Report on the results of the monitoring visit to the Chernivtsi Remand Prison

On 11 March 2025, in accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, taking into account the provisions of the Standard Minimum Rules for the Treatment of Prisoners and the decisions of the European Court of Human Rights, and on the basis of Article 24 of the Criminal Enforcement Code of Ukraine — Visiting penitentiary institutions, a group of monitors from the Kharkiv Human Rights Protection Group and the NGO “Protection of Prisoners of Ukraine” conducted a visit to the state institution “Chernivtsi Remand Prison” (hereinafter — the SIZO, the institution, the facility). A planned visit was conducted without prior notice.

During the preparation for the visit, the monitors used materials from the appeals of prisoners/convicts and their relatives, as well as materials from the report of the monitors of the National Preventive Mechanism under the Ukrainian Parliament Commissioner for Human Rights (NPM).

The visit was conducted as part 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 carried out by the following monitors:

• Andrii Didenko — Assistant to the People's Deputy of Ukraine Yaroslav Yurchyshyn, program coordinator of the Kharkiv Human Rights Protection Group, has experience with 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 non-governmental organization “Protection of Prisoners of Ukraine,” has many years of experience with monitoring visits;
• Oleh Tsvilyi — member of the public council under the Ministry of Justice of Ukraine, head of the non-governmental organization “Protection of Prisoners of Ukraine,” has extensive experience with monitoring visits, specializes in issues of torture and cruel, inhuman treatment.

In the course of the monitoring visit to the state institution “Chernivtsi Remand Prison,” numerous human rights violations were established, covering various areas of the institution’s functioning and contradicting both national legislation and international standards. The facts identified indicate inadequate conditions of detention, including overcrowding in cells, lack of proper lighting, ventilation, sanitary and hygienic provision, as well as systematic violations of the right to healthcare, including the unavailability of medical assistance, substitution therapy, confidentiality of medical information, and necessary rehabilitation for persons with disabilities.

Of particular concern is the formalized engagement of convicts in labor without the conclusion of employment contracts, the lack of remuneration for work, and the absence of social and medical protection for those working.

Violations of the principles of separation, access to activities outside of cells, and the treatment of persons subject to extradition, as well as the lack of actual access to a shelter during air raid alerts, create real threats to the life, safety, and dignity of prisoners.

The recorded violations contradict the norms of the Constitution of Ukraine, the Criminal Enforcement Code, the Law of Ukraine “On Pre-trial Detention,” international treaties, in particular, Articles 3 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the European Prison Rules, and the recommendations of the European Committee for the Prevention of Torture.

General Information

The institution functions as a remand prison. The facility holds individuals accused of committing criminal offenses against whom a preventive measure of detention has been chosen by a court decision.

The institution is located at the address: 58000 Chernivtsi, Soborna Square, 6.

The head of the institution is Colonel of the Internal Service Oleksandr Dmytrovych Sushynskyi.

The SIZO consists of a duty unit, an admission ward, a food service unit, cells for male, female, and juvenile detainees, a maximum-security sector for those sentenced to life imprisonment, transit cells, a facility maintenance unit, punishment cells, a medical unit, a bath and laundry complex, visitation rooms, a shop, a library, a room for receiving parcels, and administrative offices.

According to the institution’s administration, the established staffing level of the facility consists of 146 positions. The actual number is 104 positions. The total staff shortage for the institution is 42 employees. The planned capacity of the institution is 522 persons. The actual number of prisoners/convicts is 243 persons.

The facility has 72 cell premises, 68 of which are in use, 1 is under repair, and 3 are not in use.

There is 1 psychologist working in the institution. In 2024, 2 people died, and in 2025, 1. 19 convicts are employed in facility maintenance: 9 according to employment contracts, and 10 according to civil law contracts (CLC).

There are 11 people registered with HIV/AIDS, all of whom are receiving therapy. There were 15 people on the operational-preventive register in the institution classified as prone to suicide; in 2024, there was 1 case of suicide.

During 2024-2025, no person submitted complaints regarding inadequate conditions of detention or improper provision of medical care. 1 person has a disability, and 6 people are generally excluded.

Convicts have 20 tablets for their own use.

During 2024, 111 cases of bodily injuries were recorded: 100 upon arrival and 11 cases during the stay in the institution. During the current year, 17 cases have been recorded: 15 upon arrival and 2 cases during the stay in the institution.

The monitoring group conducted interviews with about 110 persons among the prisoners and convicts during the visit to the cells and general conversation, providing consultations, answering questions, and surveying regarding human rights violations. Individual interviews were also conducted with individuals, including on the condition of anonymity. It is worth noting that the SIZO administration reacts adequately to complaints from prisoners regarding the actions/inaction of the administration. Furthermore, the administration does not conceal cases of human rights violations, which can be considered a sign of openness and transparency, as well as proper and adequate responsiveness.

Positive Practices

During 2024, cosmetic and routine repairs were carried out in the SIZO cell premises, 4 of which are cells for holding extradited persons.

Repair work was also carried out on engineering and utility facilities, namely: in 2 punishment cells, the chaplain’s room, the hallway, the shower and kitchen of the facility maintenance unit, the bakery, the pickling-salting station and vegetable store, the video surveillance operator's room, and the food service unit. 140 m² of the roof over the production workshops and 185 m² of the food service unit roof were recovered. Routine repairs were conducted in the medical unit premises, in the exercise yards, in the long-term visitation rooms, in the disinfection chamber reception area and the dirty laundry collection room of the laundry, in the battery room, the boiler room, and the bathhouse.

Since the beginning of 2025, routine repairs of cell No. 68 for holding extradited persons have been completed.

Facts identified during the visit

During the monitoring visit, violations 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 convicted persons:

1. In paragraph 59 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 any cell smaller than 6 m² should no longer be used for holding prisoners (CPT/Inf (2011) 28). In the Report to the Ukrainian Government on the results of the 2012 visit to Ukraine, the Committee notes that all single cells should have a living area of at least 6 m² (excluding the built-in toilet); the distance between the cell walls should be at least 2 m (paragraph 45, CPT/Inf (2013) 23).

At the same time, the monitoring group established the use of cell No. 23 of the Maximum Security Sector for holding men sentenced to life imprisonment, which, according to the measurement certificate of the premises' area, does not meet the specified requirements.

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 separation of prisoners. Thus, in cell premises No. 62, 14, 29, 31, and 39, individuals who had previously served sentences in places of deprivation of liberty were held together with a person/persons who were being prosecuted for the first time.

This indicates systematic non-compliance by the institution's administration with the requirements regarding the provision of proper control over the placement of prisoners, does not correspond to the principles of dynamic security, and leads to a violation of the prisoners' right 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 admission ward premises, it was established that their equipment does not fully meet 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 penitentiary institutions and remand prisons of the State Criminal Enforcement 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 admission ward lacks the following premises: rooms for processing documents, a doctor's office, a room for storing the exchange fund of bedding and clothing, a storeroom for the temporary storage of dirty bedding and clothing, a barbershop, a changing room, a shower, a quarantine cell, a cell for the sick (isolation cell), rooms for food distribution, food storage, and dishwashing.

At the same time, there is only one room for holding persons arriving at and departing from the institution, which does not allow for keeping prisoners and convicts in compliance with isolation requirements, which is a violation of paragraph 10, Chapter 2, Section II of the Internal Regulations of Remand Prisons of the State Criminal Enforcement Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 14.06.2019, No. 1769/5 (hereinafter — SIZO Internal Regulations) and Article 8 of the Law of Ukraine “On Pre-trial Detention”.

Due to the small size of the window and excessive bars, there is an insufficient level of natural lighting in the room. Due to the lack of a water supply and sewage system, the room is not equipped with a sanitary unit or a sink, which makes it impossible to maintain proper sanitary and hygienic conditions.

This indicates a violation of the rights of prisoners 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).

It should be noted that due to the lack of an equipped doctor's office in the admission ward, the medical examination of new arrivals is conducted in the search room, where a video surveillance camera is installed, i.e., in conditions that do not ensure privacy and confidentiality, which in turn indicates that facility staff and other persons among the prisoners and convicts obtain confidential information about the health status of these persons during the medical examination.

This violates the requirements of paragraph 7, Chapter 2, Section X of the SIZO Internal Regulations, Article 39-1 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Healthcare” regarding the right of persons to confidentiality of their health status, and paragraph 9, Section I of the “Procedure for organizing the provision of medical care to persons 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).

In turn, the absence of a quarantine cell and a cell for the sick (isolation cell) in the SIZO admission ward creates conditions for the spread of infectious diseases among new arrivals, increases the risk of epidemiological outbreaks, and complicates the timely detection and isolation of the sick, which may pose a threat to both the held persons and the institution's staff.

4. The monitoring group investigated the issue of respecting the rights of persons for whom the competent authority of a foreign state has made a decision on their extradition to Ukraine. Two renovated cell premises were inspected with a living space standard of 4 m² per person, in which repair work had been carried out and which were equipped with the necessary equipment and furniture.

At the same time, the monitoring group recorded an insufficient level of natural lighting. According to Appendix Zh “Normative indicators for lighting premises of residential buildings” of the DBN V.2.5-28:2018 “Natural and artificial lighting,” approved by the order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine dated 03.10.2018, No. 264, the illumination of work surfaces in sleeping and residential premises must be 150 LUX. However, in cell No. 72, only 21.7 LUX was recorded, which is significantly below the established standards. There is no supply-and-exhaust ventilation.

During the conversation with the extradited female person, the monitoring group recorded no complaints of inadequate, cruel, or degrading treatment. The prisoner expressed complaints about the lack of vegetables in her diet. Regarding physical activity and rest outside the cells, including the exercise of the right to a daily walk in the fresh air lasting at least one hour, the prisoner noted that she does not go for walks due to the unsatisfactory condition of the exercise yards.

At the same time, the institution's staff did not offer her any alternative types of out-of-cell activities. In this context, the Committee, in its report to the Government of Ukraine on the results of the 2023 visit, notes with concern that the situation with out-of-cell activities offered to persons in custody has not improved since its periodic visit in 2017.

As during previous visits, with the exception of a small number of working individuals, adult persons taken into custody (including women) who were in the visited institutions were effectively restricted to their cells for up to 23 hours a day and had almost no opportunity to engage in anything outside the cell, other than daily walks in the fresh air and (in some institutions) episodic access to a gym.

Furthermore, access to fresh air walks was provided only for one hour a day (usually a little longer for women), in small yards with a depressing design (high walls, from which only the sky is visible). Inside the cells, the main means of leisure were watching TV, reading books, and board games.

Of even greater concern is the fact that many persons were held in such conditions for months or even years. In this regard, the Committee calls on the Ukrainian authorities to take decisive measures to develop activity programs for persons in custody, taking into account the above-mentioned remarks.

In the visited institutions (and, if necessary, in other penitentiary institutions of Ukraine), measures should also be taken to ensure that fresh air exercise yards are large enough to allow persons in custody to engage in physical exercise and, as far as possible, provide a horizontal view outside.

During the conversation, the prisoner reported that neither upon arrival at the institution nor subsequently did the administration and staff provide her with any information regarding the availability of a shelter for protection against possible shelling and the procedure for actions in case of an “Air Raid” signal.

Moreover, according to her, during an air raid alert, the institution's staff did not offer her to go down to the shelter. This indicates that prisoners remain unprotected in cell premises during an air raid alert, which creates a real risk to their lives and health in the conditions of the armed aggression of the Russian Federation against Ukraine.

The monitoring group investigated the issue of the shelter available in the institution, which is located in the basement.

However, contrary to the requirements of the Civil Protection Code of Ukraine, the Procedure for creating, maintaining the fund of civil protection structures, excluding such structures from the fund, and keeping its records, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 10.03.2017, No. 138, and the Requirements for the maintenance and operation of civil protection structures, approved by the order of the Ministry of Internal Affairs of Ukraine dated 09.07.2018, No. 579, the shelter is not fully provided with conditions for staying.

In particular, due to the lack of a water supply and sewage system, the shelter room is not equipped with a sanitary unit and a sink, which makes it impossible to maintain proper sanitary and hygienic conditions, and there is no ventilation system, etc. Thus, these circumstances may significantly affect the decision-making process of the competent authorities of foreign states regarding the issue of extradition of persons suspected or accused of committing a crime to Ukraine.

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

In violation of Rule 18.1 of the European Prison Rules, beds in some cell premises are located close to each other, which does not provide prisoners with personal space.

Most cell premises are not equipped with tanks for drinking water, as a result of which prisoners use homemade filters to purify water.

In addition, in violation of the requirements of Article 11 of the Law on Pre-trial Detention and paragraph 2, Chapter 3, Section IX of the SIZO Internal Regulations, prisoners are not provided with proper material and living conditions that meet sanitation and hygiene rules. Thus, in cell premises, prisoners wash and dry clothes, which indicates an improper organization of the provision of bath and laundry services in the institution. There is clutter with personal belongings. There is insufficient natural lighting due to excessive barring of windows in the cells, as, for example, in cell No. 65: 85.8 LUX of artificial and 47.6 LUX of natural lighting.

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

At the same time, in the report to the Government of Ukraine on the results of 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 cell occupancy so that each person in custody has at least 4 m² of living space (not counting the area occupied by in-cell toilets); to keep all areas where convicts and persons in custody are placed, including sanitary facilities, in a proper state of repair and hygiene, and to carry out disinsection regularly and frequently; to ensure sufficient access to natural lighting 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).

6. The premises of the unit for convicts left for facility maintenance work do not fully meet the requirements of the Provision Norms. In particular, the following rooms are missing: a room for performing religious rites; rooms for storing food products; a room for storing the exchange fund of bedding, clothing, and special workwear; a storeroom for the temporary storage of dirty bedding, clothing, and special workwear; a cloakroom; a utility room; a drying room; rooms for physical exercise.

The absence of these premises leads to the impossibility of ensuring proper conditions of detention for convicts, as provided for by regulatory legal acts, in particular regarding compliance with their sanitary and hygienic, household, religious, and physical needs.

On the sleeping beds, there are name cards with information providing a brief description of the crimes committed by the persons sleeping in that bed.

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

Paragraph 4, Chapter 2, Section III of the SIZO Internal Regulations determines that to prevent escapes and the commission of criminal offenses, violations of the order of detention and serving of sentences established by legislation, as well as to ensure the safety of prisoners, convicts, SIZO staff, and other persons on the territory of the SIZO, audiovisual, electronic, and other technical means are used. Thus, during the inspection of cell premises, in some cell premises, installed video surveillance cameras were recorded.

At the same time, in its 2012 report, the Committee criticized excessive interference with privacy through the installation of video cameras in the living quarters of convicts: “The CPT agrees that video surveillance in cells can be a useful safeguard in certain cases, for example, when a person is considered to be a cause for 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 jeopardize safety.”

However, any decision to use video surveillance on a specific convict should always be based on an individual assessment of real risks and should be frequently reviewed 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 used over a long period. (CPT/Inf (2013) 23, paragraph 52).

7. During the monitoring visit to the institution, a number of violations of the rights of convicts engaged in facility maintenance were identified, which directly contradict the requirements of national and international legislation.

According to the submitted orders and payroll records, convicts, in particular S., Ts., K., M., A., and others, were enrolled for work at the institution in positions of “kitchen worker,” “boiler operator,” “storage room manager,” and “assistant worker.” At the same time, the administration of the institution did not provide employment contracts signed by the parties that would meet the requirements of Art. 24 of the Labor Code of Ukraine (hereinafter — Labor Code). No order on hiring in accordance with Art. 24 of the Labor Code and Art. 119 of the Criminal Enforcement Code of Ukraine (hereinafter — CEC) was provided. Remuneration for work is carried out formally. Although the accrued salary is indicated in the payroll records, in the “amount to be issued” column, 0.00 UAH is indicated, which indicates a full deduction of earnings without a clear explanation of the grounds (which contradicts Art. 127 of the Labor Code).

There is also no confirmation of compliance with working time norms, occupational safety, and briefings (Art. 43, 153, 190 of the Labor Code of Ukraine). Part 1 of Article 118 of the CEC of Ukraine requires that the engagement of convicts left for facility maintenance be carried out with their consent, however, the corresponding written applications are absent in the materials. There are no documents on the conduct of a medical examination before being engaged in work at facilities with a high level of risk (boiler room, kitchen), which is a mandatory requirement of Art. 118 of the CEC of Ukraine and the Law of Ukraine “On Occupational Safety.”

According to the UN Rules for the Treatment of Prisoners (“UN Standard Minimum Rules,” “Nelson Mandela Rules”), Rule 97 requires that the labor of prisoners not be of a forced nature and be carried out under conditions similar to those generally accepted in society. Rule 103 establishes that remuneration for work should allow prisoners to provide for their personal needs, and the remainder should be available after release. In this case, the full deduction of earnings without transparent justification of the grounds violates the right to fair remuneration (Art. 23 of the Universal Declaration of Human Rights, Art. 7 of the International Covenant on Economic, Social and Cultural Rights).

Thus, the practice of engaging convicts in facility maintenance in the SIZO indicates formalized use of labor without real documentation of labor relations, which is a systematic violation of the legislation of Ukraine and international standards.

The full deduction of accrued wages, the lack of access to actual remuneration for work, as well as non-compliance with occupational safety requirements create risks of exploitation and degrade the human dignity of the convicts.

8. In violation of the requirements of paragraph 14, Section V of the Regulation on the organization of food supply in the State Criminal Enforcement Service of Ukraine during peacetime, approved by the order of the Ministry of Justice of Ukraine dated 15.06.2021, No. 2160/5 (hereinafter — Regulation on the organization of food supply), food for prisoners and convicts from the institution's canteen is delivered in buckets, not in labeled thermoses.

9. The monitoring group established a number of violations in the organization of bath and laundry services for convicts and persons in custody. In accordance with paragraph 3.19.1, Section III of the Regulation on the organization of bath and laundry services for persons held in penitentiary institutions and remand prisons, approved by the order of the Ministry of Justice of Ukraine No. 849/5 dated 08.06.2021 (hereinafter — Regulation), sanitary treatment involves washing convicts (persons taken into custody) in a bathhouse using soap and a washcloth, mandatory replacement of bedding and underwear, as well as disinfection (destruction of pathogenic microorganisms) and disinsection (destruction of insects and mites that are carriers of infectious diseases) of personal clothing and bedding (pillows, mattresses, blankets) in a disinfection chamber.

However, as established by the monitoring group, the disinfection chamber in the institution has not been working for about a year, which makes proper sanitary treatment of bedding and clothing impossible, increases the risk of the spread of infectious diseases among convicts and staff, and contradicts established sanitary and hygienic norms. In violation of paragraph 2.14, Section II of the Regulation, the institution does not provide hairdressing services to convicts and prisoners.

10. Exercise yards require repair work. Among the main shortcomings, one can highlight: damage to the floor covering (cracks, potholes, irregularities), which creates a risk of injury, as well as insufficient equipment with sports equipment or other means for physical activity. In this context, the Committee has repeatedly recommended reviewing the design and size of exercise yards “from which, at best, a view of the sky opens.” (paragraph 122, paragraph 127 (CPT/Inf (2014) 15).

11. During the visit, the monitoring group recorded that the institution's staff who directly interact with the convicts openly wear special equipment, in particular, rubber batons.

At the same time, according to the eighth paragraph of paragraph 8, Chapter 1, Section V of the SIZO Internal Regulations, the wearing of special equipment by SIZO staff within the secured territory of the SIZO should be as hidden from the environment as possible. At the same time, the Committee recommends that penitentiary staff working in direct contact with prisoners should not wear special equipment (such as rubber batons, handcuffs, and canisters equipped with tear gas) openly in front of prisoners. Such wearing prevents 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).

12. According to official documentation, as of 11.03.2025, the total shortage in the institution was 42 positions from the established staff level. At the same time, in the report to the Government of Ukraine on the results of the 2023 visit, the Committee emphasizes that ensuring a positive climate in a penitentiary institution requires a professional team of staff who must be present in sufficient numbers at any given time in places of detention.

An insufficient number of staff can only increase the risk of violence and intimidation between convicts. A shortage of front-line staff also undermines the quality and level of activities offered to convicts and jeopardizes 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. Measures must also be taken to put an end to the 24-hour shift of staff on duty. (CPT/Inf (2024) 20, paragraph 93).

Chernivtsi City Medical Unit No. 33 of the branch of the State Institution “Center for Healthcare of the State Criminal Enforcement Service of Ukraine” in Chernivtsi, Ivano-Frankivsk, Zakarpattia Regions

The head of the Chernivtsi City Medical Unit No. 33 of the branch of the state institution “Center for Healthcare of the State Criminal Enforcement Service of Ukraine” in Chernivtsi, Ivano-Frankivsk, Zakarpattia, and Ternopil regions (hereinafter — the medical unit) is Hennadii Valeriiovych Tymchuk.

According to information provided by the medical unit staff, the following positions are understaffed: narcologist — 0.5 rate; laboratory assistant — 0.5 rate.

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 the Chernivtsi City Medical Unit No. 33, which lead to a violation of the rights of convicts and persons held in custody in the SI “Chernivtsi Remand Prison,” in particular:

13. In violation of paragraph 4, Chapter 1, Section X of the Internal Regulations of Remand Prisons of the State Criminal Enforcement Service of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated 14.06.2019, No. 1769/5, and the Regulation on the Chernivtsi City Medical Unit No. 33 of the branch of the state institution “Center for Healthcare of the State Criminal Enforcement Service of Ukraine” in Chernivtsi, Ivano-Frankivsk, Zakarpattia, and Ternopil regions, the provision of inpatient medical care is not organized in the medical unit.

This violates paragraph 38 of the Committee's recommendations, 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 is offered to patients in civilian medical facilities. Provision must be made for the availability of medical, auxiliary medical, and technical personnel, as well as the provision of appropriate premises, equipment, and facilities. (CPT/Inf(93)12-part).

14. During the visit to the institution's medical unit, the monitoring group discovered the presence of a metal cage in the lobby, which is used for the isolation of convicts and persons in custody.

In its report on the results of the 2020 visit to Ukraine, the Committee expressed concern about the installed cages or metal partitions in medical offices, where prisoners were usually placed during medical consultations or interventions (for example, receiving injections). As the Committee has repeatedly emphasized in the past, it acknowledges that special security measures may be necessary in specific cases; however, the systematic practice of placing prisoners in cages during medical procedures/consultations violates the dignity of prisoners, hinders the development of proper relationships between the patient and the doctor, and may prevent the establishment of proper medical findings. The Committee calls on the authorities of Ukraine to immediately dismantle cages and barred areas from medical units and put an end to this practice in all penitentiary institutions. (CPT/Inf (2020) 40, paragraph 60).

15. In violation of the requirements of the Instruction on completing the primary registration 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 informed consent of the person signed by the patient to undergo a psychiatric examination was established in the medical documentation (medical card No. 025/o or No. 003/o).

16. During the study of medical documentation, it was established that photographs of existing bodily injuries are not added to the outpatient medical cards 025/o to the primary registration documentation 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, as provided for by paragraph 2.11, Section II of the Procedure for interaction of healthcare institutions of the SCES of Ukraine with healthcare institutions regarding the provision of medical care to persons taken into 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 — Procedure).

At the same time, the Committee in its report on the results of the 2023 visit to Ukraine notes that any traumatic injuries detected during a medical examination should be photographed in detail, and photographs along with body charts should be stored in the individual medical card of the person. (CPT/Inf (2024) 20, paragraph 82).

17. The medical unit is not organized to provide opioid substitution maintenance therapy (hereinafter — OST) for persons with mental and behavioral disorders due to opioid use in accordance with the Procedure for conducting opioid substitution maintenance therapy for persons with mental and behavioral disorders due to opioid use, approved by the order of the Ministry of Health of Ukraine dated 27.03.2012, No. 200.

Drug-addicted persons are not provided with social-psychological support, cognitive-behavioral therapy (CBT), relapse prevention, motivational interviewing, self-help groups, etc.

Thus, these persons are deprived of the opportunity to receive OST, which violates their right to choose methods of treatment in accordance with Article 38 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Healthcare.”

At the same time, the Committee in its report on the results of the 2023 visit to Ukraine notes that entering a penitentiary institution is an opportunity to solve a problem related to drugs, and therefore it is important that appropriate help be offered to all interested persons, and therefore, appropriate medical service should be available in all institutions.

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

18. The monitoring group established that when a prisoner is placed in a punishment cell, it is practiced to attach a medical certificate to the case, which contains the health status and according to the conclusion of which the prisoner can be held in a punishment cell for health reasons. The identified facts confirm that the institution's staff possess confidential information regarding the health status of prisoners who are in a punishment cell.

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

On the other hand, medical personnel should be very attentive to the state of convicts who are in solitary confinement. Medical personnel should be informed immediately about each such placement and should visit the convict without delay after placement, and then regularly, at least once a day, and provide him with prompt medical care and treatment if necessary. Medical personnel should notify the institution's administration if the convict's health is under serious threat due to solitary confinement. (CPT/Inf (2024) 20, paragraph 104).

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

19. According to paragraph 10, Chapter 2, Section IX of the SIZO Internal Regulations, those left in the SIZO for facility 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, productions, and organizations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations and issuing personal medical books,” for each convict of the specified category, a primary registration 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 personal medical books for two food service unit workers and the results of the examination in the medical documentation, which are conducted by medical specialists (including laboratory, clinical, and other tests), which are necessary for admission to work at food service facilities.

20. In violation of the requirements of paragraph 1, Section II of the Standard of Infection Control 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, Chapter 2, Section X of the SIZO Internal Regulations, the requirements for the isolation of tuberculosis patients are not met in the medical unit, in particular, ordinary cells designed for more than one or two persons (for 6 and 8 persons) are used for isolation; the doors to the isolation ward are not equipped with a sealed threshold, seals at the edges; air recirculation using mechanical ventilation is not provided.

21. 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 (2 persons as of 11.03.2025) with suspected viral hepatitis C undergo 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.

22. In violation of the Procedure for organizing medical care at the primary, secondary (specialized), tertiary (highly specialized) 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 prisoners and convicts for technical reasons.

23. In violation of the requirements of the Equipment Supply Schedule 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 machine in the medical unit, which makes it impossible to conduct an in-depth dental examination of convicts and does not ensure the timely provision of proper dental care.

24. Dispensary supervision is carried out for 3 persons who have a disability. Of them, group I — 0 persons; group II — 2 persons; group III — 1 person. At the same time, in violation of the requirements of the Law of Ukraine “On Rehabilitation of Persons with Disabilities in Ukraine,” persons with disabilities do not receive proper diagnostic, treatment, and rehabilitation measures in the presence of information confirming a persistent violation of body functions caused by diseases, consequences of injuries, causing restrictions on normal life activity.

Thus, during the study of the medical documentation of convicts, it was established that 1 person who has a disability lacks an individual rehabilitation program (hereinafter — IRP). Moreover, the recommendations of the IRP are not fulfilled, due to which she does not receive proper diagnostic, treatment, and rehabilitation measures in the presence of information confirming a persistent violation of body functions caused by diseases and the consequences of injuries, which cause restrictions on normal life activity.

25. 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 holding people with disabilities have not been created in the medical unit.

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

27. In violation of paragraph 4, Chapter 1, Section X of the SIZO Internal Regulations, there is no properly equipped isolation ward for persons with mental disorders for prisoners who pose a danger to others in the institution.

28. In violation of the requirements of the order of the Ministry of Health of Ukraine dated 16.12.2003, No. 584 “On approval of the Rules for storage and quality control of medicinal products in medical and prophylactic institutions,” medicinal products are stored without observing the temperature regimes established by the manufacturers. In particular, in the treatment room in a cabinet and on a table, one package of the medicinal product “Vitaxon” was found, for which the established maximum storage temperature should not exceed 8°C. Non-compliance with the appropriate conditions may lead to a loss of the effectiveness of the medicinal products, which poses a risk to the life and health of patients.

29. 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 medical unit premises are not equipped with fire extinguishing and fire alarm systems.

Recommendations:

To the Ministry of Justice of Ukraine

1. Improve the regulatory framework regarding: employment of convicts in the SIZO (employment contracts, medical examinations, payment); mandatory requirements for the infrastructure of the admission ward, facility maintenance, and isolation wards for the sick.
2. Improve the SIZO Internal Regulations regarding: protection of privacy during medical examinations; staff conduct with special equipment; informing prisoners about the procedure for actions in case of an air raid alert.
3. Initiate a review of state policy in the field of labor of convicts in the SIZO with the aim of ensuring legal status and social guarantees.
4. Ensure institutional control over the quality of medical care in SCES institutions.

To the State Criminal Enforcement Service of Ukraine

1. Oblige the SIZO administration to: end the practice of labor exploitation (lack of contracts, full deduction of salaries).
2. Eliminate violations in conditions of detention (overcrowding, lack of isolation, lack of light, ventilation, sanitary facilities, drinking water).
3. Repair exercise yards, cells, sanitary facilities, and showers.
4. Organize the delivery of food in thermoses.
5. Ensure real access to walks and out-of-cell activities, especially for women and the extradited.
6. End the practice of open carrying of special equipment by staff.
7. Organize medical sorting of new arrivals, quarantine, and isolation wards for tuberculosis patients.
8. Take measures to ensure the rights of persons with disabilities: accessibility, implementation of IRP, medical support.

To the Administration of the SI “Chernivtsi Remand Prison”, the Chernivtsi City Medical Unit No. 33 of the branch of the State Institution “Center for Healthcare of the State Criminal Enforcement Service of Ukraine” in Chernivtsi, Ivano-Frankivsk, Zakarpattia Regions

1. Ensure: documented employment relations with convicts; conclusion of fixed-term employment contracts, keeping of timesheets, accrual of wages with an explanation of deductions; keeping of applications for voluntary labor and protocols of medical examinations.
2. Eliminate: the metal cage in the medical unit; violations of the confidentiality of medical examinations; the practice of attaching medical certificates to disciplinary cases.
3. Ensure: proper keeping of medical documentation; informed consent for psychiatric examinations; recording of bodily injuries with photos and diagrams; an isolation ward for persons with mental disorders; provision of OST; medical examinations for the food service unit, medical books; compliance with drug storage conditions; operation of the telemedicine complex; PCR testing and treatment of HCV; accessibility of premises for persons with limited mobility.

To the State Institution “Center for Healthcare of the State Criminal Enforcement Service of Ukraine”

Ensure: proper staffing of medical unit No. 33 (narcologist, laboratory assistant, dentist); technical equipment (dental X-ray, PCR systems); implementation of OST programs in SCES medical units; compliance with standards for maintaining IRP for persons with disabilities; maintenance of the sanitary-epidemiological regime in places of isolation for the sick; implementation of telemedicine consultation in SCES institutions.

To the Office of the Prosecutor General/Prosecutor's Offices

Conduct an inspection of: the justification for withholding all salaries of convicts; the lawfulness of the practice of organizing labor without contracts; the accessibility of medical services for persons with HCV and drug addiction; violations in the field of respecting the confidentiality of medical information; the conditions for applying disciplinary penalties and the participation of medical personnel; inadequate conditions of detention, including access to drinking water, ventilation, lighting.