Report on the results of a monitoring visit to the Sumy Pre-trial Detention Centre
On 25 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 rulings of the European Court of Human Rights, and pursuant to Article 24 of the Criminal-Executive Code of Ukraine ‘Visiting correctional institutions’, a group of monitors from the Kharkiv Human Rights Protection Group and the NGO ‘Protection of Prisoners of Ukraine’ conducted a scheduled visit to the state institution ‘Sumy Pre-trial Detention Centre’ (PTDC, the institution, the facility).
The previous visit took place on 10 July 2024.
The visit was carried out as a planned, unannounced inspection, during which all facilities of the institution were examined.
In preparation for the visit, the monitors reviewed materials from complaints submitted by prisoners and convicts, their relatives, and the report of the monitors of the National Preventive Mechanism (NPM) under the Ukrainian Parliament Commissioner for Human Rights.
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:
- Andriy 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;
- Serhiy Zuikov — assistant to People's Deputy of Ukraine Kostyantyn Kasai, member of the Public Council under the Ministry of Justice of Ukraine, NPM monitor, member of the non-governmental organisation ‘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 non-governmental organisation ‘Protection of Prisoners of Ukraine’, with extensive experience in monitoring visits, specialising in issues of torture and cruel, inhuman or degrading treatment.
During the monitoring visit, violations of national legislation and international standards in the field of the treatment of prisoners and convicts were identified. In particular, certain cell-type premises do not meet the minimum standards for floor space and lighting; facts of cell overcrowding, the lack of sanitary partitions and privacy, inadequate ventilation, and unsanitary conditions were recorded.
Violations of the principle of separate detention were identified, as well as the exceeding of time limits for stay in the reception unit, deficiencies in the furnishing of premises, and improper organisation of living and hygienic conditions.
Particular concern is raised by cases where there are no copies of decisions on disciplinary sanctions, restrictions on access to open visits, the overt carrying of special equipment by staff, and personnel shortages, which create risks of violence and safety breaches.
Violations of labour and social rights were also documented. Convicts work under fixed-term contracts with low wages, which often do not correspond to the level of the minimum wage, without confirmation of the payment of the Single Social Contribution (SSC), and without sick leave or holiday pay. Prisoners (52 persons as of the day of the visit) were engaged in paid work in production workshops without written consent and proper permits from investigators or the court, and without the recording of working hours or social security guarantees.
The institution's medical service functions with significant deficiencies: limited scope of inpatient care, the absence of conditions for the isolation of infectious patients, insufficient testing, and a lack of modern equipment. The combination of these factors points to systemic problems that lead to human rights violations and require urgent measures by the institution's administration and governing bodies.
General information
The institution functions as a pre-trial detention centre. The facility holds persons accused of committing criminal offences for whom a preventive measure in the form of detention in custody has been chosen by a court decision.
The facility is located at: 19 Hayovyi Proizd, Sumy, Sumy region, 42343.
The head of the institution is Ihor Serhiyovych Yakovlev.
The Sumy Pre-trial Detention Centre was established in the Soviet period as an institution for the detention of persons for whom a preventive measure of arrest had been selected, as well as for the execution of sentences involving short-term imprisonment; it is subordinate to the State Penitentiary Service of Ukraine.
The institution performs a dual function: pre-trial detention and the holding of convicts assigned to maintenance work. Like most such facilities, the Sumy PTDC has outdated infrastructure dating back to the Soviet era.
The facility consists of a duty unit, a reception unit, a catering block, cells for male, female, and juvenile detainees, a maximum-security sector for those sentenced to life imprisonment, transit cells, a maintenance sector, punishment cells, a medical unit, a bath and laundry complex, meeting rooms, a shop, a library, a parcel reception room, and administrative premises.
According to the institution's administration, the authorised staff number is 168 positions. The actual number is 146 persons. The total personnel shortfall is 22 employees. The planned capacity of the facility is 492 persons. The actual number of persons held in the institution is 380.
There are 72 cell-type premises in the facility, of which 63 are in use and 8 are under renovation. There is 1 psychologist working at the institution.
Throughout 2025, 2,584 people arrived at the facility. In 2024, 1 person died, and in 2025, 3 persons died. 71 people have been employed, of whom 17 are convicts and 54 are detainees. There are 19 persons registered with HIV/AIDS. Operational and preventive registration included: suicide-prone — 1 person, prone to self-harm — 1 person, malicious offenders of the detention regime — 12 persons.
During 2024–2025, no one filed complaints regarding inappropriate detention conditions or inadequate medical care. Four persons have a Group III disability. In their personal possession, convicts have 16 tablets; 15 persons are in isolation (rejected in general).
Throughout 2024, 29 cases of bodily injuries were recorded: 3 upon arrival and 26 during the stay in the institution; during the current year, 10 cases of bodily injuries were recorded while in the institution.
The monitoring group interviewed approximately 180 persons from among the detainees and convicts during the inspection of cells, as well as conducting general conversations, providing consultations, answering questions, and surveying on the subject of human rights violations. Furthermore, individual interviews were held with convicts, including those on an anonymous basis.
The administration of the institution reacts adequately to complaints from prisoners and convicts regarding the actions or inactions of officials. Furthermore, the administration does not conceal cases of human rights violations, which can be considered signs of openness, transparency, and proper response.
Preliminary observations and rectified violations
In the previous report of 10 July 2024, attention was drawn to the need to improve detention conditions and medical support, and some of these issues are gradually being addressed by the administration. At the same time, there remain areas that require further improvement.
In particular, it is recommended to phase out cells with an area of less than 6 m² or change their purpose, to comply with minimum space standards per person, to ensure the arrangement of sanitary facilities with respect for privacy, and to improve ventilation, lighting, and the sanitary condition of the premises.
It is also important to gradually establish clear labour relations with the observance of social guarantees, to strengthen the staffing and material base of the medical unit, and to ensure access to modern treatment methods.
These measures will contribute to improving living conditions and ensuring the rights of persons held in the institution.
Positive experience
In the state institution ‘Sumy Pre-trial Detention Centre’, in order to improve the conditions for the detention of prisoners and convicts, repair work was carried out in 2025: in the cells of the security blocks, the transit-transfer cell, the cell for holding persons subject to extradition, as well as in the psycho-emotional relaxation room, the socio-psychological service unit, and the study room (internet class).
Violations of national and international legislation identified
During the monitoring visit, violations of national legislation requirements and non-compliance with international recommendations in the field of the treatment of prisoners were identified, which leads to the violation of the rights of detainees and convicted persons:
1. The equipment of certain cell-type premises in the institution does not meet the standards for the treatment of prisoners and the conditions of their detention in accordance with requirements. In paragraph 59 of the 21st General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee), it is stated that any cell with an area of less than 6 m² should no longer be used for the detention of prisoners (CPT/Inf (2011) 28).
In the report to the Government of Ukraine following the 2012 visit to Ukraine, the Committee emphasised that any single cells should have a living area of at least 6 m² (excluding the built-in toilet), and the distance between walls should be at least 2 metres (paragraph 45, CPT/Inf (2013) 23).
At the same time, the monitoring group identified punishment cells nos. 10, 12, 14, and 15, which do not meet the specified requirements. Specifically, the area of each room is only 5 m², and the distance between the walls is less than 2 metres. The rooms do not have an adequate level of natural light.
Contrary to the requirements of Rule 22.5 of the European Prison Rules and the Standards for the provision of furniture, inventory, and household items for pre-trial detention centres, approved by the order of the Ministry of Justice of Ukraine dated 27 July 2012 No. 1118/5 (hereinafter — the Provision Standards), the premises are not equipped with drinking water tanks, forcing prisoners to consume technical water from the central supply.
Sanitary facilities are not equipped with doors or sufficient partitions that would ensure the possibility of privacy, which is a violation of Rule 19.3 of the European Prison Rules. The radio network in the punishment cells is not functional, which contradicts the requirements of paragraph 2, Chapter 3, Section VIII of the Internal Regulations of Pre-trial Detention Centres of the State Penitentiary Service of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated 14 June 2019 No. 1769/5 (hereinafter — the PTDC Regulations), and paragraph 63 of the UN Standard Minimum Rules for the Treatment of Prisoners.
A similar violation was established in cell-type premise no. 48. Such conditions do not meet paragraphs 13, 14, 15, and 22.2 of the UN Standard Minimum Rules for the Treatment of Prisoners and testify to a violation of the rights of prisoners to humane treatment and respect for their human dignity, as provided for in Part 3 of Article 1 of the Law of Ukraine ‘On Pre-trial Detention’.
2. In violation of Part 2 of Article 11 of the Law of Ukraine ‘On Pre-trial Detention’ and paragraph 13 of the Standard Minimum Rules for the Treatment of Prisoners, the area per person detained in custody in some cell-type premises is less than 2.5 m². Thus, during a selective inspection, it was established that in cell-type premise no. 68, where 7 male detainees were being held, the area of the cell according to the living area measurement act is 14.5 m².
Thus, the actual area per person was 2.07 m². In paragraph 13 of the 7th General Report of the Committee, it is noted that the problem of overcrowded cell-type premises leads to unhygienic conditions, a constant lack of privacy, and the overloading of medical services and the institution's infrastructure, and it is concluded that quite often the negative impact of overcrowding resulted in inhuman or degrading conditions of detention for prisoners (CPT/Inf (97) 10).
3. In violation of paragraph 1, Chapter 2, Section III of the PTDC Regulations, it was established that in a number of cell-type premises, the actual number of sleeping places exceeds the permissible number for ensuring the legally stipulated standard of space per person.
Thus, during a selective inspection in cell-type premises nos. 43 and 47, which, according to the living area measurement act, are designed for 15 places based on the standard of 2.5 m² per person, 18 beds are placed in each room. A similar violation was found in cell-type premises nos. 48, 67, and 68. This creates conditions for possible abuses by the institution's administration and staff in the context of compliance with the living space standard per person and does not ensure adequate personal space for those detained.
4. In violation of Article 8 of the Law of Ukraine ‘On Pre-trial Detention’ and paragraph 17.2 of the European Prison Rules, the monitors established instances of non-compliance with the requirements for the separate detention of prisoners.
Thus, during a selective inspection, it was established that in cell-type premises nos. 2 and 3, persons who had previously served sentences in places of deprivation of liberty were held together with persons being held criminally liable for the first time. This indicates a systemic failure by the institution's administration to comply with requirements for ensuring proper control over the placement of prisoners, does not correspond to the principles of dynamic security, and leads to a violation of the rights of prisoners 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 the requirements of paragraph 10, Chapter 2, Section II of the PTDC Regulations, for the period of processing registration documents, detainees and convicts are placed in the reception unit premises for a period of no more than two hours, in compliance with isolation requirements. The time of placement of persons in the reception unit premises and the time of their transfer to cells must be recorded in the duty log of the reception unit.
At the same time, during the inspection of entries in the duty log of the reception unit, cases were established where detainees were held in the reception unit on 11 July 2025, 14 July 2025, and 15 July 2025 for more than two hours, and sometimes more than three hours (in particular, on 14 July 2025 from 08:00 to 11:15).
6. During the visit to the reception unit premises, it was established that their equipment does not fully meet the requirements of the Provision Standards. Thus, in the reception unit, the following rooms are missing: the room of the regime and security department; the document processing room; the storage room for the exchange fund of bedding and clothing; the pantry for the temporary storage of dirty bedding and clothing; a barbershop; a quarantine cell; cells for the sick (isolation cell).
Due to the lack of a separate equipped doctor's office in the reception unit, the medical examination of new arrivals is carried out in the photo-dactyloscopist's room, i.e., in conditions that do not ensure privacy and confidentiality. This, in turn, leads to the disclosure of confidential information about the state of health of detainees and convicts to institution staff and other persons during the examination.
The aforementioned violates the requirements of paragraph 7, Chapter 2, Section X of the PTDC Regulations, Article 39-1 of the Law of Ukraine ‘Fundamentals of the Legislation of Ukraine on Health Care’ regarding the right of persons to secrecy about their state of health, and paragraph 9, Section I 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 August 2014 No. 1348/5/572 (hereinafter — the Procedure).
At the same time, the absence of a quarantine cell and a cell for the sick (isolation cell) in the reception unit of the PTDC creates conditions for the spread of infectious diseases among new arrivals, increases the risk of epidemiological outbreaks, and complicates the timely detection and isolation of the sick, which can pose a threat both to those held and to the institution's staff.
The sanitary facilities in cell-type premises nos. 2 and 3 are not equipped with doors or sufficient partitions that would ensure the possibility of privacy, which violates the requirement of Rule 19.3 of the European Prison Rules. Due to the small size of the window and excessive barred covers, there is an inadequate level of natural light in the room. There is no supply and exhaust ventilation. The sanitary condition is unsatisfactory, and some of the premises require renovation.
In the report to 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, the need to maintain all places of accommodation for convicts and persons detained in custody, including sanitary facilities, in a proper state of repair and hygiene was emphasised; to ensure regular and frequent disinsection; to provide sufficient access to natural light and ventilation in the cells; and to fully equip internal sanitary facilities with floor-to-ceiling partitions (CPT/Inf (2024) 20, paragraph 58).
7. During the visit to the disciplinary isolation unit (DIU), it was established that for convict S., who had been serving a disciplinary sanction (six days) since 21 July 2025, the institution's administration had not issued a copy of the decision on the application of the sanction, specifying the possibility and procedure for its appeal, which contradicts Article 135 of the Criminal-Executive Code of Ukraine.
At the same time, in the report to the Government of Ukraine following the 2023 visit, the Committee recommends taking measures in penal institutions of Ukraine to ensure that convicts to whom a disciplinary sanction is applied systematically receive a copy of the relevant decision. In addition, convicts should be informed about their right to access a lawyer in the context of disciplinary proceedings (CPT/Inf (2024) 20, paragraph 103).
8. In the cell-type premises, violations of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to respect for private life, were identified. In particular, contrary to Rule 18.1 of the European Prison Rules, in some cells, beds are located directly next to each other, which deprives prisoners of personal space. Sanitary facilities in some cells (nos. 43, 48, 68, etc.) are not equipped with sufficient partitions and/or doors that provide the possibility of privacy, which violates Rule 19.3 of the European Prison Rules.
Contrary to the requirements of Article 11 of the Law of Ukraine ‘On Pre-trial Detention’ and paragraph 2, Chapter 3, Section IX of the PTDC Regulations, prisoners are not provided with proper living and household conditions that comply with sanitation and hygiene rules. In the cells, prisoners are forced to wash and dry clothes, which indicates the improper organisation of bath and laundry services.
Certain premises require renovation, including the replacement of sanitary and technical equipment and the electrical network. In the premises, an unpleasant smell, unsanitary conditions, excessive dampness and mould on the ceilings and walls of some cells due to water leaks are recorded, there is significant cluttering with personal belongings, and bedding and mattresses require replacement.
In the report to 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, the need to maintain all places of accommodation for convicts and persons detained in custody, including sanitary facilities, in a proper state of repair and hygiene was emphasised; to ensure regular and frequent disinsection; to provide sufficient access to natural light and ventilation in the cells; and to fully equip internal sanitary facilities with floor-to-ceiling partitions (CPT/Inf (2024) 20, paragraph 58).
9. In the maximum-security sector, there is no doctor's office available for outpatient reception of the sick, which contradicts the requirements of the Provision Standards and creates obstacles to the provision of timely medical assistance to persons held there. In addition, the unit lacks a room for the performance of religious rites, which violates the requirements of paragraph 3, Chapter 5, Section VIII of the PTDC Regulations and the Provision Standards.
10. The premises of the unit for convicts assigned to maintenance work do not fully meet the requirements of the Provision Standards. In particular, the following rooms are missing: a room for food storage; a room for storing the exchange fund of bedding, clothing, and special workwear; a pantry for the temporary storage of dirty bedding, clothing, and special workwear; a dressing room; a utility room; a drying room.
The lack of necessary premises leads to a violation of sanitary and hygienic standards. In particular, the improper organisation of personal belongings storage complicates the maintenance of cleanliness and order in the premises where convicts are held, which worsens the overall sanitary situation in the institution. In addition, in violation of the Provision Standards, the living quarters are not equipped with a sufficient number of bedside lockers and stools according to the regulations.
11. The monitoring group established that in the living quarters on the beds of convicts assigned to maintenance work, name cards are placed with information containing a short description of the crimes committed by the persons occupying these beds. In its report following the 2020 visit to Ukraine, under similar circumstances, the Committee stated that such a practice should be stopped, as it has no reasonable purpose, and apart from stigmatisation, it negatively affects the relationship between prisoners and prison staff (CPT/Inf (2020) 40, paragraph 52).
12. Paragraph 4, Chapter 2, Section III of the PTDC Regulations determines that audiovisual, electronic, and other technical means are used to prevent escapes, the commission of criminal offences, violations of the procedure of detention and sentence serving established by legislation, and to ensure the safety of prisoners, convicts, PTDC staff, and other persons present on its territory.
During the inspection of the living quarters of convicts assigned to maintenance work, installed video surveillance cameras were recorded. At the same time, in its report following the 2012 visit, the Committee criticised excessive intrusion into privacy through the installation of video cameras in the living quarters of convicts: ‘The CPT agrees that video surveillance in cells can be a useful safeguard in certain cases, for example, when a person is considered a concern regarding the risk of self-harm or suicide, or if there are specific suspicions that a convict is carrying out certain actions in the cell that may jeopardise safety.
However, any decision to apply video surveillance to a specific convict must always be based on an individual assessment of real risks and must be regularly reviewed. 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’ (CPT/Inf (2013) 23, paragraph 52).
13. In accordance with paragraph 17, Section V of the Regulation on the organisation of food supply in the State Penitentiary Service of Ukraine in peacetime, approved by the order of the Ministry of Justice of Ukraine dated 15 June 2021 No. 2160/5, daily samples of each dish of the ration remain in the institution's canteen.
Sampling is carried out by the cook from the pot in the presence of a medical worker of the healthcare facility in clean dishes with a lid (previously washed and boiled) before the food is distributed. Daily samples are stored in the canteen refrigerator at a temperature from +4 to +8 °C. Samples of dishes of each meal are stored for a day until the end of the similar meal on the next day.
At the same time, in violation of the aforementioned, the monitoring group, during the inspection of the canteen premises, established the absence of samples of the evening meal, in particular fish.
14. The monitoring group established a number of violations in the organisation of bath and laundry services for convicts and detainees. In violation of the requirements of paragraph 2.11, Section II of the Regulation on the organisation of bath and laundry services for persons held in correctional institutions and pre-trial detention centres, approved by the order of the Ministry of Justice of Ukraine dated 8 June 2021 No. 849/5 (hereinafter — the Regulation), the forced supply and exhaust ventilation system is not working in the laundry and bath premises.
In violation of the requirements of Rule 19.3 of the European Prison Rules, the right to privacy in the shower room is not ensured due to the absence of curtains on the shower partitions in the bathhouse.
In violation of paragraph 3.19.1, Section III of the Regulation, the sanitary treatment of detainees and convicts is not carried out in full. In particular, disinfection (destruction of pathogenic microorganisms) and disinsection (destruction of insects and ticks that are carriers of infectious diseases) of pillows, mattresses, blankets, towels, and personal clothing in a disinfection chamber are not conducted. Only personal bedding is subject to treatment, which is confirmed by corresponding entries in the journal of disinfection (disinsection) of clothing and bedding in the disinfection chamber.
15. According to the information provided by the administration, from the beginning of 2025 (as of 25 July 2025), 234 short-term visits were provided in the state institution ‘Sumy Pre-trial Detention Centre’, of which 166 were non-contact and 68 were in open conditions (without continuous dividing glass and an intercom device).
At the same time, in the report to the Government of Ukraine following the 2023 visit, the European Committee for the Prevention of Torture emphasises that for all categories of convicts, open visits (for example, at a table) should be the rule, and closed ones the exception, the application of which is allowed only on the basis of substantiated and motivated decisions, made after an individual assessment of the potential risk posed by a specific convict.
The Committee calls on the Ukrainian authorities to review the procedure for conducting short-term visits in penal institutions with the aim of ensuring that such visits take place, as a rule, in open conditions (CPT/Inf (2024) 20, paragraph 99).
16. During the visit, the monitoring group recorded that the institution's staff who are in direct contact with convicts openly carry special equipment, in particular rubber batons. At the same time, according to the eighth paragraph of paragraph 8, Chapter 1, Section V of the PTDC Regulations, the carrying of special equipment by PTDC staff within the territory of the PTDC guarded area should be as hidden from others as possible.
At the same time, the Committee recommends that prison staff working in direct contact with prisoners should not carry special equipment (such as rubber batons, handcuffs, and canisters equipped with tear gas) openly 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).
17. According to official documentation, the total personnel shortfall for the institution as of 25 July 2025 is 22 positions (13.1%). 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 penal institution requires the presence of a professional team of staff, which must be present in sufficient numbers at any moment in detention places.
An insufficient number of staff can only increase the risk of violence and intimidation between convicts. A shortage of front-line staff also undermines the quality and level of measures offered to convicts and compromises the prospect of preparation for release and social rehabilitation.
In this regard, the Committee calls on the Ukrainian authorities to take decisive measures to significantly increase the number of staff in penal institutions of Ukraine, where a low level of staffing is observed, with the aim of strengthening the presence of security and supervision service staff inside the institutions. It is also necessary to take measures to end the 24-hour shift of staff on duty (CPT/Inf (2024) 20, paragraph 93).
18. During the monitoring, the issue of compliance with the right to work and social protection was investigated. In this aspect, the relevant documentation was analysed, and conversations were held with persons engaged in work. The following categories of work were recorded in the PTDC:
Catering block. Here, mainly convicts serving their sentences work in the positions of cooks, bakers, and general workers. Fixed-term employment contracts are concluded with them.
Production workshops (Workshop no. 1 and Workshop no. 3). Detainees (persons without a court verdict) are involved in the work. The work is of a production nature — assembly of products (‘fitter for mechanical assembly works’). Accounting is conducted according to ‘records of completed work’ with hourly workload (8 hours per day, 160–168 hours per month) and piecework payment (for example, 548 UAH per product). On the day of the monitoring visit, 52 detainees were working in the workshops according to work orders.
Convicts working in the catering block conclude fixed-term employment contracts with the administration, in which the positions (cook, baker, general worker) are defined. Their duties include cooking and distributing food, baking, sanitary cleaning, etc. Work in the catering block is of a permanent nature, but contracts are concluded for fixed, short terms only, which contradicts Article 23 of the Labour Code of Ukraine.
In the examined wage records, underpayment was recorded. The records show 700–1500 UAH per month, which is below the minimum wage established by Article 95 of the Labour Code. The documents also lack confirmation of the payment of the Single Social Contribution, as well as the accrual and payment of sick leave or holiday pay. This indicates the actual deprivation of convicts of social rights guaranteed by the state, which contradicts the requirements of the Law of Ukraine ‘On Mandatory State Social Insurance’.
Significant deductions are made from earnings, including for food. At the same time, the provided documents lack clear confirmation that after all deductions, at least 25% of the accrued funds remain for each convict, as required by Article 120 of the Criminal-Executive Code of Ukraine. The lack of transparency in calculations makes it impossible to verify compliance with this guarantee and creates a risk of its violation.
On the day of the visit, 52 detainees were working in workshops nos. 1 and 3. Their participation in work orders was recorded, in particular: H., R., T., G., and others. In accordance with Article 16 of the Law of Ukraine ‘On Pre-trial Detention’, the engagement of detainees in work is possible only with their written consent and with the permission of the investigator, prosecutor, or court. Paid work can be carried out exclusively within the pre-trial detention centre, and unpaid work is allowed only within the framework of the institution's maintenance and no more than 2 hours per day.
The Internal Regulations of Pre-trial Detention Centres (order of the Ministry of Justice of Ukraine dated 14 June 2019 No. 1769/5) provide for the possibility of creating workshops, but only according to a special Regulation and with mandatory record-keeping. The provided documents (work orders and records) do not contain copies of the rulings of investigators, prosecutors, or the court regarding the 52 persons involved in the work. This indicates the absence of proper legal formalisation. There is no accounting of passes for taking detainees out of cells for work, which makes it impossible to control the duration of actual working hours and creates a risk of overtime or forced labour.
The payment records contain only the ‘to be paid’ amounts. At the same time, there is no confirmation of the payment of the Single Social Contribution and the inclusion of insurance experience, which deprives detainees of social rights guaranteed by law. For example, detainee V. in the work accounting record is listed with a workload of 168 hours per month and an accrued amount of 8,055 UAH. However, there are no passes for leaving the cell and confirmation of payment of contributions, which is a violation of the accounting of working hours (Article 30 of the Labour Code) and social guarantees.
Convicts R., K., A., K., who work in the catering block, conclude fixed-term employment contracts, but in the payroll records, their salary is about 1,000 UAH per month, which is below the minimum wage and does not ensure social insurance. For convicts, fixed-term employment contracts are concluded with the institution's administration; however, they do not contain all the essential conditions provided for by law, which contradicts Article 23 of the Labour Code of Ukraine.
For detainees, only work orders and ‘work accounting records’ are used without drawing up individual employment contracts, applications for voluntary consent, or permits from the investigator/court. In the workshops where detainees work, individual accounting of hours worked is not kept, which violates Article 30 of the Labour Code. An underpayment level was also recorded: in a number of cases, the salary is lower than the minimum established by law (Article 95 of the Labour Code).
Thus, in the PTDC, the labour of both convicts and detainees is systematically used, but the formalisation of labour relations is of a formal nature and does not meet the requirements of the law. Convicts work in the catering block under fixed-term contracts that do not ensure minimum guarantees of payment and social protection.
Detainees (52 persons on the day of the visit) were engaged in paid work in the workshops without confirmed permits and applications, without recording working hours and social guarantees. This violates Article 16 of the Law of Ukraine ‘On Pre-trial Detention’, Articles 23, 30, and 95 of the Labour Code, Article 120 of the Criminal-Executive Code of Ukraine, Article 43 of the Constitution of Ukraine, as well as international standards — the Mandela Rules, the European Prison Rules, and Article 4 of the European Convention on Human Rights.
Such a practice has signs of systemic violations of the right to work and social guarantees.
Sumy City Medical Unit of the branch of the State Institution ‘Centre for Healthcare of the State Penitentiary Service of Ukraine’ in Sumy region
The head of the Sumy City Medical Unit of the branch of the State Institution ‘Centre for Healthcare of the State Penitentiary Service of Ukraine’ in Sumy region is Nataliya Vasylivna Kurilina.
In the staff of the medical unit as of 25 July 2025, the position of a narcologist remains vacant — 0.5 of a rate.
During the visit, the monitoring group studied the medical documentation, inspected the premises of the medical unit for their compliance with the requirements of the legislation of Ukraine and international standards, and identified shortcomings in the work of the Sumy City Medical Unit that lead to the violation of the rights of convicts and persons detained in custody in the SI ‘Sumy Pre-trial Detention Centre’, in particular:
1. In violation of the requirements of paragraph 4, Chapter 1, Section X of the Internal Regulations of Pre-trial Detention Centres of the State Penitentiary Service of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated 14 June 2019 No. 1769/5, as well as the Regulation on the Sumy City Medical Unit of the branch of the state institution ‘Centre for Healthcare of the State Penitentiary Service of Ukraine’ in Sumy region, the provision of inpatient medical care in full has not been organised in the medical unit.
In particular, inpatient medical care is provided only to patients with tuberculosis, which is confirmed by entries in the journal of accounting for admission, discharge, and refusal of hospitalisation. This leads to restricted access for convicts and persons detained in custody to proper medical supervision and treatment in inpatient conditions, which may cause a deterioration in their health, complications of chronic diseases, and an increase in health-related risks, violating their right to health care and medical assistance, guaranteed by Article 49 of the Constitution of Ukraine.
Furthermore, this contradicts paragraph 38 of the Committee's recommendations, where it is indicated that medical services in places of deprivation of liberty must be able to provide medical assistance and treatment, as well as an appropriate diet, physiotherapy, rehabilitation, or any other special care at the same level as is offered to patients in civilian medical facilities. There must be provision for a supply of medical, auxiliary, and technical personnel, as well as the provision of appropriate premises, equipment, and apparatus (CPT/Inf(93)12-part).
2. In violation of paragraph 4, Chapter 1, Section X of the PTDC Regulations, in the inpatient ward of the medical unit, there is no equipped isolation ward for holding persons with mental disorders.
3. In violation of the requirements of paragraph 1, Section II of the Infection Control Standard for healthcare facilities providing assistance to patients with tuberculosis, approved by the order of the Ministry of Health of Ukraine dated 1 February 2019 No. 287, the requirements regarding the isolation of persons with tuberculosis are not complied with in the medical unit. In particular, cell-ward no. 67 is used for placing more than one or two people (1 ward-cell for 8 beds); the door to the ward is not equipped with a sealed threshold and seals along the edges; there is no mechanical exhaust ventilation system.
4. The medical unit has infectious isolation wards for placing persons suffering from tuberculosis. At the same time, in violation of the Measures and means for preventing infection when providing care for patients, approved by the order of the Ministry of Health of Ukraine dated 3 August 2020 No. 1777, as well as paragraph 4, Chapter 1, Section X of the PTDC Regulations, an isolation ward for patients with intestinal infections is not equipped in the medical unit, which makes it impossible to place them simultaneously separately from one another and from other convicts and detainees.
5. 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 January 2021 No. 51, not all persons with suspected viral hepatitis C undergo PCR testing (20 persons as of 25 July 2025), in connection with which they do not receive the necessary treatment, which may lead to a deterioration in their health and the spread of the specified infectious disease among convicts.
6. In violation of the Procedure for organising 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 October 2015 No. 681, the medical unit staff are deprived of the opportunity to make requests for telemedical consultation and receive consultations for providing medical assistance to detainees and convicts for technical reasons.
7. In violation of the requirements of the Equipment Supply Table for one workstation of a dentist and dental technician, approved by the order of the Ministry of Health of Ukraine dated 11 April 2005 No. 158, there is no dental X-ray machine in the medical unit, which makes it impossible to conduct an in-depth dental examination of convicts and does not ensure the timely provision of proper dental care.
8. In violation of the requirements of the Norms for bedding, special clothing, and special footwear (inventory property) for convicts undergoing treatment in medical-prophylactic institutions, institutions with the rights of medical ones, and in medical units at correctional institutions and pre-trial detention centres, approved by the order of the Ministry of Justice of Ukraine dated 20 February 2012 No. 280/5, convicts and detainees in the inpatient ward do not receive hospital property (hospital suit, robe, and slippers).
9. In the medical unit, there are no separate offices for a gynaecologist, therapist, infectious disease specialist, psychiatrist, and other specialists. Thus, the reception of convicts and detainees by a gynaecologist is conducted in the procedure room of the X-ray department, and doctors of other specialties conduct their reception in the room of the outpatient reception room. Such an organisation of work does not ensure an adequate level of confidentiality and may lead to a violation of the patients' right to privacy during medical examinations.
10. According to paragraph 10, Chapter 2, Section IX of the PTDC Regulations, convicts assigned to the PTDC for maintenance work are subject to a mandatory preventive medical examination in accordance with the requirements of the Resolution of the Cabinet of Ministers of Ukraine dated 23 May 2001 No. 559 ‘On approval of the list of professions, production and organisations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations and issuing personal medical books’.
For each convict of the specified category, a primary accounting documentation form no. 1-OMK ‘Personal Medical Book’ is created, approved by the order of the Ministry of Health of Ukraine dated 21 February 2013 No. 150, registered with the Ministry of Justice of Ukraine on 23 April 2013 under no. 662/23194.
At the same time, during the inspection of available personal medical books of convicts working in the canteen, it was established that the specified employees had not undergone an examination by an otolaryngologist, which violates the requirements of paragraph 6 of the Rules for conducting mandatory preventive medical examinations of employees of certain professions, production, and organisations whose activities are related to serving the population and can lead to the spread of infectious diseases, approved by the order of the Ministry of Health of Ukraine dated 23 July 2002 No. 280 (as amended by the order of the Ministry of Health of Ukraine dated 21 February 2013 No. 150).
11. In violation of the requirements of the State Building Standards of Ukraine V.2.2-17:2006 ‘Buildings and structures. Accessibility of buildings and structures for low-mobility groups of the population’, conditions for holding people with disabilities have not been created in the medical unit.
12. In violation of paragraph 37 of the Resolution of the Cabinet of Ministers of Ukraine dated 2 March 2016 No. 285 ‘On approval of the Licensing conditions for carrying out economic activities in medical practice’, there is no conclusion in the medical unit confirming free access to the buildings and premises of the medical facility for low-mobility groups of the population, obtaining which is mandatory.
13. In violation of the requirements of paragraph 2.23, Chapter 2 of the State Sanitary Rules and Norms ‘Hygienic requirements for the arrangement 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 4 June 2007 No. 294, registered with the Ministry of Justice of Ukraine on 7 November 2007 under no. 1256/14523, the presence of extraneous equipment not intended for use in this room was found in the procedure room.
Recommendations
1. Phase out cell-type premises with an area of less than 6 m² or change their purpose (for example, to office or storage), ensuring that persons are held in premises that meet minimum standards.
2. Ensure a normative area of at least 2.5 m² per person in all cell-type premises; eliminate the practice of cell overcrowding and installing beds beyond the permissible norm.
3. Equip sanitary facilities with doors or partitions that fully ensure privacy.
4. Establish the operation of the ventilation system, ensure an adequate level of natural lighting and the sanitary state of the cells; carry out renovations in premises with dampness and mould.
5. Equip cells with drinking water containers, eliminate the practice of using technical water for drinking.
6. Ensure the operation of the radio system in accordance with the PTDC Regulations.
7. Ensure strict compliance with the principle of separate detention of persons being held criminally liable for the first time from those who have previously served sentences.
8. Comply with the established period of stay in the reception unit (no more than 2 hours), ensuring proper accounting in duty logs.
9. Equip the reception unit with premises stipulated by regulations, including a medical examination room, an isolation ward for the sick, and quarantine premises.
10. Ensure the confidentiality of medical examinations and compliance with the right of persons to medical secrecy.
11. Guarantee convicts to whom disciplinary sanctions are applied the systematic delivery of copies of decisions with an explanation of the procedure for appealing them, and inform them of the right to access a lawyer.
12. Ensure the conclusion of employment contracts with convicts in compliance with Article 23 of the Labour Code of Ukraine and all essential conditions (payment, working hours, social guarantees).
13. Stop the practice of engaging detainees in paid work without proper permits from the investigator, prosecutor, or court (Article 16 of the Law of Ukraine ‘On Pre-trial Detention’).
14. Introduce individual accounting of working hours for convicts and detainees (Article 30 of the Labour Code of Ukraine).
15. Ensure the payment of the Single Social Contribution and the inclusion of insurance experience, including payments for sick leave and holiday pay.
16. Guarantee a salary level not lower than the minimum, defined by Article 95 of the Labour Code of Ukraine, and compliance with the requirement of Article 120 of the Criminal-Executive Code of Ukraine regarding leaving at least 25% of earnings after all deductions.
17. Ensure short-term visits take place primarily in open conditions; use closed visits only based on an individual, motivated risk assessment.
18. Stop the practice of open carrying of special equipment by staff who are in direct contact with detainees.
19. Ensure a sufficient number of personnel, in particular operational and supervisory services, to maintain safety and comply with dynamic security standards.
20. Review the practice of 24-hour personnel shifts.
21. Take measures aimed at eliminating identified human rights violations and preventing torture, other cruel, inhuman or degrading treatment or punishment in the Sumy City Medical Unit of the branch of the SI ‘Centre for Healthcare of the State Penitentiary Service of Ukraine’ in Sumy region.
22. Ensure control over the proper keeping of medical documentation in accordance with the Procedure for interaction of healthcare institutions of the State Penitentiary Service of Ukraine with healthcare institutions regarding the provision of medical care to persons taken into custody, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 10 February 2012 No. 239/5/104, the Procedure for organising the provision of medical care to convicts sentenced to imprisonment, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15 August 2014 No. 1348/5/572, and other regulatory legal acts.
23. Ensure the medical facility staff includes specialist doctors in accordance with needs.
24. Ensure the organisation of the provision of inpatient medical care in the medical unit in accordance with the requirements of the PTDC Regulations and the Regulation on the Sumy City Medical Unit of the branch of the SI ‘Centre for Healthcare of the State Penitentiary Service of Ukraine’ in Sumy region.
25. Ensure all persons with suspected HCV have access to PCR testing in the shortest possible time and organise the necessary antiviral treatment for persons with a confirmed diagnosis.
26. Execute the requirements of paragraph 37 of the Resolution of the Cabinet of Ministers of Ukraine dated 2 March 2016 No. 285 ‘On approval of the Licensing conditions for carrying out economic activities in medical practice’.
27. Ensure the accessibility of the institution's buildings in accordance with the State Building Standards of Ukraine V.2.2-17:2006 ‘Buildings and structures. Accessibility of buildings and structures for low-mobility groups of the population’.
28. Ensure the proper operation of the telemedical complex for doctors to make requests for telemedical consultation.
29. Ensure the equipment of an isolation ward for persons with mental and behavioural disorders in accordance with requirements.
30. Ensure compliance with infection control measures in the medical unit.
31. Ensure compliance with the isolation requirements for persons suffering from tuberculosis, in accordance with the Standard.
32. Provide the medical unit with the necessary diagnostic equipment, including a dental X-ray machine.
33. Ensure that convicts assigned to maintenance work (in particular in the canteen) undergo the full volume of mandatory preventive medical examinations in compliance with the requirements of current legislation, including an examination by an otolaryngologist.
34. Ensure the procedure room is brought into compliance with the requirements of the State Sanitary Rules and Norms ‘Hygienic requirements for the arrangement and operation of X-ray rooms and the conduct of X-ray procedures’.
35. Ensure the arrangement of separate rooms for doctors, ensuring compliance with confidentiality requirements and the patients' right to privacy during medical examinations.