Report on the Results of the Monitoring Visit to Kropyvnytskyi Correctional Colony No. 6

On 10 April 2025, in accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and taking into account the provisions of the United Nations Standard Minimum Rules for the Treatment of Prisoners and the rulings of the European Court of Human Rights, 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 “Protection of Prisoners of Ukraine” conducted a follow-up visit to the state institution “Kropyvnytskyi Correctional Colony No. 6” (hereinafter KVK-6, the institution, the facility).

A planned, unannounced visit took place. The previous visit occurred on 12 November 2024.

In preparation for the visit, the monitors utilised materials from appeals by convicts and their relatives, materials from previous reports, and the report of the monitors of the National Preventive Mechanism (NPM) under the Commissioner for Human Rights of the Verkhovna Rada of Ukraine.

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 — 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, experienced 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 public organisation “Protection of Prisoners of Ukraine,” possesses many years of experience in monitoring visits.

During the monitoring visit to the state institution “Kropyvnytskyi Correctional Colony No. 6,” violations of the rights of convicts were identified in the areas of labour, social guarantees, and medical care.

Convicts work without properly concluded employment contracts, which violates their rights to fair remuneration. Working conditions do not comply with legal requirements; there are no medical examinations, occupational safety briefings, or protective equipment. Furthermore, convicts do not receive adequate medical care, including psychiatric assistance, and the conditions in the cells do not meet standards, which endangers their health.

It is recommended that measures be taken to ensure proper working and medical conditions, the conclusion of employment contracts, and the improvement of living conditions.

General Information

KVK-6 is a medium-security penal institution for the detention of men who have previously served sentences in places of deprivation of liberty.

The facility is located at: 25006, Kirovohrad region, city of Kropyvnytskyi, 50 Yanovsky Street.

The head of the institution is Colonel of the Internal Service Serhii Volodymyrovych Romankov.

The facility consists of a duty unit, Socio-Psychological Service (SPS) units, a canteen, a Disciplinary Isolation Ward (DIZ), Camera-Type Premises (CTP), a High-Security Unit (HSU), a medical unit, a laundry and bath complex, visitation rooms, a shop, a library, a parcel delivery room, and administrative premises.

According to the institution's administration, the authorised staff size of the facility is 330.5 positions. The actual number is 190.5 positions. The total staff shortage in the institution is 140 employees.

The planned capacity of the facility is 616 people. The actual number of prisoners/convicts is 206 people. The facility has 7 SPS units, a Quarantine, Diagnosis, and Distribution unit (KDiR), and an HSU.

There are 3 psychologists working at the institution. In 2024, 1 convict died. 60 convicts are employed.

In the DIZ (disciplinary isolation ward), 1 convict was held; in the CTP (camera-type premises), 1; and in the HSU (high-security unit), 7.

Operational and preventive records at the institution showed: 7 convicts prone to suicide, 22 prone to self-harm, and 4 prone to escape. There are 8 convicts who are malicious violators of the detention regime.

During 2024–2025, no persons filed complaints regarding inadequate detention conditions or inadequate provision of medical care. 8 persons have disabilities.

Convicts have 110 tablets in their personal possession; 0 people have an email address.

Over the last six months, there have been 8 acts of prosecutorial response. During 2025, 1 incident of bodily injury while in the institution was recorded.

The monitoring group interviewed about 100 convicts during the visit to the industrial zone, SPS units, and disciplinary premises, conducting general conversations, providing consultations and answers to questions, and surveying regarding human rights violations, as well as individual communication with persons, including on an anonymous basis.

It is worth noting that the institution's administration responds adequately to complaints from convicts regarding the actions/inaction of the administration. Furthermore, the administration does not hide cases of human rights violations, which can be considered signs of openness and transparency, as well as proper and adequate response.

Positive Experience

In accordance with the strategy for reforming the penitentiary system for the period up to 2026, approved by the Order of the Cabinet of Ministers of Ukraine dated 16 December 2022 No. 1153-r, and measures to ensure the regime and security in penal institutions and pre-trial detention centres in 2024, the state institution KVK-6 improved the long-term visitation room and the Socio-Psychological Service department by providing individual space, and carried out repairs to the DIZ and other facilities in 2024.

Facts Discovered During the Visit

During the monitoring visit, violations of national legislation and failure to comply with international recommendations regarding the treatment of prisoners were discovered, leading to violations of the rights of convicted persons.

1. As with the previous visit, numerous complaints were received from convicts regarding inappropriate treatment by the administration and staff of the institution. Specifically, during confidential conversations, the majority of prisoners reported that upon arrival at the quarantine, diagnosis, and distribution unit (hereinafter KDiR) and during their stay in the Socio-Psychological Service (SPS) units, facility staff forced them to perform humiliating tasks publicly, including demonstrating cleaning in public, thereby publicly establishing their place in the informal prison hierarchy, while recording these actions with technical devices/means capable of photography, filming, and video recording.

In the event of refusal, disciplinary sanctions were applied to the convicts, including placement in a disciplinary isolation ward (hereinafter DIZ) with the prospect of applying Article 391 of the Criminal Code of Ukraine to them. Such actions are humiliating to human dignity and have signs of segregation into castes within the informal prison hierarchy. As a result, prisoners who end up in the lower castes often become targets of discrimination, humiliation, and physical violence from other convicts, which can cause conflicts between different groups of prisoners and generally strengthen the criminal subculture within the institution.

As on the previous occasion, the monitoring group established that there is an existing practice of segregation and stigmatisation of a particularly vulnerable category of prisoners, known as “the excluded.” This contradicts the requirements of parts one and two of Article 24 of the Constitution of Ukraine, part five of Article 7 of the Penal Code of Ukraine (hereinafter the Penal Code of Ukraine), and point 13 of the European Prison Rules, and may indicate a violation of the right of convicts to protection against cruel, inhuman, or degrading treatment, enshrined in Article 28 of the Constitution of Ukraine and Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter the Committee), in its report following its 2023 visit to Ukraine, calls on the Ukrainian authorities to develop and implement a comprehensive strategy to combat violence and intimidation among convicts and to overcome the phenomenon of the informal hierarchy among convicts with all its negative consequences.

In this context, the penitentiary administration must also rationalise risk and needs assessment, classification, and distribution of individual convicts in order to ensure that convicts are not subjected to the influence of other convicts who may cause them harm. (CPT/Inf (2024) 20) paragraph 45).

2. During the visit to the institution's disciplinary isolation ward (hereinafter DIZ), the monitoring group determined that mechanisms for securing beds to walls were installed in the DIZ cell premises.

At the same time, regulatory legal acts do not provide for the locking of folding beds in camera-type premises and disciplinary isolation wards where convicts are serving sanctions. This creates conditions for potential abuse by the institution's staff, as convicts may be deprived of the opportunity to sit or lie on the bed during the day.

3. Radiofication in the DIZ/CTP cell premises is absent, which contradicts the requirements of point 3 of section XX of the Internal Regulations of Penal Institutions and point 63 of the UN Standard Minimum Rules for the Treatment of Prisoners.

4. During the measurement of the area in the DIZ cell premises, the monitoring group determined that the width between the walls of these cell premises is 1.8 m. At the same time, in the Report of the Government of Ukraine following the Committee's visit to Ukraine in 2012, the Committee notes that any solitary confinement cells must have a living area of no less than 6 m² (excluding the integrated toilet); the distance between the walls of the cell must be no less than 2 m (paragraph 45 (CPT/Inf (2013) 23)).

5. The monitoring group determined that in the DIZ cell premises, the actual number of sleeping places exceeds the permissible limit to ensure the legislative norm of area per person. Specifically, in DIZ cell premises Nos. 1, 2, and 5, which, according to the living area measurement act, are designed for two places at a norm of 4 m² per person, there are 4 beds.

This violation creates conditions for potential abuse by the institution's administration and staff in the context of compliance with the living area norm per convicted person. At the same time, in point 13 of the Committee's seventh General Report, 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 has resulted in inhuman or degrading detention conditions (CPT/Inf (97) 10).

6. Contrary to the requirements of rule 22.5 of the European Prison Rules and the Standards for provision with furniture, equipment, and household items for a medium-security correctional colony, approved by the Order of the Ministry of Justice of Ukraine dated 27 July 2012 No. 1118/5 (hereinafter — Provision Standards), the DIZ cell premises are not equipped with drinking water containers.

7. Walking yard No. 1 is not equipped with proper shelter for protection from atmospheric precipitation, and the area of walking yard No. 3 is insufficient to ensure full physical activity for the convicts.

At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, in its second General Report, emphasises that the daily stay of persons in the open air should take place on a site of sufficient area, and the walking areas themselves, as far as possible, should be equipped with shelter in case of adverse weather conditions (CPT/Inf (92) 3, paragraph 48).

8. In accordance with point 5 of section II of the Regulations on the quarantine, diagnosis, and distribution unit for convicts, approved by the Order of the Ministry of Justice of Ukraine dated 04.11.2013 No. 2300/5, registered with the Ministry of Justice of Ukraine on 04.11.2013 under No. 1864/24396 (hereinafter — Regulations on KDiR), it is provided that the planning of measures for the orientation programme for newly arrived convicts should be carried out in such a way that each member of the working group visits the KDiR unit at least once a week.

However, during the analysis of the log of visits to the quarantine, diagnosis, and distribution unit by administration representatives (hereinafter — KDiR unit visit log), it was determined that the acting head of the medical unit — a doctor who is part of the working group — does not visit the unit with the stipulated frequency, thereby violating the requirements defined by the Regulations regarding participation in work with newly arrived convicts.

9. The equipment of the quarantine, diagnosis, and distribution unit (hereinafter KDiR) does not meet the standards for the treatment of prisoners and conditions of their detention according to their needs. Thus, in violation of the Provision Standards, the unit lacks a number of premises, namely: a room for storing food products; a room for storing the exchange fund of bedding, clothing, and special workwear; a pantry for temporary storage of dirty bedding, clothing, and special workwear; a utility room; and a drying room.

The absence of these premises leads to a violation of sanitary and hygienic standards. Consequently, food products may be stored at inappropriate temperatures, in damp or contaminated premises, which contributes to their rapid spoilage, the development of mould, and the multiplication 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. In the living quarters of the KDiR unit, the monitoring group recorded a violation of the temperature regime. At the time of inspection, the air temperature in the living quarters was plus 14 °C, whereas according to point 1 of section XXII of the Internal Regulations of Penal Institutions, during the cold season, the temperature in the living quarters of penal institutions must be maintained at a level of no less than plus 18 °C.

11. In the living quarters of the KDiR unit, the monitoring group determined the presence of windows equipped with frosted glass, due to which natural light practically does not penetrate into the premises. In its report following its visit to Ukraine in 2020, the Committee already drew attention to this and recommended taking measures to review the window design in cells in order to allow prisoners to see what is outside the cell (CPT/Inf (2020) 40, paragraph 48).

12. During the visit to the living quarters of the SPS units Nos. 4, 5, 6, and 7, it was determined that the conditions of their detention do not comply with the requirements of part one of Article 115 of the Penal Code of Ukraine, point 1 of section XXII of the Internal Regulations of Penal Institutions, as well as points 13, 14, and 15 of the UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules).

Specifically, in the SPS units Nos. 4, 5, 6, and 7, 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 recorded. In violation of rule 18.1 of the European Prison Rules, beds in a number of living quarters are located close to each other, which does not provide convicts with proper personal space (sleeping rooms Nos. 1, 4, 6, 8, 9 of SPS unit No. 5; Nos. 1, 2, 4 of SPS unit No. 4; and the sleeping room of SPS unit No. 6).

Furthermore, the sanitary facilities in the aforementioned units (SPS Nos. 4, 5, 6, 7) are not equipped with partitions and doors, which does not allow convicts to ensure privacy when using them, thereby violating the requirements of rule 19.3 of the European Prison Rules.

Separately, it was determined that in the SPS No. 4 and SPS No. 7 units, convicts use a common sanitary facility in which only three toilet cubicles are provided for 39 people. Thus, one toilet cubicle accounts for 13 people, which contradicts the Provision Standards and leads to unsanitary conditions that violate the right of convicts to dignity and privacy.

The monitoring group recorded a violation of the temperature regime in the SPS units Nos. 4, 5, 6, and 7. At the time of inspection, the air temperature in the living quarters was plus 14-15 °C, whereas according to point 1 of section XXII of the Internal Regulations of Penal Institutions, during the cold season, the temperature in the living quarters of penal institutions must be maintained at a level of no less than plus 18 °C.

The monitoring group determined that in individual sleeping rooms of the SPS units, the actual number of sleeping places exceeds the permissible limit to ensure the legislative norm of area per person. For instance, in sleeping room No. 9 of the SPS unit No. 5, where 16 beds are located, the area of the room is 60.5 m².

Thus, the actual area per convicted person was 3.78 m². This violation creates conditions for potential abuse by the institution's administration and staff in the context of compliance with the living area norm per convicted person and does not provide proper personal space to the detained persons in the sleeping rooms.

In some premises, artificial and natural lighting is unsatisfactory.

Contrary to the requirements of rule 22.5 of the European Prison Rules and the Provision Standards, the SPS unit premises are not equipped with drinking water containers.

In addition, some of the living quarters (SPS units Nos. 4, 6, 7) require capital repairs with mandatory replacement of sanitary and technical equipment and electrical networks.

At the same time, in the report of the Government of Ukraine following the 2023 visit, the Committee called on the Ukrainian authorities to take the necessary measures to improve the material conditions of detention, in particular to reduce the occupancy of cells so that at least 4 m² of living space per detained person (excluding the area occupied by in-cell toilets) is provided; to maintain all places of placement of convicts and detained persons, 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 light and ventilation in the cells, and to fully equip internal sanitary facilities with partitions (i.e., from floor to ceiling) (CPT/Inf (2024) 20, paragraph 58).

13. As with the previous visit, it was determined that the living conditions of convicts in some dormitories of the SPS units are unsatisfactory and violate their right to decent living conditions. Thus, in violation of the Provision Standards, the SPS unit No. 6 lacks a number of premises, namely: a dining room; a room for storing food products; a room for storing the exchange fund of bedding, clothing, and special workwear; a pantry for temporary storage of dirty bedding, clothing, and special workwear; and a drying room.

It should be noted that there is a systematic violation of the order of organisation of storage of convicts' personal belongings in the institution. Specifically, in all visited SPS units, including those where capital repairs were recently carried out, the monitoring group recorded the storage of outer clothing and footwear of convicts in the sleeping rooms.

14. The organisation of laundry and bath services for convicts at the state institution “Kropyvnytskyi Correctional Colony No. 6” is carried out in violation of the requirements provided for by 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 dated 08.06.2012 No. 849/5 (hereinafter — Regulations).

Thus, as of 10.04.2025, the sanitary processing of convicts, which according to the Regulations includes washing with soap and a washcloth, mandatory replacement of underwear and bed linen, and the conducting of disinfection (destruction of pathogenic microorganisms) and disinsection (destruction of insects and ticks) of personal clothing and bedding (pillows, mattresses, blankets) in a disinfection chamber, was last carried out only on 30.03.2025, i.e., 11 days before the date of the monitoring visit.

This information is confirmed by the relevant entries in the Bath Visit Log, the Log of disinfection (disinsection) of clothing and bedding in the disinfection chamber, and the Log of body inspections in the bath.

At the same time, the institution's administration explained the discovered inconsistency by stating that the aforementioned documentation is kept formally — by convicts who are engaged in work in the laundry and bath complex. This indicates the improper performance of official duties by the institution's personnel and medical unit staff, the actual shifting of the functions of the institution's employees onto convicts, and the lack of proper control by the administration over the organisation of the process of sanitary processing and laundry and bath services.

In violation of point 2.14 of section II of the Regulations, the institution does not ensure the provision of hairdressing services to convicts and detainees. In violation of the Provision Standards, the laundry lacks a shower room and toilet for employees. In violation of the requirements of rule 19.3 of the European Prison Rules, the right to privacy is not observed in the bath and shower room of the DIZ unit due to the absence of curtains on the shower partitions.

In violation of the requirements of point 2.11 of section II of the Regulations, the forced supply and exhaust ventilation system is not working in the shower room of the DIZ unit. The laundry drying room is not used for its functional purpose due to its disconnection from the central heating system, which makes it impossible to maintain the proper temperature regime necessary to ensure sanitary and hygienic requirements for drying laundry.

Supervision over compliance with the order during the washing of convicts in the bath, as well as control over the cleaning, disinfection of premises, and the conduct of medical examinations, as provided for by points 3.10 and 3.11 of the Regulations on the organisation of laundry and bath services, is not actually provided by the duty medical worker.

15. In the premises of the laundry and bath complex, there are gross violations of the requirements of the Fire Safety Rules in Ukraine, approved by the Order of the Ministry of Internal Affairs of Ukraine dated 30.12.2014 No. 1417, registered with the Ministry of Justice of Ukraine on 05.03.2015 under No. 252/26697 (hereinafter — Fire Safety Rules), in particular, the electrical panel door is open, and electrical wires are not properly insulated, which may lead to electrocution of convicts or the institution's staff and other negative consequences.

16. In violation of the requirements of the Provision Standards, the institution's canteen lacks a cloakroom, which leads to convicts being forced to eat in their outer clothing.

17. In violation of the requirements of the Provision Standards, the canteen lacks a sanitary facility for staff.

18. During the visit, the monitoring group recorded that the institution's staff, who have direct contact with convicts, openly carry special equipment, including rubber batons. At the same time, according to the eighth paragraph of point 1 of section XXVI of the Internal Regulations of Penal Institutions, the carrying of special equipment by penal institution personnel within the guarded territory of the penal institution should, if possible, be maximally concealed from surroundings.

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

19. According to official documentation, the staff shortage in the institution as of 10.04.2025 is 140 positions. At the same time, in the report of the Government of Ukraine following the 2023 visit, the Committee emphasises that ensuring a positive climate in a penitentiary institution requires a professional team of staff, who must be present in sufficient numbers at any moment in time in the places of detention.

Insufficient staff numbers can only increase the risk of violence and intimidation among convicts. The lack 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 connection, the Committee calls on the Ukrainian authorities to take decisive measures to significantly increase the number of staff in penitentiary institutions of Ukraine where there is a low level of staffing, in order to strengthen the presence of security and surveillance service personnel inside the institutions. Measures must also be taken to put an end to the 24-hour shifts for staff on duty (CPT/Inf (2024) 20, paragraph 93).

20. During the monitoring visit, a number of violations of the right to work and social guarantees were recorded. The right to work and social guarantees for persons sentenced to imprisonment are regulated by the Constitution of Ukraine (Art. 43, 46), the Penal Code of Ukraine (Art. 118, 121, 122), the Labour Code of Ukraine (Art. 21, 24), the Law of Ukraine “On Occupational Safety” (Art. 17, 19), as well as international standards, in particular the Mandela Rules (p. 99), the International Covenant on Economic, Social and Cultural Rights, and the European Prison Rules, which guarantee the right to work, decent working conditions, fair pay, social protection, medical care, and safety for workers, including convicts.

At the time of the visit, 12 convicts were working in the canteen, and other convicts perform maintenance work, including servicing the institution's infrastructure, but the working conditions and social protection provided to them have numerous shortcomings.

Convict V. works at a dishwasher from 6:00 a.m. to 8:00 p.m. every day, without weekends and holidays.

Considering such a long duration of working hours, this violates Art. 50 of the Labour Code of Ukraine (maximum duration of working hours). There is also no information about the provision of weekends and holidays to him, which is a violation of labour rights. Thus, the absence of weekends violates the right to rest, which is part of the rights to work enshrined in Art. 43 of the Constitution of Ukraine. There is also no information regarding the conclusion of an employment contract with this convict.

Convict K. works in the canteen as a cook.

However, as in the case of other convicts, no information is provided about the conclusion of an employment contract with him, nor about his medical examinations and occupational safety briefings. This violates Art. 118 of the Penal Code of Ukraine (the right of convicts to work under proper conditions). The absence of a properly concluded employment contract violates Art. 21 of the Labour Code of Ukraine, which ensures the right to conclude an employment contract.

Convicts R. and B. work in two shifts in the canteen, but there is no documentation confirming they have undergone medical examinations or that they have personal protective equipment. This violates Art. 169 of the Labour Code of Ukraine and Art. 17 of the Law of Ukraine “On Occupational Safety,” which require the provision of protective equipment and medical care. The absence of medical examinations and personal protective equipment endangers the health of the convicts, violating their rights to safe working conditions.

Convict G. works in the canteen but does not undergo medical examinations and does not receive personal protective equipment, which violates Art. 119 of the Penal Code of Ukraine and Art. 17 of the Law of Ukraine “On Occupational Safety.” The absence of proper medical care and protection increases the likelihood of diseases or injuries during work, which is a violation of social guarantees.

Convict B. works in the canteen in the vegetable department, but his surname was not in the report for assignment to work, which is a violation of labour rights, as formal employment is not ensured. This is a violation of the right to work and social guarantees, as the convict does not have a confirmed official status as a worker.

Violation of the rights of convicts at production facilities. Convicts working at production facilities (including the manufacture of fuel pellets, fishing nets, lead sinkers, etc.) face a number of violations of labour rights.

Convict S. is not included in the assignment roster for work, which indicates a violation of the right to work (Art. 43 of the Constitution of Ukraine). The lack of opportunity to work officially violates his right to work, provided for by the Constitution and international standards.

Regarding convicts K., O., B., G., S., R., K., B., M., G., and B., no clear information is provided regarding the conclusion of employment contracts. This may indicate the absence of official labour relations, which violates Art. 21, 24 of the Labour Code of Ukraine and Art. 118 of the Penal Code of Ukraine. The absence of concluded employment contracts deprives convicts of guarantees provided by legislation, including social benefits, pensions, the ability to appeal working conditions, etc.

Convicts at KVK-6 work on the basis of contracts between the institution and customers without their direct participation in the conclusion of employment contracts, which violates Art. 21, 24 of the Labour Code of Ukraine and Art. 118 of the Penal Code of Ukraine. As a result — non-payment of fair wages: the deduction of 25% of the earned sum in favour of the enterprise of the State Penitentiary Service violates Art. 43 of the Constitution of Ukraine and Art. 95 of the Labour Code of Ukraine, which guarantees fair remuneration for work.

Non-compliance of working conditions with occupational safety requirements: the absence of medical examinations, occupational safety briefings, personal protective equipment, and sanitary norms violates Art. 169 of the Labour Code of Ukraine, Art. 17 of the Law of Ukraine “On Occupational Safety,” and Art. 119 of the Penal Code of Ukraine.

Medical Unit No. 6 of the branch of the State Institution “Centre for Health Care of the State Penitentiary Service of Ukraine” in Cherkasy and Kirovohrad regions

Acting Head of Medical Unit No. 6 — a doctor of the branch of the State Institution “Centre for Health Care of the State Penitentiary Service of Ukraine” in Cherkasy and Kirovohrad regions — Oleh Yaroslavovych Mota.

1. In violation of the requirements of point 9 of the Rules for the use of physical restraint and (or) isolation when providing psychiatric assistance to persons suffering from mental disorders, approved by the Order of the Ministry of Health of Ukraine dated 24 March 2016 No. 240, registered with the Ministry of Justice of Ukraine on 15 April 2016 under No. 570/28700, as well as point 8.3.4 of the State Building Norms of Ukraine V.2.2-10:2022 “Health Care Institutions,” the isolation ward for persons with mental disorders does not meet the established regulatory requirements.

Specifically, the premises have an area of less than 7 m², are not equipped with windows, which makes it impossible to have access to natural light and the influx of fresh air, and there is no forced supply and exhaust ventilation system, sanitary facility, or a container with boiled drinking water.

Furthermore, the premises are equipped with a metal enclosure with locking doors, and the very method of arranging the space for monitoring a person who is isolated creates detention conditions that resemble the treatment of an animal rather than a human.

Such circumstances indicate a violation of the right of convicts to health protection and the receipt of adequate medical care and may be regarded as cruel, inhuman, or degrading treatment, which contradicts the requirements of both the national legislation of Ukraine and international human rights standards. Separately, it should be noted that in its report following the 2020 visit to Ukraine, the European Committee for the Prevention of Torture expressed concern about the practice of installing cages or metal enclosures in medical offices where prisoners were usually kept during medical consultations or procedures, including for the administration of injections.

The Committee emphasised that although the use of additional security measures may be justified in isolated cases, the systemic practice of placing prisoners in cages while receiving medical care grossly violates human dignity, hinders the formation of trusting relationships between the patient and the doctor, and may impede the objectivity of the medical conclusion. The Committee strongly recommends that the Ukrainian authorities immediately dismantle the cages and barred structures from the medical units of institutions and completely cease such practice in all penal institutions (CPT/Inf (2020) 40, paragraph 60).

2. The monitoring group determined that in the institution's medical unit, a convict who is engaged in the duties of an attendant remains on duty around the clock. Specifically, in the ward for infectious patients, there was a convict who, according to the information provided, constantly occupies a sleeping place in this room and performs the duties of an orderly.

During a confidential conversation, the convict reported that he belongs to the category of so-called “the excluded” and is engaged by medical personnel to perform work caring for seriously ill patients, as well as to perform cleaning of wards and corridors of the medical unit, including the dirtiest types of work.

At the same time, it should be noted that the Committee has repeatedly emphasised the inadmissibility of using convicts as assistants to medical personnel or orderlies in medical institutions of the penitentiary system. In particular, relevant recommendations were expressed following visits to Ukraine in 2005 (paragraph 132, CPT/Inf (2007) 22), in 2013 (paragraph 151, CPT/Inf (2014) 15), and in 2017 (paragraph 86, CPT/Inf (2018) 41).

3. In accordance with point 1 of chapter 2 of Section II of the “Procedure for organising the provision of medical care to persons sentenced to imprisonment,” approved by the joint Order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572 (hereinafter — Procedure), within fourteen days of the convicts' stay in the quarantine, diagnosis, and distribution unit, they are subject to a full medical examination, which is carried out by doctors of the relevant specialisation.

However, during the analysis of the medical documentation of the convicts, in particular, the medical cards of the outpatient patient of the primary accounting documentation form No. 025/o, it was determined that the convicts do not undergo an examination by a psychiatrist, which is evidenced by the absence of a relevant record by the aforementioned specialist. Failure to fulfil the requirements regarding a full medical examination may lead to the untimely detection and provision of necessary psychiatric assistance.

4. 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 the patient-signed informed consent of the person to undergo a psychiatric examination was determined in the medical documentation (medical card No. 025/o or No. 003/o).

5. In violation of the requirements of the State Building Norms V.2.2-10:2022 “Health Care Institutions. Basic Provisions,” the isolation wards for persons with infectious diseases are not equipped with sanitary facilities and shower cubicles, which forces infectious patients to use common sanitary facilities together with other detained persons who are undergoing treatment in the medical unit's hospital. The absence of proper conditions makes effective isolation of patients impossible, contributes to the spread of infectious diseases, and creates a risk to the health of both convicts and the institution's staff.

6. In violation of the requirements of part one and part two of Article 115 of the Penal Code of Ukraine, the majority of the examined ward premises require repair work, in particular, the installation of new plastic windows, the replacement of sanitary and technical equipment, and the renewal of the electrical network. In addition, a violation of the living area norms provided for the detention of convicted persons in the hospital of health care institutions was determined, according to which the area per person must be no less than 5 m².

Specifically, in ward No. 1 for the treatment of somatic patients, in which 7 beds are placed, the total area of the room is 29.08 m², which actually ensures only 4.1 m² per person, which is a violation of the defined standards. Similar violations were determined in the isolation ward for infectious patients.

7. In the medical unit, the provision of opioid substitution therapy (hereinafter — OST) for persons with mental and behavioural disorders due to the use of opioids is not organised in accordance with the Procedure for conducting substitution maintenance therapy for persons with mental and behavioural disorders due to the use of opioids, 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, mutual aid 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 the Legislation of Ukraine on Health Care.”

At the same time, the Committee, in the report following the 2023 visit to Ukraine, notes that entry into a penitentiary institution is an opportunity to solve the problem associated with drugs, and therefore it is important that relevant assistance be offered to all interested persons; consequently, relevant medical care must be available 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. In addition, access to OST programmes in institutions must be easily accessible, and they should also be managed by penitentiary doctors who must undergo special training on issues related to drug use (CPT/Inf (2024) 20, paragraph 86).

8. During the visit, 11 convicts who had previously stopped treatment in the substitution maintenance therapy (OST) programme for one reason or another approached the monitoring group with complaints about the inaccessibility of this type of treatment in the institution's medical unit and with a request for assistance in their transfer to another institution where OST is organised.

At the same time, human rights defenders became aware of cases of potential psychological pressure and intimidation exerted by the institution's administration on persons who approached the monitoring group. Specifically, convicts who expressed a desire to receive treatment within the framework of OST are being coerced into refusing the transfer to the relevant facility and refraining from further communication with human rights defenders or voicing complaints.

Such actions of the administration, in particular interference in the realisation of the right of convicts to access adequate medical care, may be regarded as a violation of the right to health protection (Article 49 of the Constitution of Ukraine, Article 38 of the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Health Care”) and Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Under similar circumstances, the Committee recommends regularly conveying a clear message to the colony's management and staff that ill-treatment of prisoners in any form, including threats, is unacceptable and will be punished accordingly. It also recommends providing staff with a clear message that any threats or intimidation aimed at preventing the filing of complaints by prisoners are unacceptable (CPT/Inf (2020) 40, paragraph 22).

9. During the inspection of the DIZ, monitors determined that when a convict is placed in a disciplinary isolation ward, it is practised to attach to the case a medical certificate which contains the state of health and according to the conclusion of which the convict can be kept in the DIZ/CTP due to their state of health. The discovered facts prove that the institution's staff possess confidential information regarding the state of health of convicts who are in the DIZ unit. This violates the requirements of Article 39-1 of the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Health Care” regarding the right of persons to the secrecy of their health status.

At the same time, the Committee has repeatedly emphasised that the obligation of penitentiary doctors to certify the fitness of convicts for serving disciplinary sanctions 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 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 immediately informed about each such placement and must visit the convict immediately after placement, and then regularly, no less than once a day, and provide him with operational medical care and treatment if necessary. Medical personnel must inform the institution's administration if the health of the convict is subjected to a serious threat due to solitary confinement (CPT/Inf (2024) 20, paragraph 104).

10. In the medical unit, there are no separate offices for a general practitioner — family doctor, infectious disease specialist, psychiatrist, and dermatologist. These doctors conduct examinations of sick detainees and convicts in one room, which does not ensure confidentiality and may lead to a violation of the right to privacy during medical examinations.

11. During the study of medical documentation, it was determined that in the medical cards of the outpatient patient 025/o, photographs of existing bodily injuries are not attached to the compiled certificates, as provided for in point 3 of section I, chapter II of the Procedure. At the same time, the Committee, in the report following the 2023 visit to Ukraine, notes that any traumatic injuries discovered during a medical examination should be photographed in detail, and the photographs together with body diagrams should be kept in the individual medical card of the person (CPT/Inf (2024) 20, paragraph 82).

12. 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 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 status and the spread of the aforementioned infectious disease among convicted persons.

13. Dispensary supervision is carried out for 10 persons with disabilities. Of them: Group I — 0 persons; Group II — 1 person; Group III — 9 persons. 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 a persistent impairment of body functions caused by diseases or the consequences of injuries that cause limitations in normal life activity.

Thus, during the study of the medical documentation of the convicts, it was determined that for 1 person with a disability, an individual rehabilitation programme (hereinafter — IRP) is absent. Furthermore, IRP recommendations are not being fulfilled, due to which they are not receiving proper diagnostic, treatment, and rehabilitation measures in the presence of information confirming a persistent impairment of body functions caused by diseases and the consequences of injuries, which cause limitations in normal life activity.

14. 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 low-mobility groups of the population,” conditions for the detention of people with disabilities have not been created in the medical unit.

15. In violation of point 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 “On approval of Licensing conditions for carrying out economic activities for medical practice,” the medical unit lacks a certificate confirming free access to the buildings and premises of the medical institution for low-mobility groups of the population, the receipt of which is mandatory.

16. In violation of the Procedure for organising the provision of 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 medical unit staff, due to technical limitations, are deprived of the opportunity to send requests for telemedicine consultations and receive professional assistance for providing medical services to convicts.

17. In violation of the requirements of the Equipment List 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 in-depth dental examinations of convicts and does not ensure the timely provision of proper dental care.

18. 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 preventive institutions,” medicinal products in the medical unit are stored in violation of the temperature regimes specified by the manufacturer.

Specifically, during the inspection of the manipulation room, it was determined that the temperature in the refrigerator was minus 2 °C; at the same time, among the medicinal products stored there, one package of the drug “Ascorbic Acid” was found, for which the manufacturer specifies a storage temperature regime of no lower than +2 °C.

The specified violation may lead to the loss of the medicinal product's pharmacological properties, which poses a risk to patients' health and indicates improper organisation of control over the storage conditions of medicinal products in the facility.

19. In violation of the requirements of the Norms of entitlement to bedding, special clothing, and special footwear (inventory property) for convicts undergoing treatment in medical and preventive institutions, institutions with the rights of medical facilities, and medical units at 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, convicts in the hospital do not receive hospital property (suit, gown, and hospital slippers).

20. In violation of the Fire Safety Rules in Ukraine, approved by the Ministry of Internal Affairs of Ukraine dated 30.12.2014 No. 1417 (hereinafter — Rules), the premises of the medical unit are not equipped with fire extinguishing and fire alarm systems. In the isolation ward for persons with mental disorders, electrical sockets are damaged, and electrical wires are not properly insulated, which may lead to electrocution of convicts or medical unit staff and other negative consequences.

21. The premises of the doctors' office and the X-ray room are not provided with fire extinguishers, which is a violation of the requirements of point 3.6 of chapter 3 of section V of the Rules and a violation of point 10.18 of chapter 10 of the State Sanitary Rules and Norms “Hygienic requirements for the installation and operation of X-ray rooms and the conduct of X-ray procedures,” approved by the Order of the Ministry of Health of Ukraine dated 04.06.2007 No. 294, registered with the Ministry of Justice of Ukraine on 7 November 2007 under No. 1256/14523.

Recommendations:

1. Prohibit the practice of coercing convicts to perform humiliating tasks that violate their dignity;
2. Take measures to put an end to the informal prison hierarchy, which leads to discrimination and violence among convicts;
3. Develop and implement a strategy to combat violence and intimidation among convicts, which includes proper classification and distribution of prisoners to ensure their protection against aggression from other persons;
4. Carry out necessary repair work to increase cell area in accordance with standards, and ensure proper conditions for the detention of convicts in the DIZ, taking into account the requirements of international standards regarding living area and the minimum distance between cell walls;
5. Install radiofication in the DIZ that meets the requirements of the Internal Regulations of Penal Institutions and the UN Standard Minimum Rules;
6. Install partitions and doors in sanitary facilities to ensure privacy for convicts when using sanitary premises;
7. Ensure appropriate area per each convict in sleeping quarters in accordance with established norms, and also exercise proper control over compliance with these requirements;
8. Ensure regular medical examinations and occupational safety briefings for all convicts, including mandatory medical examinations at the stage of quarantine, diagnosis, and distribution;
9. Establish proper control over the organisation of medical examinations, as well as over the use of personal protective equipment, in accordance with occupational safety requirements;
10. Install all necessary premises that meet sanitary requirements in the quarantine unit (KDiR), in particular, a room for storing food products, bedding, and special means for drying and storage;
11. Ensure proper storage of products and clothing in appropriate premises, observing sanitary and hygienic requirements;
12. Take measures to fulfil the requirements of the Regulations on the organisation of laundry and bath services, ensuring proper documentation and control over the sanitary processing of convicts;
13. Ensure compliance with sanitary and hygienic requirements in the laundry and bath complex, introducing regular disinfection procedures and ensuring proper conditions for employees to perform their duties;
14. Take measures to improve fire safety, in particular, equip the premises of the medical unit, the laundry and bath complex, and other premises with appropriate fire extinguishing means and electrical insulation;
15. Ensure proper conditions for eating, in particular, the creation of a cloakroom in the canteen for convicts, and the fitting out of a sanitary facility for staff;
16. Ensure the proper conclusion of employment contracts with all convicts engaged in labour, in accordance with the requirements of the Labour Code of Ukraine and the Penal Code of Ukraine;
17. Regulate the issue of fair remuneration, including deductions in favour of the enterprise of the State Penitentiary Service, and ensure the timely payment of wages to convicts in accordance with concluded contracts;
18. Make changes to the organisation of work at production facilities, in particular, ensure proper control over the performance of labour duties and compliance with occupational safety requirements for all convicts;
19. Take measures aimed at eliminating identified human rights violations and preventing torture and other cruel, inhuman, or degrading treatment and punishment in Medical Unit No. 6 of the branch of the State Institution “Centre for Health Care of the State Penitentiary Service of Ukraine” in Cherkasy and Kirovohrad regions;
20. Ensure control over the proper maintenance of medical documentation in accordance with the Procedure for organising the provision of medical care to persons sentenced to imprisonment, approved by the joint Order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572, and other regulatory legal acts;
21. Ensure the possibility of receiving substitution maintenance therapy based on a diagnosis of mental and behavioural disorders due to the use of opioids;
22. Ensure proper medical care for persons suffering from viral hepatitis C;
23. Fulfil the requirements of point 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 “On approval of Licensing conditions for carrying out economic activities for medical practice”;
24. Ensure the conduct of individual rehabilitation for persons who require it;
25. 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 low-mobility groups of the population”;
26. Ensure the proper operation of the telemedicine complex for the submission of requests by doctors for telemedicine consultation;
27. Ensure measures are taken for the proper storage of medicinal products;
28. Ensure the equipment of the isolation ward for persons with mental and behavioural disorders in accordance with the requirements;
29. Ensure the provision of proper psychiatric medical care;
30. Dismantle the metal enclosure in the isolation ward for persons with mental disorders;
31. Ensure the receipt of informed consent from patients for examination and treatment in the established form;
32. Ensure the timely and proper recording of bodily injuries in convicts;
33. Cease the practice of doctors certifying the health status of convicts and detainees upon their placement in the DIZ/CTP unit;
34. Cease the practice of using convicts as assistants in medical units and the institution;
35. Provide the medical unit with hospital property (suit, gown, and hospital slippers);
36. Ensure compliance with the established area norm per one convicted person in accordance with the requirements of Article 115 of the Penal Code of Ukraine;
37. Equip a fire protection system in accordance with established requirements.