Report on the Results of the Monitoring Visit to the Kharkiv Pre-trial Detention Centre

On 23 July 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 judgments of the European Court of Human Rights, and on the basis of Article 24 of the Criminal Executive Code of Ukraine, “Visiting Penal Institutions”, a group of monitors from the Kharkiv Human Rights Protection Group and the NGO “Protection of Prisoners of Ukraine” conducted a visit to the state institution “Kharkiv Pre-trial Detention Centre” (the SIZO, the institution, the facility).

A planned, unannounced visit was carried out, during which all areas of the institution were examined. While preparing for the visit, the monitors used materials from complaints submitted by inmates/prisoners and their relatives, as well as 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 conducted by the following monitors:

• Andrii Didenko — assistant to People's Deputy of Ukraine Yaroslav Yurchyshyn, programme coordinator of the Kharkiv Human Rights Protection Group, NPM monitor, member of the NPM coordination council, with experience in monitoring visits since 2014;
• Serhii Zuikov — assistant to People's Deputy of Ukraine Kostiantyn Kasai, member of the public council under the Ministry of Justice of Ukraine, NPM monitor, member of the NGO “Protection of Prisoners of Ukraine”, with many years of experience in monitoring visits;
• Oleh Tsvilyi — member of the public council under the Ministry of Justice of Ukraine, head of the NGO “Protection of Prisoners of Ukraine”, with extensive experience in monitoring visits, specialising in issues of torture, cruel and inhuman treatment.

During the monitoring visit, systemic violations of national legislation and international standards (CAT, Mandela Rules, European Prison Rules) were recorded, which create risks of inhuman or degrading treatment.

The following were uncovered: overcrowding of cells and failure of living space to meet minimum standards; inadequate living conditions (dampness, mould, insufficient ventilation and lighting, lack of privacy in sanitary facilities, metal shutters on windows, absence of drinking water tanks); violations of the regime of separate detention and the recording of time spent in the holding unit; excessive and non-individualised use of video surveillance; the open carrying of special equipment by staff; and staff shortages.

The labour exploitation of inmates and prisoners in the galley and bakery was documented: engaging them in work without proper registration, timekeeping, or payment, and a discrepancy between work orders and the actual work performed.

In the medical unit, breaches of confidentiality were identified, as well as the improper documentation of bodily injuries, vacancies in key positions, the absence of opioid agonist therapy (OAT), barriers to accessibility for persons with disabilities, a shortage of equipment, and violations of medication storage protocols and fire safety requirements.

The combination of these factors indicates the systemic nature of the problems, which requires structural and organisational changes, as well as bringing practices into compliance with the requirements of the Constitution and laws of Ukraine, and international human rights standards.

General Information

The institution functions as a pre-trial detention centre. It holds individuals accused of committing criminal offences for whom, by court decision, a custodial measure of restraint has been chosen.

The facility is located at the following address: 99 Poltavskyi Shliakh Street, Kharkiv, Kharkiv Oblast, 61093.

The head of the institution is the acting chief, Lieutenant Colonel of the Internal Service V.V. Kurylo.

The facility consists of a duty unit, a holding unit, a galley, cells for holding male, female, and juvenile detainees, a maximum-security sector for life-sentenced prisoners, transit cells, an economic maintenance unit, punishment cells, a medical unit, a bath and laundry complex, meeting rooms, a shop, a library, a room for receiving parcels, and administrative premises.

According to the institution's administration, the established staff strength is 535 positions. The actual number is 404 positions. The total staff shortage stands at 131 employees.

The planned capacity of the facility is 2,102 people. The actual number of persons held in the institution is 1,498. There are 297 cell units in the facility, of which 227 are in use and 70 are not. The institution employs 4 psychologists.

During 2025, 10,478 people arrived at the facility. In 2024, 12 people died, and in 2025, 5. Twenty-three people were employed under labour contracts. There are 88 people registered with HIV/AIDS. Under operational preventive surveillance, the institution held: 24 persons prone to suicide, 18 persons prone to self-harm, and 5 persons prone to escape.

During 2024–2025, no one submitted complaints regarding inadequate conditions of detention or inadequate medical care. Thirty-three people have disabilities: group II — 4 people, group III — 29 people. Prisoners have 5 tablets in their own possession.

During 2024, 1,650 cases of bodily injuries were recorded upon arrival and 41 cases during the stay at the institution; during the current year, 602 cases of bodily injuries were recorded upon arrival and 50 cases during the stay at the institution.

The monitoring group interviewed about 380 inmates and prisoners during cell visits, as well as during general conversations, providing consultations, answering questions, and conducting surveys regarding human rights violations. Additionally, individual discussions were held, including under conditions of anonymity.

Positive Experience

As part of fulfilling the terms of the Strategy for Reforming the Penitentiary System for the period until 2026, the SIZO administration is carrying out measures to improve the conditions of detention for inmates, prisoners, and staff, namely: 30 places ensuring privacy, safety, sufficient living space, and compliance with sanitary and hygienic standards have been equipped in the social and psychological service unit for prisoners assigned to economic maintenance.

The pre-release preparation classroom and the office of the head of the social and psychological service unit have been renovated.

A separate room has been equipped in the facility’s interrogation area to allow inmates to use IP telephony and access the global Internet.

Work is underway to expand the possibilities for using IP telephony; access to the global Internet has been provided in the juvenile classroom for online lessons; prisoners in the regime building also have access to the official websites of the Ministry of Justice of Ukraine.

Cells for female inmates, an enhanced-comfort cell, and premises for long-term visits for those sentenced to life imprisonment have been renovated. The organisation of communal and domestic support for persons in custody and prisoners has been improved in the institution.

The entrance to the galley area and the cooking workshop have been renovated.

A separate room has been equipped and a wood-fired oven for baking bread has been installed, allowing for operation without the use of electricity.

Renovations have been carried out in the cells of the regime buildings.

Facts Uncovered During the Visit

During the monitoring visit, violations of the requirements of national legislation and failure to adhere to international recommendations in the field of prisoner treatment were identified, leading to breaches of the rights of inmates and prisoners:

1. In the course of the monitoring visit to the institution, a number of systemic violations were recorded, including a failure to adhere to the living space standards prescribed by law for persons in custody in cell premises, as well as other violations indicating inadequate conditions of detention.

Such conditions may be regarded as inhuman or degrading treatment and could lead to the submission of new applications against Ukraine to the European Court of Human Rights on the grounds of a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Thus, in violation of Article 11 of the Law of Ukraine “On Pre-trial Detention” and Rules 13 and 21 of the Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), 21 people were held in cell No. 142, whereas, according to the measurement certificate of the facility's structural areas, it is designed to hold only 19 people (the area of the room according to the certificate is 47.7 m²).

Consequently, the actual area per inmate was only 2.27 m², which does not meet the minimum standard of 2.5 m² established for persons in custody. As a result of the overcrowding and the insufficient number of sleeping places, one of the inmates was forced to sleep on the floor.

Similar violations were found in cell premises Nos. 621, 651. In paragraph 13 of the 7th General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee), it is noted that the problem of overcrowded cells leads to unhygienic conditions, a constant lack of privacy, and an overburdening of the facility’s medical services and infrastructure. The Committee concludes that quite often the negative impact of overcrowding has resulted in inhuman or degrading conditions of detention for prisoners (CPT/Inf (97) 10).

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

2. During the visit to cell No. 223, where one person sentenced to life imprisonment was held, it was established that this room does not comply with Article 11 of the Law of Ukraine “On Pre-trial Detention”, the first paragraph of paragraph 1 of Chapter 4 of Section IX of the Internal Regulations of Pre-trial Detention Centres of the State Criminal-Executive Service of Ukraine, approved by Order of the Ministry of Justice of Ukraine No. 1769/5 of 14.06.2019 (hereinafter — SIZO Regulations), as well as Rules 13, 14, 15, 17, and 21 of the UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules).

During the inspection of cell No. 223, the monitoring group recorded significant dampness on the floor and walls, which led to substantial damage to their finish due to water seepage, resulting in an unsanitary state. Bedding was damp, and mattresses required replacement. Such a situation creates significant health risks for those held, in particular due to prolonged stay in a damp environment, the presence of mould, and an increased likelihood of developing respiratory, skin, and infectious diseases.

During the measurement of the cell's area, it was established that the distance between the walls was less than 2 m. Due to the small size and excessive barring of the window, natural light practically does not enter the room, which may create additional psychological pressure on inmates due to the lack of visual contact with the outside world.

The sanitary facility in the cell is not equipped with a proper flushing system, partitions, or doors that provide privacy, which violates the requirements of Rule 19.3 of the European Prison Rules. Contrary to the requirements of Rule 22.5 of the European Prison Rules and the Standards for Provision with Furniture, Inventory, and Household Items for Pre-trial Detention Centres, approved by Order of the Ministry of Justice of Ukraine No. 1118/5 of 27.07.2012 (hereinafter — Provision Standards), the cell is not equipped with a tank for drinking water, meaning inmates are forced to use technical water from the central supply.

3. Paragraph 59 of the 21st General Report of the Committee notes that any cell smaller than 6 m² should no longer be used for holding inmates (CPT/Inf (2011) 28). In the Report to the Government of Ukraine following the 2012 visit to Ukraine, the Committee emphasises that all single cells should have a living area of at least 6 m² (excluding the integrated toilet), and the distance between the walls of the cell should be at least 2 m (CPT/Inf (2013) 23, paragraph 45).

At the same time, the monitoring group established the use of cells Nos. 222, 225, as well as punishment cells Nos. 1, 2, 3, etc., the area of which, according to the structural area measurement certificate, is less than 6 m², which does not comply with the stated requirements. During direct measurement of these premises by the monitoring group, it was established that the distance between opposite walls in rooms Nos. 222, 223, 225, and in the punishment cells is less than 2 m.

4. In violation of Article 8 of the Law of Ukraine “On Pre-trial Detention” and Rule 17.2 of the European Prison Rules, the monitors established instances of violations of the requirements for the separate detention of inmates. For example, during a selective check, it was established that in cell No. 128 and room No. 3 for the temporary stay of persons in the holding unit, individuals who had previously served sentences in places of deprivation of liberty were being held together with a person (or persons) who were facing criminal liability for the first time.

This indicates that the institution's administration is not adhering to the requirements for ensuring proper control over the placement of inmates, does not comply with the principles of dynamic security, and leads to a violation of prisoners’ rights to personal safety, which contradicts national legislation and international standards, in particular Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

5. In accordance with paragraph 10 of Chapter 2 of Section II of the SIZO Regulations, inmates and prisoners are to be placed in the holding unit premises for a period of no more than two hours while registration documents are being processed, in compliance with isolation requirements. The time persons are placed in the holding unit and the time of their transfer to cells must be recorded in the duty log of the holding unit.

At the same time, during the visit to room No. 3 of the holding unit at 10:20, individual inmates reported that they had been placed there at 7:40, which exceeds the maximum allowable stay in the holding unit. The holding unit duty log stated that these persons were placed there only at 8:30. In order to clarify the accuracy of these entries, members of the monitoring group requested that the institution’s administration provide access to view video recordings from the surveillance cameras located in the holding unit, which could have confirmed or refuted the fact that the inmates were placed there at 8:30. However, the institution's administration did not grant this opportunity, effectively acknowledging the identified violation.

6. The monitoring group established that the medical examination of new arrivals in the doctor’s office of the holding unit is carried out under conditions that do not ensure a proper level of privacy and confidentiality, in particular in the presence of an institution staff member who was recording video using a body-worn camera.

This indicates that institution staff are obtaining confidential information regarding the health status of these individuals during medical examinations and violates the requirements of paragraph 8 of Section VII of the Procedure for the Use of Technical Supervision and Control Means in Correctional and Educational Colonies of the State Criminal-Executive Service of Ukraine, approved by Order of the Ministry of Justice of Ukraine No. 2025/5 of 26.06.2018 (registered with the Ministry of Justice of Ukraine on 02.07.2018 under No. 766/32218), which prohibits the use of video cameras and portable video recorders in premises (cells) where medical examinations (checks) of prisoners, personal strip searches, or medical unit wards are conducted.

Furthermore, this contradicts paragraph 7 of Chapter 2 of Section X of the SIZO Regulations, Article 39-1 of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” regarding the right of individuals to the confidentiality of their health status, and paragraph 9 of Section I of the “Procedure for Organising the Provision of Medical Care to Prisoners Sentenced to Deprivation of Liberty”, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine No. 1348/5/572 of 15.08.2014 (hereinafter — the Procedure).

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 uncovered in the cells. Specifically, contrary to Rule 18.1 of the European Prison Rules, in certain cells (Nos. 104, 107, 123, 125, 127, 130, 134, 135, 138, 140, 141), beds are placed close together, depriving inmates of personal space.

Sanitary facilities in some cells (Nos. 123, 128, 133, 222, 223, punishment cells, etc.) are not equipped with sufficient partitions or doors to ensure privacy, which violates Rule 19.3 of the European Prison Rules. Contrary to the requirements of Rule 22.5 of the European Prison Rules and the Provision Standards, the cells are not equipped with drinking water tanks.

The monitoring group established that certain cells are equipped with metal shutters on the windows, which significantly restrict natural light. Such practice may create additional psychological pressure on inmates due to the lack of visual contact with the outside world and contradicts Rule 14 of the UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules). Furthermore, in the Report to the Government of Ukraine following the Committee’s 2009 visit, the Committee already drew attention to the use of such structures and welcomed their removal (CPT/Inf (2011) 29, paragraph 110).

Contrary to the requirements of Article 11 of the Law of Ukraine “On Pre-trial Detention” and paragraph 2 of Chapter 3 of Section IX of the SIZO Regulations, inmates are not provided with proper living conditions that comply with sanitation and hygiene rules. Specifically, in the cells, inmates are forced to wash and dry clothes, which indicates an inadequate organisation of bath and laundry services.

Individual cells require repairs, including the replacement of sanitary equipment and electrical wiring. In the premises, there is an unpleasant odour, poor sanitation, and excessive dampness and mould on the ceilings and walls of individual cells due to water seepage; there is significant clutter with personal belongings, and bedding and mattresses require replacement.

At the same time, in the Report to the Government of Ukraine following the 2023 visit, the Committee called upon the Ukrainian authorities to take the necessary measures to improve material conditions of detention, in particular:

• reduce the occupancy of cells so that there is at least 4 m² of living space per person in custody (excluding the area occupied by in-cell toilets);
• maintain all areas where prisoners and persons in custody are located, including sanitary facilities, in a proper state of repair and hygiene;
• conduct regular and frequent disinfestation;
• ensure sufficient access to natural light and ventilation in the cells;
• fully equip internal sanitary facilities with partitions (from floor to ceiling) (CPT/Inf (2024) 20, paragraph 58).

8. Exercise yards are not equipped with sufficient shelter from atmospheric precipitation and require repair work. At the same time, the Committee notes in its Second General Report that daily time in the open air should take place in an area of sufficient size. The outdoor exercise area should be, as far as possible, equipped with shelter in case of bad weather (CPT/Inf (92) 3, paragraph 48).

9. During the visit to the dormitory for prisoners assigned to economic maintenance, it was found that name cards were placed on the prisoners' beds, providing a brief description of the crimes committed by the individuals occupying these beds. In its report following the 2020 visit to Ukraine under similar circumstances, the Committee noted that such a practice should be stopped as it serves no reasonable purpose and, in addition to stigmatisation, has the effect of damaging relationships between prisoners and prison staff (CPT/Inf (2020) 40, paragraph 52).

10. The premises of the unit for prisoners assigned to economic maintenance do not fully meet the requirements of the Provision Standards. In particular, the following rooms are missing: a room for storing food products; rooms for storing the exchange fund of bedding, clothing, and workwear; a storage room for the temporary storage of dirty bedding, clothing, and workwear; a changing room; and a drying room.

The absence of necessary premises leads to a violation of sanitary and hygienic standards. Thus, the improper organisation of personal item storage complicates the maintenance of cleanliness and order in the premises where prisoners are held, which worsens the overall sanitary situation in the institution. In addition, there is no room in the unit for performing religious rites, which contradicts paragraph 3 of Chapter 5 of Section VIII of the SIZO Regulations and the Provision Standards.

11. The institution's administration has not fully ensured the prisoners' right to Internet access, and the procedure for granting such access only partially complies with established requirements. In particular, in the territory of the Social and Psychological Service unit for prisoners assigned to economic maintenance, there are no conditions for exercising the right to Internet access, provided for by Part 7 of Article 110 of the Criminal Executive Code of Ukraine, via the use of tablets. The Wi-Fi access point in the unit’s territory is not working.

12. In violation of the requirements of paragraph 14 of Section V of the Regulation on the Organisation of Food Supply in the State Criminal-Executive Service of Ukraine during Peacetime, approved by Order of the Ministry of Justice of Ukraine No. 2160/5 of 15.06.2021 (hereinafter — Food Supply Regulation), food for inmates and prisoners is delivered from the institution's canteen in buckets, rather than in marked thermal containers.

13. The monitoring group identified a number of violations in the organisation of bath and laundry services for prisoners and inmates. In violation of the requirements of paragraph 2.11 of Section II of the Regulation on the Organisation of Bath and Laundry Services for Persons Held in Penal Institutions and Pre-trial Detention Centres, approved by Order of the Ministry of Justice of Ukraine No. 849/5 of 08.06.2021 (hereinafter — Regulation), the forced supply-and-exhaust ventilation system in the shower room of the holding unit is not working.

Contrary to the requirements of paragraph 3.11 of Section III of the Regulation, the changing (undressing) room for conducting bodily inspections and providing medical assistance to prisoners (persons in custody) in regime building No. 6 is not equipped with a station (corner) for the medical unit assistant, which should be provided with a table and a chair. Supervision of compliance with the rules during the bathing of prisoners and inmates, as well as control over cleaning, disinfection of premises, and medical examinations, as provided for by paragraphs 3.10 and 3.11 of the Regulation, is not effectively ensured by the duty medical staff.

In violation of the requirements of Appendix 8 of the Regulation, there is no Register of Disinfection (disinfestation) of clothing and bedding in the institution’s disinfection chambers. In violation of the requirements of Rule 19.3 of the European Prison Rules, the right to privacy in the bath facility is not respected due to the lack of curtains on the shower partitions.

Cell No. 421, which is used for holding female inmates (prisoners), is not equipped in accordance with the Provision Standards; specifically, it is not fitted with a shower tray with a shower head on a flexible hose, due to which proper conditions for maintaining personal hygiene for female inmates (prisoners) are not ensured.

13. Paragraph 4 of Chapter 2 of Section III of the SIZO Regulations specifies that in order to prevent escapes and the commission of criminal offences, violations of the procedure for detention and service of sentences established by law, as well as to ensure the safety of inmates, prisoners, SIZO staff, and other persons present on SIZO territory, audiovisual, electronic, and other technical means are applied.

Thus, during the inspection of cell premises for female inmates (prisoners) in regime building No. 4, installed video surveillance cameras were recorded. At the same time, in its 2012 report, the Committee criticised the excessive intrusion into privacy through the installation of video cameras in prisoners’ living quarters: “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 at risk of self-harm or suicide, or if there are specific suspicions that a prisoner is committing certain acts in the cell that could jeopardise security.

However, any decision to apply video surveillance to a specific prisoner should always be based on an individual assessment of actual risks and should be frequently reviewed on a regular basis. Video surveillance is a serious intrusion into the private life of prisoners and makes the regime even more repressive, especially when applied over a long period of time” (CPT/Inf (2013) 23, paragraph 52).

15. During the visit, the monitoring group recorded that institution staff who have direct contact with prisoners openly carry special equipment, including rubber batons. At the same time, according to the eighth paragraph of paragraph 8 of Chapter 1 of Section V of the SIZO Regulations, the carrying of special equipment by SIZO staff within the guarded territory of the SIZO should be, if possible, as hidden from others as possible.

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

16. According to service documentation, the staff shortage in the institution as of 23 July 2025 amounts to 31 positions. At the same time, in the Report to the Government of Ukraine following the 2023 visit, the Committee emphasises that ensuring a positive climate in a penitentiary institution requires the presence of a professional team of staff who must be present in sufficient numbers at any given moment in places of detention.

An insufficient number of staff can only increase the risk of violence and intimidation between prisoners. The shortage of staff on the front line also undermines the quality and level of measures offered to prisoners and jeopardises the prospect of preparation for release and social rehabilitation.

In this regard, the Committee calls upon the Ukrainian authorities to take decisive measures for a substantial increase in the number of staff in Ukraine’s penitentiary institutions where low staffing levels are observed, with the aim of strengthening the presence of security and supervision service staff within the institutions. It is also necessary to take measures to put an end to 24-hour shifts for staff on duty (CPT/Inf (2024) 20, paragraph 93).

17. During the monitoring visit, a systemic practice of engaging inmates and remand prisoners in work in the galley and during food distribution without the formalisation of labour relations and without payment was established. In cells Nos. 303 and 304, at least six remand prisoners (G., L., R., K., A., T.) were recorded as actually performing work in the galley and during food distribution.

None of them appear on work rosters or payroll records, nor do they have formal labour contracts, medical cards, or clearances. This is a direct violation of Article 11 of the Law of Ukraine “On Pre-trial Detention” and Article 43 of the Constitution of Ukraine.

Separately, cases were documented where inmates performed work without staff supervision, in particular, cleaning the territory and opening/closing gates for transport. Such actions occurred without any permits from judicial or investigative authorities, which is classified as forced labour.

According to work rosters and lists of persons engaged in work, only certain prisoners were officially involved in galley work — D. (baker), L. (cook), G., F., H. (kitchen assistants). At the same time, actual data shows that at least seven people work in the galley, while the roster lists only one — D. Within the framework of conversations with prisoners, it was established that H. works from 05:00 to 18:00, which exceeds the standard working day and indicates overtime work without timekeeping or additional payment.

A similar situation was recorded in the bakery: according to documents, only prisoner F. is listed on the roster, but in reality, three people were working — P., T., and F. This is confirmed by the “List of Prisoners”, as well as the presence of their surnames in the payroll records. Such a discrepancy indicates a lack of transparency in record-keeping and creates risks of manipulation with wages.

Payroll records show accrued amounts at the level of 8,000 UAH per month, from which standard deductions are made (social contributions, taxes, executive writs). In reality, after all deductions, most prisoners are left with about 1,000–1,100 UAH. Although this formally complies with the requirement of Article 118 of the Criminal Executive Code of Ukraine (leaving at least 25% of earnings), however:

• there is no evidence of actual recording of hours worked (no timesheets or vouchers);
• work is full-time or overtime in nature, which is not reflected in the records;
• the records are missing some individuals who actually work in the galley (G., L., R., K., A., T., H.), which means complete disregard for their labour and payments.

Thus, wage accounting is selective and does not correspond to the actual amount of work performed by prisoners and inmates. Such a practice is a systemic violation of Article 43 of the Constitution of Ukraine, which guarantees the right to work and prohibits forced labour, and also contradicts Article 11 of the Law of Ukraine “On Pre-trial Detention”, which prohibits the engagement of persons in custody in work without their consent and proper formalisation.

Furthermore, such actions contradict ILO Convention No. 29 on Forced Labour, which guarantees the prohibition of forced unpaid labour, the European Prison Rules (Rule 26.7), and the Mandela Rules, which oblige the provision of payment and social guarantees at a level as close as possible to normal conditions.

Thus, the institution’s administration systematically engages both inmates and prisoners in work in the galley and in the bakery without proper formalisation, timekeeping, or social guarantees. Remand prisoners work completely outside the legal framework, without any payment.

Prisoners are formally included in the records, but in reality, perform overtime work without extra pay, and a portion of those working are not reflected in the rosters at all. The accrual of wages is symbolic and selective, which creates risks of labour exploitation and grossly violates the right to work, social protection guarantees, and the prohibition of forced labour provided for by the Constitution of Ukraine, the Criminal Executive Code, and international treaties.

Kharkiv City Medical Unit No. 27 of the Branch of the State Institution “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in Kharkiv and Luhansk Oblasts

The head of the Kharkiv City Medical Unit No. 27 of the Branch of the SI “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in Kharkiv and Luhansk Oblasts is Tetiana Vitaliivna Solodka.

As of 01.07.2025, the staff of the medical unit had the following vacant positions:

• Radiologist — 1.5 posts;
• General practitioner — family doctor — 1.5 posts;
• Therapist — 1 post;
• Narcologist — 0.5 posts;
• Ultrasound diagnostics physician — 0.5 posts;
• Traumatologist — 0.5 posts;
• Ophthalmologist — 0.5 posts;
• Clinical psychologist — 0.25 posts.

In the course of the monitoring visit, violations of the requirements of national legislation and failure to adhere to international recommendations in the field of prisoner treatment were identified, leading to breaches of the rights of prisoners:

1. During the study of medical documentation, it was established that in the outpatient patient medical cards (Form No. 025/o) and primary accounting document (Form No. 511/o “Certificate on the Documentation of Bodily Injuries”), approved by Order of the Ministry of Health of Ukraine No. 186 of 02.02.2024, photographs of existing bodily injuries are not included, as provided for by paragraph 2.11 of 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 in Custody, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine No. 239/5/104 of 10.02.2012 (hereinafter — Procedure for Interaction of Healthcare Institutions).

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

2. In violation of the requirements of paragraph 2.11 of Section II of the Procedure for Interaction of Healthcare Institutions and the Instructions for filling out primary accounting document (Form No. 511/o “Certificate on the Documentation of Bodily Injuries”), medical staff do not draw up certificates properly. In particular, in most cases, point 8 of the form, which provides for specifying the circumstances of sustaining bodily injuries, is filled out formally, without specifics, for example: “through one's own carelessness”. This does not allow for identifying the actual circumstances of the event.

The lack of full documentation of the circumstances of injury and the improper documentation of bodily injuries does not comply with paragraph 60 of the Committee’s recommendations (CPT/Inf (93) 12-part), where it is stated that medical services in places of deprivation of liberty can contribute to preventing violence against persons held in custody by systematically registering bodily injuries, and, if necessary, by informing the relevant authorities.

3. During the visit to the holding unit, it was established that medical staff have a systematic practice of conducting medical examinations of new arrivals in the presence of non-medical staff, namely employees of the institution. This violates the requirements of Article 39-1 of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” regarding the right of individuals to the confidentiality of their health status, as well as paragraph 2.4 of Section II of the Procedure for Interaction of Healthcare Institutions.

At the same time, the Committee criticises excessive security measures and considers such practices unacceptable, as they infringe upon the dignity of inmates, hinder the development of proper relationships between medical staff and the patient, and may interfere with the establishment of an objective medical conclusion (Committee Report following the 2012 visit to Ukraine, paragraph 50, CPT/Inf (2013) 23).

4. According to paragraphs 2 and 3 of Chapter III of Section II of the “Procedure for Organising the Provision of Medical Care to Prisoners Sentenced to Deprivation of Liberty”, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine No. 1348/5/572 of 15.08.2014, a therapist (or general practitioner — family doctor), psychiatrist, and dentist must participate in the preventive medical examination.

At the same time, the position of therapist remains vacant in the medical unit, which indicates that primary and preventive medical examinations are incomplete. As a result, prisoners and inmates do not receive proper medical care. This violates paragraph 38 of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf (93) 12-part), which emphasises that medical services in places of deprivation of liberty must provide treatment and medical care at the same level as in civilian institutions, with sufficient medical, auxiliary, and technical staff, as well as appropriate premises, equipment, and facilities.

5. The monitoring group established that when an inmate is placed in a punishment cell, a medical certificate indicating their health status and a conclusion on the possibility of staying in punishment cell conditions is systematically attached to the file. This shows that institution staff gain access to confidential information about the health status of inmates, which violates Article 39-1 of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare”.

At the same time, the Committee has repeatedly emphasised that the obligation of prison doctors to confirm the fitness of prisoners to serve a disciplinary penalty undermines trust between the doctor and the patient. In principle, medical staff should not participate in any part of the decision-making process regarding the application of solitary confinement, except in cases where it is applied for medical reasons.

Medical staff are obliged to be informed about each placement in solitary confinement, visit the prisoner immediately after placement and daily thereafter, and provide necessary medical care. In the event that a prisoner’s health is at serious risk due to solitary confinement, medical staff must inform the institution’s administration (CPT/Inf (2024) 20, paragraph 104). Furthermore, this contradicts paragraph 42.3a of the European Prison Rules.

6. The monitoring group established that the psychiatrist conducts psychiatric examinations of patients without proper formalisation of written informed consent. Specifically, contrary to the requirements of the Instructions for filling out primary accounting document (Form No. 003-7/o “Informed Consent of a Person to Psychiatric Examination”), approved by Order of the Ministry of Health of Ukraine No. 970 of 15.09.2016, it was established that in medical documentation (in particular, in the outpatient medical card Form No. 025/o and inpatient medical card Form No. 003/o), there is no informed consent to psychiatric examination signed by the patient.

7. In violation of paragraph 9 of the Rules for Applying Physical Restraint and (or) Isolation when providing psychiatric assistance to persons suffering from mental disorders, approved by Order of the Ministry of Health of Ukraine No. 240 of 24.03.2016, registered with the Ministry of Justice of Ukraine on 15.04.2016 under No. 570/28700, as well as paragraph 8.3.4 of the State Building Norms of Ukraine V.2.2-10:2022 “Healthcare Institutions”, the isolation ward for persons with mental disorders does not meet the established requirements.

The premises are designed for the stay of more than one person (2 people), which contradicts the principles of isolation. Furniture has sharp corners, which poses a potential danger to patients. The sanitary facility is not equipped with a door, making privacy impossible. There is no tank with boiled drinking water. A darkened (frosted) window does not ensure a sufficient level of natural light.

In its report following the 2020 visit to Ukraine, the Committee already drew attention to this and recommended taking measures to review the window design in the cells to allow inmates to see what is outside the cell (CPT/Inf (2020) 40, paragraph 48).

8. In the medical unit, the provision of opioid agonist therapy (OAT) for persons with mental and behavioural disorders resulting from opioid use has not been organised in accordance with the Procedure for Conducting Opioid Agonist Therapy for Persons with Mental and Behavioural Disorders Resulting from Opioid Use, approved by Order of the Ministry of Health of Ukraine No. 200 of 27.03.2012.

Drug-dependent individuals are not provided with social and psychological support, cognitive behavioural therapy (CBT), relapse prevention, motivational interviewing, mutual aid groups, etc. As a result, such individuals are deprived of the opportunity to receive OAT, which violates their right to choose methods of treatment in accordance with Article 38 of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare”.

At the same time, in the report following the 2023 visit to Ukraine, the Committee notes that entry into a penitentiary institution is an opportunity to solve the problem associated with drugs, and therefore it is important that relevant assistance be offered to all interested individuals.

Assistance should be diverse; substitution therapy programmes should be combined with genuine psychosocial and educational programmes for individuals with opioid dependence who cannot stop using drugs. Furthermore, access to OAT programmes in institutions should be easily accessible, and they should be managed by prison doctors who have undergone special training on issues related to drug use (CPT/Inf (2024) 20, paragraph 86).

9. Dispensary surveillance is carried out for 33 people with disabilities. Of these: group I — 0 people; group II — 4 people; group III — 29 people. At the same time, in violation of the requirements of the Law of Ukraine “On the Rehabilitation of Persons with Disabilities in Ukraine”, these individuals do not receive proper diagnostic, treatment, and rehabilitation measures, despite the presence of information confirming a persistent impairment of bodily functions resulting from diseases or consequences of injuries that cause limitations in normal life activities.

Thus, during a selective check of prisoners' medical documentation, it was established that for one person with a disability, the individual rehabilitation programme (IRP) is missing. Furthermore, the IRP recommendations are not being fulfilled, as a result of which this person does not receive proper diagnostic, treatment, and rehabilitation measures, despite established medical indications.

10. 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.

11. In violation of paragraph 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 of 2 March 2016 “On Approval of Licensing Conditions for Conducting Economic Activity in Medical Practice”, there is no expert opinion in the medical unit confirming free access to the buildings and premises of the medical facility for persons with limited mobility, the receipt of which is mandatory.

12. In violation of the requirements of the Standards of Medical Care for HCV in adults, approved by Order of the Ministry of Health of Ukraine No. 51 of 15.01.2021, not all individuals with suspected hepatitis C undergo PCR testing, due to which they do not receive necessary treatment, which may lead to the deterioration of their health and the spread of this infectious disease among prisoners.

13. In violation of the requirements of paragraph 1 of Section II of the Standard of Infection Control for Healthcare Institutions Providing Care to Tuberculosis Patients, approved by Order of the Ministry of Health of Ukraine No. 287 of 01.02.2019, the requirements for isolating tuberculosis patients are not followed in the medical unit: the ward is used for more than one or two people (1 ward-cell for 5 bed spaces); the door to the ward is not equipped with a sealed threshold or edge seals; there is no mechanical exhaust ventilation system.

14. In violation of the Procedure for Organising Medical Care at the primary, secondary (specialised), and tertiary (highly specialised) levels using telemedicine, approved by Order of the Ministry of Health of Ukraine No. 681 of 19.10.2015, the medical unit staff are deprived of the possibility to make requests for telemedicine consultations and receive consultations for providing medical care to inmates and prisoners due to technical reasons.

15. In violation of the requirements of the Equipment Table for a dental workstation and a dental technician, approved by Order of the Ministry of Health of Ukraine No. 158 of 11.04.2005, there is no dental X-ray machine in the medical unit, which makes it impossible to conduct in-depth dental examinations of prisoners and does not ensure the timely provision of proper dental care.

16. In violation of the requirements of Order of the Ministry of Health of Ukraine No. 584 of 16.12.2003 “On Approval of Rules for Storing and Conducting Quality Control of Medicinal Products in Treatment and Preventive Institutions”, medicinal products are stored without taking into account the temperature regimes specified by manufacturers. Thus, in the medicine storage room, a medicinal product “Ascorbic Acid” was recorded, the storage conditions for which cannot exceed a temperature higher than +8°C.

17. In violation of the Fire Safety Rules in Ukraine, approved by the Ministry of Internal Affairs of Ukraine No. 1417 of 30.12.2014, the medical unit premises are not equipped with fire extinguishing and fire alarm systems.

Recommendations:

1. Ensure compliance with living space standards for persons in custody and prisoners, in accordance with the requirements of national legislation and international standards.

2. Bring the conditions in the cells into compliance with sanitary and hygienic requirements, in particular by eliminating dampness, mould, restoring ventilation and lighting, and carrying out repairs of sanitary facilities and replacing worn-out inventory.

3. Guarantee proper access to drinking water, and equip cells with tanks for storing and using drinking water.

4. Ensure the privacy of inmates when using sanitary facilities, showers, and during medical examinations, by making the presence of non-medical staff and the use of video recording under these conditions impossible.

5. Stop the practice of placing individuals who have previously served sentences together with those facing criminal liability for the first time, in full compliance with the requirements for separate detention.

6. Ensure the recording of time spent in the holding unit in accordance with legal requirements, by creating a transparent system of control and access to video surveillance records.

7. Improve the organisation of material and living conditions: ensure the proper functioning of bath and laundry services, repair of exercise yards, and the creation of conditions for storing personal belongings and household items.

8. Ensure the right to respect for private life by removing metal shutters on windows, properly placing beds in cells, and fitting internal sanitary facilities with partitions from floor to ceiling.

9. Regulate the order of using technical surveillance means, making their application in living and medical premises impossible without an individual risk assessment.

10. Ensure proper staff levels to guarantee safety, compliance with prisoners' rights, and proper organisation of the regime.

11. Stop the practice of openly carrying special equipment in the presence of prisoners and inmates to avoid psychological pressure and ensure proper communication between staff and prisoners.

12. Ensure the right to work and social protection: conclude labour contracts with all prisoners and inmates engaged in work, in accordance with the Labour Code and the Criminal Executive Code of Ukraine; maintain proper records of working hours (timesheets, vouchers, rosters); carry out full payment for labour with all social deductions; stop engaging persons in custody in forced unpaid labour.

13. Bring the organisation of food supply into compliance with established requirements, in particular the delivery of food in marked thermal containers, rather than in buckets.

14. Stop the practice of publicly displaying information about prisoners' crimes, which is a form of stigmatisation and violates their right to respect for private life.

15. Ensure the exercise of prisoners' right to Internet access within the limits defined by the Criminal Executive Code of Ukraine, including through the operation of Wi-Fi points in the units.

16. Take measures aimed at eliminating identified human rights violations and preventing torture and other cruel, inhuman, or degrading treatment and punishment in the Kharkiv City Medical Unit No. 27 of the Branch of the SI “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in Kharkiv and Luhansk Oblasts.

17. Ensure control over the proper keeping of medical documentation in accordance with the Procedure for Interaction of Healthcare Institutions of the SCES of Ukraine with Healthcare Institutions regarding the Provision of Medical Care to Persons in Custody, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine No. 239/5/104 of 10.02.2012, the Procedure for Organising the Provision of Medical Care to Prisoners Sentenced to Deprivation of Liberty, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine No. 1348/5/572 of 15.08.2014, and other regulatory legal acts.

18. Staff the medical facility with specialist doctors in accordance with needs.

19. Ensure timely and proper documentation of bodily injuries in prisoners and inmates.

20. Ensure that medical examinations of new arrivals are conducted without the presence of non-medical staff in order to uphold the right to medical confidentiality, preserve the dignity of inmates, and prevent interference with the independence of medical conclusions.

21. Ensure the possibility of receiving opioid agonist therapy on the basis of a diagnosis of mental and behavioural disorders resulting from opioid use.

22. Provide all individuals with suspected HCV access to PCR testing as soon as possible and organise necessary antiviral treatment for individuals with a confirmed diagnosis.

23. Fulfill the requirements of paragraph 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 of 2 March 2016 “On Approval of Licensing Conditions for Conducting Economic Activity in Medical Practice”.

24. Ensure the conduct of individual rehabilitation for persons in need thereof.

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 persons with limited mobility”.

26. Ensure the proper operation of the telemedicine complex for doctors to make requests for telemedicine consultations.

27. Equip the isolation ward for persons with mental and behavioural disorders in accordance with requirements.

28. Ensure measures for the proper storage of medicinal products.

29. Ensure the receipt of patients' informed consent for examinations and treatment in the established form.

30. Ensure compliance with infection control measures in the medical unit.

31. Provide the medical unit with necessary diagnostic equipment, including a dental X-ray machine.

32. Equip the fire safety system in accordance with established requirements.