanding staff is 5 positions. The shortage of employees without special ranks is 3.5 positions.
At the same time, in the Government of Ukraine’s report on the results of 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 detention areas.
An insufficient number of staff 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 on the Ukrainian authorities to take decisive measures to significantly increase the number of staff in penitentiary institutions of Ukraine, where a low level of staffing is observed, in order to strengthen the presence of security and supervision service staff inside the institutions. It is also necessary to take measures to put an end to 24-hour shifts for staff on duty. (CPT/Inf (2024) 20, paragraph 93).
17. The monitoring group established that the institution’s administration establishes artificial obstacles to the implementation of regulations that provide for the possibility of replacing the unserved part of a sentence with a more lenient one, as well as for the application of parole, which contradicts the principle of step-by-step reintegration of the convict into society.
Thus, according to the provided information, during the 11 months of 2024, 24 meetings of the commission regarding the application of incentive norms to convicts, which are provided for by current legislation, were held in the institution.
40 convicts fell under the scope of Article 81 of the Criminal Code of Ukraine; the institution’s commission reviewed 40 files, and all convicts were denied the submission of materials to the court regarding parole, as they had not embarked on the path of correction.
41 convicts fell under the scope of Article 82 of the Criminal Code of Ukraine; the commission reviewed 41 files, and all convicts were denied the submission of materials to the court, as they had not embarked on the path of correction.
11 convicts fell under the scope of Article 101 of the Penal Code of Ukraine; the institution’s commission reviewed the files of 11 convicts, and all were denied transfer to a different security level, as they had not embarked on the path of correction.
61 convicts fell under the scope of Articles 101, 151-1 of the Criminal Code of Ukraine; the commission reviewed 61 files, 50 convicts were denied transfer to ordinary living premises of a maximum-security correctional colony and to a medium-security colony, as they had not embarked on the path of correction, and 11 convicts were granted it.
18. According to Clause 7 of Chapter III, Section II of the ‘Procedure for Organizing 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 — Procedure), convicts who work at food facilities (except for work related to the positions of salespeople, heads of food and clothing warehouses, storekeepers) and in the processing industry, in children’s homes, general secondary education institutions, vocational training units in special correctional colonies, medical units (feldsher posts), and hospitals of the State Criminal-Executive Service (except for work related to the provision of medical care), laundries, baths, rooms for long-term visits, dormitories, clubs, and at water supply and sewage facilities, and animal breeding and farming sections, must 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 Employees Are Subject to Mandatory Preventive Medical Examinations, the Procedure for Conducting These Examinations, and the Issuance of Personal Medical Books’. For each convict of this category, a 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 in the Ministry of Justice of Ukraine on 23 April 2013 under No. 662/23194, is opened.
At the same time, the monitoring group was provided with forged personal medical books of form No. 1-OMK issued to convicts from among the maintenance staff, into which information regarding the completion of medical examinations and issuance by the state institution ‘Horodyshchenska Correctional Colony No. 96’ was entered with a corresponding entry in the document.
However, the personal medical book of form No. 1-OMK, the form and content of which were established by the order of the Ministry of Health of Ukraine dated 21.02.2013 No. 150, registered in 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 facility where the medical examination was conducted, and which grants the right of admission to work for employees of certain professions whose activities are related to servicing the population and may lead to the spread of infectious diseases. The state institution ‘Horodyshchenska Correctional Colony No. 96’ does not belong to such facilities.
Medical Unit No. 96 of the Branch of the State Institution ‘Centre for Healthcare of the State Criminal-Executive Service of Ukraine’ in the Volyn and Rivne Regions
Head of Medical Unit No. 96 of the branch of the state institution ‘Centre for Healthcare of the State Criminal-Executive Service of Ukraine’ in the Volyn and Rivne regions (hereinafter — medical unit) — Yurii Sviatoslavovych Kozhan.
During the visit, the monitoring group studied the medical documentation, inspected the premises of the medical unit for their compliance with the requirements of Ukrainian legislation and international standards, and identified shortcomings in the work of the medical unit.
1. The monitoring group established that two convicts reside in the medical unit around the clock; they independently arranged their sleeping places and perform the function of orderlies. Thus, the institution’s management and medical staff have delegated to the convicts the right to exercise continuous supervision over the convicts in the inpatient facility and control over their compliance with the internal daily routine.
At the same time, the Committee has repeatedly recommended ending the practice of using convicts as assistants in medical units and as orderlies (Committee report on the results of the 2005 visit to Ukraine (paragraph 132, CPT/Inf (2007) 22), in 2013 (paragraph 151, CPT/Inf (2014) 15), in 2017 (paragraph 86, CPT/Inf (2018) 41)).
2. In violation of Clause 8 of Part 5, Chapter 2 of the ‘Procedure for Organizing 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 — Procedure), the inpatient facility lacks an isolation ward for persons with mental disorders for convicts who pose a danger to others.
3. In violation of the requirements of the ‘Instructions on Filling Out the Primary Accounting Documentation Form No. 003-7/o “Informed Consent of a Person to Undergo a Psychiatric Examination”’, approved by the order of the Ministry of Health of Ukraine dated 15.09.2016 No. 970, the absence of an informed consent form for psychiatric examination signed by the patient was established in the medical documentation (medical record No. 025/o or No. 003/o).
The above may indicate the absence of the patient’s voluntary consent for the application of diagnostic, preventive, and treatment methods towards them, which is a violation of Article 43 of the Law of Ukraine ‘Fundamentals of the Legislation of Ukraine on Healthcare’ and Clause 47 of the Committee’s recommendations (CPT/Inf (93) 12-part).
4. In the medical unit, the provision of opioid substitution therapy (OST) for persons with mental and behavioural disorders due to opioid use has not been organised in accordance with the ‘Procedure for Conducting Opioid Substitution Therapy for Persons with Mental and Behavioural Disorders due to Opioid Use’, approved by the order of the Ministry of Health of Ukraine dated 27.03.2012 No. 200.
Drug-dependent persons are not provided with socio-psychological support, cognitive behavioural therapy (CBT), relapse prevention, motivational interviewing, self-help groups, etc.
Thus, these individuals are deprived of the opportunity to receive OST, which violates their right to choose methods of treatment in accordance with Article 38 of the Law of Ukraine ‘Fundamentals of the Legislation of Ukraine on Healthcare’.
At the same time, in its report on the results of the 2023 visit to Ukraine, the Committee notes that entry into a penitentiary institution is an opportunity to solve the problem associated with drugs, and therefore it is important that appropriate assistance be offered to all interested persons; consequently, appropriate medical services must be accessible in all institutions.
The assistance offered to such persons must be diverse; substitution therapy programmes for persons with drug dependence must be combined with genuine psychosocial and educational programmes for persons with opioid dependence who are unable to stop using drugs.
Furthermore, access to OST programmes in institutions should be easily accessible, and they should be managed also by penitentiary doctors, who must undergo special training on issues related to drug use (CPT/Inf (2024) 20, paragraph 86).
5. During the inspection of the DIZO/PKT, monitors established that when a convict is placed in a disciplinary isolation ward, it is practiced to attach to the file a medical certificate containing the health status, and according to which the convict is capable of following the daily routine and is able-bodied.
The facts discovered attest to the fact that the institution’s staff possess confidential information regarding the health status of the convicts who are in the DIZO/PKT. The above violates the requirements of Article 39-1 of the Law of Ukraine ‘Fundamentals of the Legislation of Ukraine on Healthcare’ regarding the right of persons to privacy of health status.
At the same time, the Committee has repeatedly emphasised that the obligation of penitentiary doctors to certify the fitness of convicts for serving disciplinary penalties is unlikely to contribute to the development of positive relations between doctor and patient. In principle, medical personnel should never participate in any part of the decision-making process 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 personnel must be very attentive to the state of convicts who are in solitary confinement. Medical personnel must be informed immediately about every such placement and must visit the convict immediately after placement, and then regularly, at least once a day, and provide him with prompt medical assistance and treatment if necessary. Medical personnel must inform the institution’s administration if the convict’s health is subjected to a serious threat due to solitary confinement (CPT/Inf (2024) 20, paragraph 104).
6. In violation of the requirements of Clause 3 of the ‘Instructions on Filling Out the Primary Accounting Documentation Form No. 511/o “Certificate of Bodily Injury Recording”’, approved by the order of the Ministry of Health of Ukraine dated 02 February 2024 No. 186, copies of the form No. 511/o certificate are not attached to the primary accounting documentation form No. 025/o ‘Outpatient Medical Record’ but are stored separately.
At the same time, the lack of proper recording of bodily injuries does not comply with Clause 60 of the recommendations of the Committee’s Third General Report, where it is stated 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, and also, if necessary, through informing the relevant authorities (CPT/Inf(93)12-part).
7. During the study of medical documentation, it was established that in the outpatient medical records 025/o, photographs of existing bodily injuries are not added to the drawn-up certificates, as is provided for in Clause 3 of Section I, Chapter II of the Procedure. At the same time, in its report on the results of the 2023 visit to Ukraine, the Committee notes that any traumatic injuries discovered during a medical examination should be photographed in detail, and photographs together with body diagrams should be kept in the individual medical record of the person (CPT/Inf (2024) 20, paragraph 82).
8. The medical unit is not provided with working fluorographic/X-ray equipment, as a result of which convicts and detainees do not undergo diagnostic examinations of the chest organs for the purpose of timely detection of respiratory organ diseases, which indicates the impossibility of conducting early diagnosis of tuberculosis in the medical facility.
9. In violation of the requirements of the ‘Table of Equipment 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, the medical unit lacks a dental X-ray machine, which makes it impossible to conduct an in-depth dental examination of convicts and does not ensure the timely provision of proper dental care. Furthermore, the monitoring group established that among the types of dental care, only tooth extraction (extraction) is practiced, which limits the patients’ right to receive proper dental care.
10. 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 (10 persons as of 19.12.2024) 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 said infectious disease among convicts and detainees.
11. 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 Reduced Mobility’, conditions for the accommodation of persons with disabilities have not been created in the medical unit.
12. Dispensary supervision is carried out for 25 persons who have disabilities. Of them: Group I — 0 people; Group II — 7 people; Group III — 18 people. At the same time, in violation of the requirements of the Law of Ukraine ‘On the Rehabilitation of Persons with Disabilities in Ukraine’, persons with disabilities do not receive proper diagnostic, treatment, and rehabilitation measures in the presence of information confirming persistent impairment of bodily functions caused by illnesses or consequences of injuries that cause limitations in normal life activity.
During the study of the convicts’ medical documentation, it was established that 8 persons who have disabilities do not have an individual rehabilitation programme (hereinafter — IRP). Furthermore, the recommendations of the IRP are not fulfilled, due to which they do not receive proper diagnostic, treatment, and rehabilitation measures in the presence of information confirming persistent impairment of bodily functions caused by illnesses and consequences of injuries that cause limitations in normal life activity.
13. In violation of Clause 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 ‘On Approval of Licensing Conditions for Conducting Economic Activity in Medical Practice’, the medical unit lacks a document confirming free access to the buildings and premises of the medical facility for persons with reduced mobility, the receipt of which is mandatory.
14. In violation of the ‘Procedure for Organizing 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 are deprived of the opportunity to make requests for telemedicine consultation and receive consultation for providing medical care to detainees and convicts due to technical reasons.
15. During communication with convicts and inspection of medical offices, wards, and other premises, the monitoring group established that medical staff continue the practice of conducting medical examinations and medical procedures on convicts 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 relations between medical staff and the patient, and, possibly, interfere with the establishment of an objective medical opinion (Committee report on the results of the 2009 visit to Ukraine (129, CPT/Inf (2011) 29), 2012 (50, CPT/Inf (2013) 23)).
16. In violation of the requirements of Rule 19.3 of the European Prison Rules, the toilet in the isolation ward for infectious patients is not equipped with a door, due to which the right of convicts to privacy is not respected.
17. In violation of the requirements of the ‘Norms for the Provision of Bedding, Special Clothing, and Special Footwear (Inventory Property) for Convicts Undergoing Treatment in Healthcare Facilities, Facilities with Healthcare Rights, and Medical Units in Penal Institutions and Pre-Trial Detention Centres’, approved by the order of the Ministry of Justice of Ukraine dated 20.02.2012 No. 280/5, convicted persons do not receive hospital property (hospital suit, robe, and slippers). Convicts stay in the inpatient facility in their everyday clothes, sometimes with their own bedding.
Recommendations:
1. Ensure compliance of the KDiR section with the Provision Norms regarding appropriate premises;
2. Ensure the proper work of the working group regarding the organisation of work with newly arrived individuals;
3. Ensure radio communication in the cell premises of the DIZO/PKT;
4. Equip the DIZO/PKT cells with staff call buttons;
5. Provide the DIZO/PKT unit with appropriate premises according to the Provision Norms;
6. Stop the practice of solitary confinement in DIZO/PKT cells;
7. Equip DIZO/PKT cells with toilets having sufficient partitions or doors;
8. Provide exercise yards with proper shelter from atmospheric precipitation;
9. Stop the practice of placing name cards containing personal data on cell doors;
10. Stop the practice of staff openly carrying special means;
11. Ensure proper lighting in residential premises;
12. Stop the practice of using convict labour without concluding employment contracts;
13. Eliminate violations in the organisation of laundry and bath services;
14. Take measures aimed at eliminating the identified human rights violations and preventing torture, other cruel, inhuman, or degrading treatment and punishment in Medical Unit No. 96 of the branch of the state institution ‘Centre for Healthcare of the State Criminal-Executive Service of Ukraine’ in the Volyn and Rivne regions;
15. Ensure control over the proper keeping of medical documentation in accordance with the ‘Procedure for Organizing 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, and other regulatory legal acts;
16. Fulfil the requirements of Clause 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 ‘On Approval of Licensing Conditions for Conducting Economic Activity in Medical Practice’;
17. Ensure obtaining informed consent from patients for examination and treatment in the prescribed form;
18. Ensure the equipping of the isolation ward for persons with mental and behavioural disorders in accordance with requirements;
19. Provide the medical unit with an X-ray machine for the timely conduct of X-ray examinations;
20. Ensure the conduct of a proper medical examination of persons working with food products and the issuance of personal medical books;
21. Ensure the conduct of individual rehabilitation for persons who need it;
22. 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 Reduced Mobility’;
23. Ensure timely and proper recording of bodily injuries in convicts and detainees;
24. Ensure proper medical care for persons suffering from viral hepatitis C;
25. Provide the medical unit with necessary diagnostic equipment, including a dental X-ray machine;
26. Stop the practice of doctors certifying the health status of convicts and detainees upon their placement in the DIZO/PKT section;
27. Stop the practice of using convicts as assistants in medical units and the institution;
28. Provide the medical unit with hospital property (hospital suit, robe, and slippers);
29. Ensure the proper work of the telemedicine complex for doctors to make requests for telemedicine consultation;
30. Ensure the possibility of receiving substitution maintenance therapy based on a diagnosis of mental and behavioural disorders due to opioid use.