Donetsk Memorial • Kharkiv Human Rights Group
Ukr

Report on the results of the monitoring visit to Kryvyi Rih Correctional Colony No. 80

  Andrii Didenko, Serhii Zuikov, Oleh Tsvilyi 
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Disproportionate interference with privacy has been detected due to the use of video surveillance, stigmatizing practices, and dangerous practices involving the use of ‘orderlies’ with delegated control functions. The institution’s administration refused to provide key documentation (staffing schedule, contracts, salary information).

On 15.12.2025, 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 United Nations Standard Minimum Rules for the Treatment of Prisoners and the case law of the European Court of Human Rights, and on the basis of Article 24 of the Criminal Executive Code of Ukraine, ‘Visiting correctional facilities’, a group of monitors from the Kharkiv Human Rights Protection Group and the non-governmental organization ‘Protection of Prisoners of Ukraine’ carried out a visit to the state institution ‘Kryvyi Rih Correctional Colony (No. 80)’ (hereinafter — KCC-80, institution, facility, colony).

A routine unannounced visit was conducted, during which all objects of the institution were examined. The previous visit took place on 18.06.2025.

During preparation for the visit, the monitors used materials from complaints by prisoners and their relatives, materials from previous reports, and reports from monitors of the National Preventive Mechanism under the Ukrainian Parliament Commissioner for Human Rights (NPM).

The visit was conducted within the framework of the project ‘Reducing Prisoner Suffering in the Context of the War in Ukraine’, funded by the government of Denmark in partnership with DIGNITY (Danish Institute Against Torture).

The visit was carried out by the following monitors:

  • Andrii Didenko — assistant to People’s Deputy of Ukraine Yaroslav Yurchyshyn, programme coordinator of the Kharkiv Human Rights Protection Group, has experience with monitoring visits since 2014, an NPM monitor, member of the NPM advisory council;
  • Serhii Zuikov — assistant to People’s Deputy of Ukraine Kostiantyn Kasai, member of the public council under the Ministry of Justice of Ukraine, member of the non-governmental organization ‘Protection of Prisoners of Ukraine’, an NPM monitor, has many years of experience with monitoring visits;
  • Oleh Tsvilyi — member of the public council under the Ministry of Justice of Ukraine, head of the non-governmental organization ‘Protection of Prisoners of Ukraine’, has significant experience with monitoring visits, specializes in issues of torture, cruel and inhuman treatment.

During the monitoring visit to KCC-80, systemic and recurring violations of the requirements of the Criminal Executive Code of Ukraine, subordinate legal acts, and international standards (the Mandela Rules, the European Prison Rules, CPT recommendations) were identified, which, in aggregate, create risks of inhuman or degrading treatment.

Overcrowding and unsatisfactory living conditions in the premises of the Social and Psychological Service (SPS) and the Quarantine, Diagnostics, and Distribution (QDD) unit were recorded, as well as a lack of proper privacy, unsanitary conditions in the use of restrooms, and problems with lighting, heating, ventilation, and basic equipment. Disproportionate interference with privacy was identified due to the use of video surveillance in residential and medical premises, stigmatizing practices regarding prisoners, violations of disciplinary procedure guarantees, and dangerous practices involving the use of ‘orderlies’ with delegated control functions.

Significant risks to the life and health of persons held in the institution are created by the improper state of the civil protection shelter, which is incapable of providing a safe refuge for the actual number of people. Separately, gross and systemic violations of the right to work and social protection of prisoners were established, in particular, the mass use of labour without proper employment documentation, the dominance of civil law contracts to mask employment relationships, the involvement of prisoners in overtime and night work, as well as work on weekends without the possibility of verifying payment, and the illegal use of unpaid labour for non-designated purposes.

The institution’s administration refused to provide key documentation (staffing schedule, contracts, salary information), which made it impossible to verify compliance with labour and social guarantees and indicates a deliberate concealment of violations and obstruction of the monitoring group’s activities.

Additionally, serious shortcomings were recorded in the organization of medical care, namely: a shortage of doctors, improper documentation of bodily injuries, violations of medical information confidentiality, a lack of access to opioid agonist therapy (OAT), failure to ensure the rights of persons with disabilities, and the unsatisfactory state of medical premises. The combination of these facts points to a profound institutional failure to ensure basic prisoner rights and requires urgent systemic response.

General Information

KCC-80 is a medium-security correctional colony for holding men who have been sentenced to imprisonment for the first time for committing grave and especially grave crimes.

The institution is located at: 3 Shiferna Street, Kryvyi Rih, Dnipropetrovsk Region, 50041.

KCC-80 was established in 1999 on the basis of existing penitentiary infrastructure. At the same time, the colony’s history dates back to the 1950s. According to human rights sources, in January 1954, prison camp unit No. 80 was organized in the city of Kryvyi Rih on the site of a former prisoner-of-war camp. In April 1961, the construction of a new complex of buildings to house prisoners was completed, after which prison camp unit No. 80 was reorganized into correctional labour colony No. 80.

After Ukraine gained independence and the penitentiary system was reformed, the institution continued to operate under the name Kryvyi Rih Correctional Colony No. 80. In the institution’s subsequent operations, human rights violations were repeatedly recorded, particularly in the areas of access to medical care, conditions of detention, and the treatment of prisoners, which became the subject of research by both domestic human rights organizations and international monitoring bodies. Currently, the colony continues to function as a correctional facility and is periodically subject to monitoring visits by the National Preventive Mechanism.

At the time of the visit, the head of the institution was Lieutenant Colonel of the Internal Service Dmytro Volodymyrovych Mishchenko.

The facility consists of the duty unit, the QDD unit (quarantine, diagnostics, and distribution unit), SPS units (Social and Psychological Service), a canteen, DISO premises (disciplinary isolation cell), PKT (cell-type premises), DPK (high-security unit), a pre-trial detention unit (SIZO), a medical unit, a bath and laundry complex, visitation rooms, a shop, a library, a room for receiving parcels, as well as administrative premises.

According to the institution’s administration, the authorized staff headcount is 360.5 positions, with an actual headcount of 193 positions. The total staff shortage for the institution is 167.5 positions. The planned capacity of the facility is 1,267 persons. The actual number of persons held in the institution is 1,225. There are 18 SPS units operating in KCC-80. Two psychologists work at the facility.

During 2025, 864 persons arrived at the colony. During 2024, 20 persons died; during 2025, 6 persons died. Registered on operational and preventive records: 43 persons prone to suicide, 18 persons prone to self-harm, 9 persons prone to escape, 149 malicious violators of the detention regime.

During 2024, 1 complaint about the denial of medical care was recorded; during 2025, 1 complaint about improper provision of medical care was recorded. 34 persons have disabilities: 2 persons in group I, 11 persons in group II, 21 persons in group III. Prisoners own 198 tablets for personal use, and 198 email addresses have been registered.

During 2024, 15 cases of bodily injuries received while in the institution were recorded. During 2025, 47 cases of bodily injuries were recorded upon arrival at the institution and 14 cases while in the institution.

The monitoring group interviewed about 375 prisoners during the visit to production facilities, workshops, SPS units, disciplinary and utility rooms, in the format of general conversations with the provision of consultations, answers to questions, surveys regarding possible human rights violations, as well as individual communication with specific individuals, including on conditions of anonymity.

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 prisoner treatment were identified, leading to violations of the rights of prisoners:

1. In violation of the first part of Article 115 of the Criminal Executive Code of Ukraine (hereinafter — CEC of Ukraine) and point 13 of the Standard Minimum Rules for the Treatment of Prisoners, it was established that in certain residential premises of the SPS units of the institution, the living space norm per prisoner is less than 4 m². Thus, in residential premise No. 1 of SPS unit No. 14, where 97 beds are located and 92 persons were present, the area of the premise is 216 m². Thus, the actual area per prisoner was 2.34 m².

At the same time, point 13 of the Seventh General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) states that the problem of overcrowded cell premises leads to unhygienic conditions, a constant lack of privacy, and overloading of medical services and the institution’s infrastructure, and concludes that, quite often, the negative impact of overcrowding results in inhuman or degrading conditions of detention for prisoners (CPT/Inf (97) 10).

2. During the visit to the residential premise of SPS unit No. 14, it was established that the conditions of detention do not comply with the requirements of the first part of Article 115 of the CEC of Ukraine, point 1 of section XXII of the Internal Rules of Correctional Facilities, approved by order of the Ministry of Justice of Ukraine dated 28.08.2018 No. 2823/5 (hereinafter — IRCF), as well as points 13, 14, and 15 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules).

In particular, in SPS unit No. 14, a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to respect for private life, was identified. Thus, in violation of rule 18.1 of the European Prison Rules, beds in the sleeping quarters are located directly adjacent to one another, which makes it impossible to provide prisoners with personal space.

During the inspection of the dormitory of the mentioned unit, it was established that there were no sanitary facilities in the residential premises; therefore, prisoners are forced to use an outdoor toilet, which is in an unsanitary condition. The restrooms are not equipped with doors, which does not ensure privacy of use, thereby violating rule 19.3 of the European Prison Rules.

In the premises, an unsatisfactory state of both artificial and natural lighting was recorded. Furthermore, contrary to the requirements of rule 22.5 of the European Prison Rules and the Standards of Provision with furniture, inventory, and household items for a medium-security correctional colony, approved by order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5 (hereinafter — Standards of Provision), the premises are not equipped with drinking water tanks.

In violation of the Standards of Provision, residential premises are not equipped with a sufficient number of bedside tables and stools in accordance with established standards. A portion of the premises is in an unsatisfactory technical condition and requires capital repair, including the replacement of electrical networks.

3. The monitoring group established that the institution’s administration and staff do not ensure the proper organization of work with newly arrived prisoners. Thus, in violation of the ninth paragraph of the first part of Article 8 and the first part of Article 118 of the CEC of Ukraine, facts were recorded of institution staff involving seven prisoners in the performance of work in the QDD unit without an employment contract and without pay. In particular, the mentioned prisoners were engaged in performing the duties of ‘orderlies’.

Furthermore, it was established that the aforementioned prisoners had the opportunity to remain in the QDD unit around the clock, were provided with assigned sleeping places, and could independently visit the canteen and the Social and Psychological Service unit to which they were formally assigned. Certain ‘orderlies’ had been delegated functions of constant supervision over newly arrived prisoners placed in the QDD unit by the administration and staff of the institution, as well as control over their compliance with the daily schedule, which is unacceptable and contradicts legislative requirements.

The mentioned facts were confirmed by prisoners during confidential communication, as well as during the inspection of the Logbook for Recording Visits to the QDD Unit by the institution’s administration and the duty shift, where, in addition to the number of newly arrived prisoners, the number of prisoners engaged in ‘orderly’ duties was indicated.

Such actions contradict the requirements of Article 96 of the CEC of Ukraine, point 4 of section II of the IRCF, as well as point 2 of section I of the Regulation on the Quarantine, Diagnostics, and Distribution Unit, approved by order of the Ministry of Justice of Ukraine dated 04.11.2013 No. 2300/5, registered with the Ministry of Justice of Ukraine under No. 1864/24396 (hereinafter — Regulation on the QDD Unit).

In the report on the results of the visit to Ukraine in 2020, the Committee expressed serious doubts regarding the practice of using certain prisoners as ‘orderlies’ who perform functions of control over other prisoners in living quarters and production facilities and report any events and regime violations to staff. It is also noted that any partial abdication of responsibility for order and security in prisons, which lies with the institution’s custodial staff, is unacceptable. Such a practice exposes more vulnerable prisoners to the risk of ill-treatment and exploitation by other prisoners.

The Committee calls on the Ukrainian authorities to take all necessary steps, including of a legislative nature, to end this practice. No prisoner (in any penitentiary institution of the country) should have power over other prisoners (CPT/Inf (2020) 40, point 27).

4. In accordance with points 1 and 2 of section II of the Regulation on the Quarantine, Diagnostics, and Distribution (QDD) unit, in order to organize work with newly arrived prisoners, a working group is created by the head of the institution’s order, consisting of the deputy heads of the institution, heads of structural subdivisions, a psychologist, and a medical worker. For the purpose of planning this work, a program for familiarizing newly arrived prisoners with the procedure and conditions of serving sentences is compiled annually, which is approved by the head of the institution.

At the same time, during confidential communication with prisoners and analysis of official documentation, the monitoring group established that the members of the working group do not fully carry out the measures provided for by the specified program. This is confirmed, in particular, by the absence of corresponding entries in the logbook of visits to the QDD unit by representatives of the institution’s administration.

Thus, in the period from 08.12.2025 to 15.12.2025, there were between 25 and 29 newly arrived prisoners in the QDD unit, however, in the logbook of visits to the QDD unit by administration representatives, the last entry regarding the conduct of relevant measures is dated 08.12.2025. Thus, during the specified period, the measures provided for by the program were not actually carried out, which was also confirmed by prisoners during confidential communication.

The aforementioned does not comply with the requirements of point 5 of section II of the Regulation on the QDD unit, which provides that the planning of the measures of the program for familiarizing newly arrived prisoners should be carried out in such a way that each member of the working group visits the QDD unit at least once a week.

5. In violation of point 1 of section II of the Regulation on the QDD unit, the head of the financial support and accounting department — chief accountant — has not been included in the working group for work with newly arrived prisoners.

6. In violation of point 3 of section III of the Regulation on the QDD unit, the head of the medical unit has not been included in the special commission for the distribution of newly arrived prisoners to the Social and Psychological Service units of the institution.

7. During the visit to the QDD unit, it was established that the conditions of detention of prisoners do not comply with the requirements of the first part of Article 115 of the Criminal Executive Code of Ukraine, point 1 of section XXII of the IRCF, as well as points 13, 15, and 22.2 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

Thus, it was established that in the residential premise of the QDD unit, the actual number of sleeping places exceeds the permissible limit, which makes it impossible to ensure the living space norm per person provided by legislation (not less than 4 m²). Specifically, in residential premise No. 1, which, according to the living area measurement certificate, is designed for 49 beds with a total area of 250 m², 55 beds are actually placed. The aforementioned creates conditions for possible abuses by the institution’s administration and staff regarding compliance with the living space norm per prisoner and does not ensure a proper level of personal space for persons held in the residential premise.

In violation of rule 18.1 of the European Prison Rules, beds in the residential premise are located directly adjacent to one another, making it impossible to ensure prisoners have minimum personal space.

Furthermore, in the residential premise of the QDD unit, it was established that the heating system was in a non-working state, due to which the air temperature was lower than 16°C. Significant dampness of the floor and walls was recorded. Such a state creates significant risks to the health of the detained persons, in particular due to prolonged stay in a humid environment, likely formation of mould, and an increased risk of developing respiratory, skin, and infectious diseases.

During the inspection of the unit’s dormitory, it was also established that there were no sanitary facilities in the unit; therefore, prisoners are forced to use a toilet located outside, which was in an unsanitary condition and was not heated. The washroom is not equipped in accordance with the requirements of the Standards of Provision, in particular, with a working shower cabin with a mixer and a shower head on a flexible hose, due to which proper conditions for maintaining the prisoners’ personal hygiene are not ensured.

Furthermore, contrary to the requirements of rule 22.5 of the European Prison Rules and the Standards of Provision, the residential premises are not equipped with drinking water tanks. In violation of the Standards of Provision, the residential premise is not equipped with a sufficient number of bedside tables and stools in accordance with established standards. Some mattresses and pillows are damp, in an unsatisfactory state, and require replacement, which contradicts the requirements of the Procedure for Providing Property and the Standards of Entitlement to Property for Prisoners, approved by order of the Ministry of Justice of Ukraine dated 20.02.2012 No. 280/5.

8. During the visit to the QDD unit, it was established that name cards were placed on prisoners’ beds in the sleeping premise, indicating information and a short description of the crimes committed by the individuals occupying the corresponding beds. In the report on the results of the visit to Ukraine in 2020, under similar circumstances, the Committee noted that such a practice should be stopped, as it serves no reasonable purpose other than stigmatization, and results in the deterioration of relations between prisoners and prison staff (CPT/Inf (2020) 40, point 52).

9. Point 1 of section XXIII of the Internal Rules of Correctional Facilities defines that the supervision of prisoners is a system of measures aimed at ensuring the serving and execution of criminal penalties in the form of restricted liberty, imprisonment, life imprisonment, and arrest through 24-hour and constant control over the behaviour of prisoners in their places of residence and work, the prevention and suppression of unlawful actions on their part, and the ensuring of the requirements of prisoner isolation and the safety of the staff of correctional facilities.

Thus, during the inspection of the residential premise of the QDD unit, the installation of a video surveillance camera was recorded. At the same time, in the report on the results of the visit to Ukraine in 2012, the Committee critically assessed the practice of excessive interference in the private life of prisoners through the installation of video cameras in residential premises. In particular, it was noted that any decision regarding the use of video surveillance in relation to a specific prisoner must be based on an individual assessment of real risks and be subject to regular review. The Committee emphasized that video surveillance constitutes a serious interference with the private life of prisoners and makes the regime of detention even more repressive, especially in the case of its prolonged use (CPT/Inf (2013) 23, point 52).

10. In the cell premises of the DISO/PKT, a proper level of natural lighting is not ensured, as the cell windows are small and face a wall, as a result of which natural light practically does not penetrate into the premises. These conditions may create additional psychological pressure on prisoners due to the lack of any contact, including visual, with the outside environment. The aforementioned does not comply with the requirements of rule 18.2 (a) of the European Prison Rules and rule 14 (a) of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

11. Restrooms in the DISO/PKT cell premises are not equipped with sufficient partitions that ensure the possibility of privacy, which violates rule 19.3 of the European Prison Rules. At the same time, in the report to the Government of Ukraine on the results of the 2023 visit, the Committee called on the Ukrainian authorities to take necessary measures to improve material conditions of detention, in particular: to keep all places where prisoners and detainees are housed, including sanitary premises, in a proper state of repair and hygiene; to ensure regular and frequent disinfestation; to ensure sufficient access to natural light and ventilation in cells; to fully equip internal sanitary premises with partitions (i.e., from floor to ceiling) (CPT/Inf (2024) 20, point 58).

12. During the visit to the DISO/PKT, it was established that for prisoners who were serving disciplinary penalties, the institution’s administration did not issue a copy of the decision on the application of the penalty with an indication of the possibility and procedure for its appeal, which contradicts Article 135 of the CEC of Ukraine. At the same time, in the report to the Government of Ukraine on the results of the 2023 visit, the Committee recommends taking measures in Ukrainian penitentiary institutions to ensure that prisoners to whom a disciplinary penalty has been applied systematically receive a copy of the corresponding decision. Furthermore, prisoners should be informed of their right to access a lawyer in the context of disciplinary proceedings (CPT/Inf (2024) 20, point 103).

13. In cell No. 3 of the DISO, the monitoring group established a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to respect for private life. Thus, contrary to the requirements of the third paragraph of point 1 of section XXIII of the IRCF, according to which the viewing angle of video cameras installed in residential premises and cells should not cover sanitary facilities and showers, video surveillance was being conducted in the mentioned cell that covered the sanitary facility, thereby violating the prisoner’s confidentiality while using the toilet.

14. During the visit to the institution, the monitoring group established that there were no tobacco products in the institution’s shop, the presence of which is provided for by Appendix 5 to the IRCF.

15. According to point 17 of section V of the Regulation on the organization of food supply in the State Criminal Executive Service of Ukraine for peacetime, approved by order of the Ministry of Justice of Ukraine dated 15.06.2021 No. 2160/5 (hereinafter — Regulation on the organization of food supply), daily samples of each dish of the ration must 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 (pre-washed and boiled) before the food is served. Daily samples are stored in the canteen’s refrigerator at a temperature from +4 to +8°C and must be kept for 24 hours until the end of the similar meal the next day.

At the same time, in violation of the specified requirements, during the inspection of the canteen’s refrigerator, the monitoring group established the absence of a sample of stewed fish for the dinner dishes for 14.12.2025.

16. In violation of the requirements of the Standards of Provision, there is no cloakroom in the institution’s canteen, as a result of which prisoners are forced to eat while wearing outer clothing.

17. The monitoring group established a number of violations in the organization of bath and laundry services for prisoners and detainees.

In accordance with point 3.19.1 of section III of the Regulation on the organization of bath and laundry services for persons held in correctional facilities and pre-trial detention centres, approved by order of the Ministry of Justice of Ukraine dated 08.06.2021 No. 849/5 (hereinafter — the Regulation), sanitary processing involves washing prisoners (detainees) in a bathhouse using soap and a washcloth, mandatory replacement of bed linen and underwear, as well as disinfection (destruction of pathogenic microorganisms) and disinfestation (destruction of insects and mites that are vectors of infectious diseases) of personal clothing and bedding (pillows, mattresses, blankets) in a disinfection chamber.

However, as established by the monitoring group, the disinfection chamber in the institution is not working, which makes proper sanitary processing of bedding and clothing impossible, increases the risk of the spread of infectious diseases among prisoners and staff, and contradicts established sanitary and hygienic standards.

In violation of point 2.11 of section II of the Regulation, the forced supply and exhaust ventilation system does not function properly in the laundry and bathhouse premises. In violation of point 2.13 of section II of the Regulation, non-compliance with the temperature regime was recorded in the bathhouse premises — the air temperature was 16°C.

19. The monitoring group established that the special means available in the institution, in particular protective helmets and bulletproof vests, are not equipped with proper individual numbering. Under such conditions, in the event of the use of physical force by an employee, it is practically impossible to identify the person who used the corresponding special means. The aforementioned contradicts point 1 of section XXVI of the IRCF.

At the same time, in its report on the results of the visit to Ukraine in 2012, the Committee drew attention to the problem of personnel identification during interventions in institutions and recommended ensuring that every piece of clothing or protective helmet has a clear identification number, which would allow the identification of the relevant employee if necessary (CPT/Inf (2013) 23, point 21).

20. During the visit, the monitoring group recorded that the institution’s staff who are in direct contact with prisoners openly carry special means, in particular rubber batons.

At the same time, according to the eighth paragraph of point 1 of section XXVI of the IRCF, the carrying of special means by the staff of correctional facilities within the protected territory of the correctional facility should, if possible, be maximally concealed from the surroundings.

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

21. In accordance with subpoint 5 of point 2 of section IV of the Regulation on the programme of differentiated educational influence on prisoners ‘Preparation for release’, approved by order of the Ministry of Justice of Ukraine dated 16.05.2016 No. 1418/5, registered with the Ministry of Justice of Ukraine on 17.05.2016 under No. 735/28865, the staff of the institution’s social and psychological service, who directly organize and carry out measures for the implementation of the ‘Preparation for release’ programme, are obliged to provide prisoners with assistance in obtaining (renewing) a passport of a citizen of Ukraine, the registration number of the taxpayer’s account card (RNTK), other personal documents, as well as in applying for pensions.

At the same time, 64 prisoners need to have a passport of a citizen of Ukraine issued, 32 need to obtain an RNTK, which indicates insufficient work of the department of social, educational, and psychological work regarding ensuring the processing of necessary documents for prisoners who do not have them.

22. According to information provided by the administration, from the beginning of 2025 (as of 15.12.2025), 469 short-term visits were granted to prisoners in KCC-80, 174 of which took place in a non-contact manner — through continuous partition glass using an intercom device.

At the same time, in the report to the Government of Ukraine on the results of the 2023 visit, the Committee emphasizes that for all categories of prisoners, open visits (e.g., at a table) should be the rule, and closed visits the exception, the application of which is allowed only on the basis of substantiated and reasoned decisions after an individual assessment of the potential risk of a specific prisoner. In this regard, the Committee calls on the Ukrainian authorities to review the procedure for conducting short-term visits in penitentiary institutions with the aim of ensuring they are conducted, as a rule, in open conditions (CPT/Inf (2024) 20, point 99).

23. According to official documentation, the staff shortage at the institution as of 15.12.2025 is 167.5 authorized units. At the same time, in the report to the Government of Ukraine on the results of the 2023 visit, the Committee emphasizes that ensuring a positive climate in a penitentiary institution requires the presence of a professional team of staff, which must be present in sufficient numbers at any moment in places of detention. Insufficient staffing only increases the risk of violence and intimidation between prisoners. The shortage of staff who are on the ‘front line’ also undermines the quality and level of measures offered to prisoners and jeopardizes the prospects for 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 Ukrainian penitentiary institutions where a low level of staffing is observed, with the aim of strengthening the presence of security and supervision staff inside the institutions. It is also necessary to take measures to end the practice of 24-hour shifts for staff on duty (CPT/Inf (2024) 20, point 93).

24. As of the day of the monitoring visit, over one thousand two hundred persons were held in the institution, which makes KCC-80 one of the largest institutions in Ukraine by the number of prisoners. Under such circumstances, ensuring safety conditions, in particular the proper functioning of the civil protection shelter, acquires fundamental importance in the context of fulfilling state obligations regarding the protection of the right to life, human dignity, and freedom from cruel or degrading treatment.

The shelter examined by the monitoring group, marked as a protective structure with an assigned registration number, formally exists within the colony’s infrastructure. At the same time, its design characteristics, technical condition, and functional capacity do not meet the fundamental requirements of legislation and specialized state building codes.

First and foremost, the absence of an emergency exit makes evacuation impossible in the event of a collapse of the single entrance or the blocking of access to the structure. Such a situation contradicts basic safety requirements defined by the current version of DBN V.2.2-5:2023 ‘Buildings and structures. Civil protection shelters’, and also does not comply with the general principles of proper treatment of persons deprived of liberty, enshrined in the Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

The protective structure is not equipped with a sewage system, which makes a prolonged stay of people impossible without risks to the sanitary state, health, and hygiene. The absence of basic life support conditions is incompatible with the requirements of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which prohibits degrading treatment.

The existing ventilation system shows no signs of effective filtration and does not demonstrate proper technical maintenance. Slow air exchange, corrosion of ventilation pipes, and the absence of autonomous power supply for ventilation equipment make it impossible to maintain a vital microclimate in the event of mass shelter of people.

Solid-fuel stove heating, available in the shelter, can be regarded as a positive element of the infrastructure. At the same time, the autonomy of such a heat source is not accompanied by the provision of an appropriate level of fire safety. Visual inspection indicates the absence of fire extinguishers, fire alarms, and primary fire extinguishing means, which creates a risk of an emergency situation arising directly in the shelter.

Sleeping places are represented by metal beds, mostly in an unsatisfactory technical condition, without mattresses, bedding, or sanitary kits. The absence of backup lighting, first-aid kits, personal protective equipment, and water supply sources makes the shelter unsuitable for the safe and prolonged stay of persons in the event of a threat.

Furthermore, the shelter, by its capacity, is not able to provide refuge for all prisoners held in the institution, even for a short period of time. The aforementioned directly contradicts the provisions of Article 19 of the Civil Protection Code of Ukraine, according to which management bodies are obliged to ensure the protection of every person present in the corresponding territory or institution in the event of an emergency situation.

Taking into account what has been stated, the state of the shelter in KCC-80 indicates a systemic inability of the institution’s administration to ensure the implementation of the state’s obligations regarding the creation of safe conditions for persons who cannot independently leave the premises of the facility. The absence of basic engineering solutions, non-compliance with requirements for minimum technical equipment, and the general dilapidated state of the premises require an urgent response both from the management hierarchy of the State Criminal Executive Service of Ukraine and from the local self-government bodies responsible for civil protection objects in the corresponding territory.

25. During the monitoring visit, the state of compliance with the right to work and social protection of prisoners in KCC-80 was investigated. According to information provided by the institution’s administration, the total number of employed prisoners as of 15.12.2025 is 375 persons. Of these, only 23 persons are engaged in work on the basis of employment contracts, while the vast majority — 352 persons — work on the basis of civil law contracts (CLC).

Regarding employment areas, the administration reported the engagement of 17 prisoners in household work, 9 in workshops, 2 in subsidiary production, 1 in long-term visitation rooms, 198 in production, as well as 123 prisoners in workshops.

A comparison with the results of the previous monitoring visit indicates that the situation in the sphere of realizing the right to work and social protection has not only failed to improve but has significantly worsened. The use of prisoner labour continues to have a mass and systemic character. At the same time, an expansion of practices of concealing the real volume of employment, actual working conditions, and its payment has been recorded.

Separately, it should be noted that obstacles were created in the access of the monitoring group to documentation without which it is impossible to verify compliance with the labour and social guarantees of prisoners. As during previous visits, prisoner labour is organized through household services of the institution, production units, and industrial zone brigades, as well as through the conclusion of cooperation agreements and civil law contracts with private contractors.

At the same time, during the monitoring visit, the institution’s administration did not provide the staffing schedule, which made it impossible to verify the correspondence of the work actually performed by prisoners to the provided staff positions and functional duties, in particular in the canteen. Furthermore, the administration refused to provide information regarding the accrual and payment of wages both in the canteen and in other production subdivisions, including the DPD-2 workshop, where facts of overtime and night work were recorded.

Such a refusal actually deprived the monitoring group of the possibility to verify compliance with minimum state guarantees in labour remuneration, provided for by labour legislation, and creates well-founded grounds to believe that the real level of wages or facts of unpaid labour are deliberately concealed.

In the sphere of household services of the institution, in particular in the canteen, the engagement of over twenty prisoners was recorded, while the actual number of persons performing the work was 25. An analysis of inventory logs and other accounting documents shows that a portion of prisoners is engaged in work on a permanent daily basis, including on weekends. In particular, facts of work on Sundays 07.12.2025 and 14.12.2025 were established.

In the absence of information on the accrual and payment of wages, it is impossible to verify whether compensation was provided for work on weekends, as required by the norms of labour legislation, which gives grounds to consider such labour as unpaid or paid in violation of established guarantees.

In production workshops and shops of the industrial zone, the violations have acquired an even more systemic and gross character. The institution’s administration continues to massively apply civil law contracts with prisoners, in fact masking employment relationships as the provision of services, while the nature of the work performed indicates permanent, organized, and subordinate employment to the internal labour schedule.

Such a practice was already recorded during the previous monitoring visit but was not eliminated and, on the contrary, spread to new production areas, which indicates its persistent systemic character. An examination of the logs of receiving and handing over prisoners by production staff and logs of hourly checks at workstations confirmed the systematic involvement of prisoners in overtime, night work, and work on weekends.

If previously cases of work until 21:00-22:00 were recorded, then during this visit, even grosser violations were established. In particular, in the DPD-2 workshop, prisoners actually work in two shifts. According to the rosters for taking prisoners to work, the second shift ends at 23:00, however, according to the log of hourly checks on 13.12.2025, a Saturday, at 23:45, 20 prisoners were present in the DPD-2 workshop. This indicates the performance of work at night and beyond any permissible norms of the duration of the working day.

In the absence of information about labour payment, it is impossible to establish whether such work was paid at an increased rate or whether the compensation provided by legislation was granted.

Separately, the continuation of the illegal practice of applying the fifth part of Article 118 of the Criminal Executive Code of Ukraine regarding unpaid labour for non-designated purposes was established. The interviewed prisoner R. reported that for a long time he has been working as a plumber on a permanent basis, performs corresponding work daily, and actually ensures the functioning of the institution’s engineering networks, including in the industrial zone.

A number of prisoners also performed unpaid work in the canteen.

The mentioned work has no relation to the improvement of the institution, however, it is performed without pay with reference to the norm regarding two hours of unpaid labour. Such a practice is a direct violation of the requirements of Article 118 of the CEC of Ukraine and indicates the illegal use of unpaid labour to ensure the household activity of the institution. Similar facts were recorded during the previous monitoring visit and were not eliminated.

The refusal of the institution’s administration to provide the staffing schedule, employment and civil law contracts, as well as wage information, cannot be justified by reference to the protection of personal data or limited access to information. In accordance with the eighth part of Article 6 of the Law of Ukraine ‘On Access to Public Information’, the information is subject to restricted access, not the document, and in the case that the document contains information with restricted access, information to which access is not restricted must be provided. Point 2 of the first part of Article 7 of the Law of Ukraine ‘On Personal Data Protection’ provides that restrictions on the processing of personal data do not apply if such processing is necessary for the exercise of rights and fulfillment of duties in the sphere of labour legal relations. The second part of Article 11 of the Law of Ukraine ‘On Information’ allows the processing and use of confidential information without the consent of the individual in cases defined by law, in particular, in the interests of protecting human rights.

Consequently, the institution’s administration was obliged to provide the requested documents, if necessary, with the anonymization of personal data, and not to completely refuse access to them.

In aggregate, the established facts indicate that in KCC-80, the situation regarding compliance with the right to work and social protection of prisoners compared to the previous monitoring visit has significantly worsened. The labour of prisoners is used massively, including overtime, at night, and on weekends, without proper legal registration and without the possibility to verify its payment. The combination of refusals to provide key documentation, the repeatability of established violations, and their non-elimination after previous remarks give grounds to regard the actions of the administration as a deliberate concealment of systemic violations of the labour rights of prisoners and obstruction of the legitimate activity of the monitoring group, which is carried out in the interests of protecting human rights.

Medical Unit No. 80 of the branch of the State Institution ‘Health Care Center of the State Criminal Executive Service of Ukraine’ in Dnipropetrovsk and Donetsk Regions

The head of Medical Unit No. 80 of the branch of the State Institution ‘Health Care Center of the State Criminal Executive Service of Ukraine’ in Dnipropetrovsk and Donetsk Regions is Oleksandra Mykolaivna Shakhman.

At the time of the visit, the position of general practitioner — family doctor — was not filled (0.5 authorized unit), and the position of psychiatrist — 0.5 authorized unit.

During the monitoring visit, violations of the requirements of national legislation and non-compliance with international recommendations in the sphere of prisoner treatment were identified, which lead to violations of the rights of prisoners:

1. During the visit, the monitoring group established that medical staff do not ensure the proper documentation and recording of bodily injuries of persons deprived of liberty. In accordance with point 3 of chapter 1 of section II of the Procedure for organizing the provision of medical care to persons sentenced to imprisonment, approved by order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572 (hereinafter — the Procedure), in the event of detecting bodily injuries in a prisoner, the medical worker who discovered such injuries compiles a certificate in three copies, which details: information (written statement, oral or written explanation of the prisoner) regarding the circumstances of receiving bodily injuries (date, time, place of receipt, method of infliction, information about the person (persons) who, in the prisoner’s opinion, caused them, as well as other information regarding receiving bodily injuries); a comprehensive description of medical indicators characterizing the state of health of the prisoner, the nature of injuries, their size and location; the medical worker’s assumption in view of the information provided by the prisoner and medical indicators, as well as the justification of their correlation.

To the certificate, the medical worker attaches the form of primary accounting documentation No. 511/o ‘Certificate on the recording of bodily injuries’, approved by order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, registered with the Ministry of Justice of Ukraine on 28.04.2012 under No. 661/20974, and photographs of the existing bodily injuries of the prisoner. Two copies of the certificate and its attachments are added to the materials of the personal file and the medical card of the outpatient patient No. 025/o, and the third copy is issued personally to the prisoner who underwent the examination.

Instead, as established during the monitoring visit, in cases of detecting bodily injuries, the medical staff actually only fill out the form of primary accounting documentation No. 511/o without compiling a certificate in three copies and without carrying out the full complex of actions provided for by the Procedure. This indicates a systemic violation of the requirements of point 3 of chapter 1 of section II of the Procedure and improper organization of medical recording of bodily injuries.

2. During the study of medical documentation, it was established that in the medical cards of the outpatient patient No. 025/o, to the compiled certificates, photographs of existing bodily injuries are not attached, as provided for by point 3 of chapter 1 of section II of the Procedure. At the same time, in the report on the results of the visit to Ukraine in 2023, the Committee notes that any traumatic injuries discovered during a medical examination must be photographed in detail, and photographs together with body charts should be kept in the individual medical file of the person (CPT/Inf (2024) 20, point 82).

3. According to points 2 and 3 of chapter III of section II of the Procedure, a general practitioner (or family doctor), a psychiatrist, and a dentist must participate in the preventive medical examination. At the same time, in the medical unit, the positions of general practitioner and psychiatrist are vacant, which indicates the incompleteness of the conduct of the initial and preventive medical examination, due to which prisoners and detainees do not receive proper medical care.

The aforementioned contradicts point 38 of the Committee’s recommendations, in which it is noted that medical services in places of detention must be able to provide medical care and treatment, as well as a corresponding diet, physiotherapy, rehabilitation, or any other special care at the same level as is offered to patients in civilian medical facilities. Provision must be made for staffing with medical, auxiliary medical, and technical personnel, as well as provided appropriate premises, equipment, and apparatus (CPT/Inf (93) 12-part).

4. In violation of the requirements of the Rules for the use of physical restraint and (or) isolation during the provision of psychiatric care to persons suffering from mental disorders and forms of primary accounting documentation, approved by order of the Ministry of Health of Ukraine dated 24.03.2016 No. 240 (hereinafter — Rules for the use of physical restraint), a prisoner with mental disorders was kept behind metal bars in a ward that is effectively used as an isolation unit for persons with mental disorders, isolated in the said room for an indefinite period.

The prisoner was in unsanitary conditions: dirty bed linen and everyday clothing, with no signs of proper care. Contamination was recorded on the floor, and soiled plastic containers were present; the walls had numerous instances of damage. The state of the toilet facility is unsatisfactory; there is no flush. In the ward, there is no furniture for storing personal belongings (bedside tables, chairs), which is a violation of point 8.3.5.1 of the DBN V.2.2-10:2022 ‘Healthcare facilities’. Furthermore, in violation of the requirements of rule 22.5 of the European Prison Rules and the Standards of Provision, the room is not equipped with a drinking water tank, and there is no supply and exhaust ventilation.

At the same time, the medical unit has a vacant position for a psychiatrist, which indicates a violation of the prisoners’ right to proper psychiatric care. Moreover, the prisoner reported that during the long period (over one month) of his stay in this ward, he was never taken out for a walk, which is a violation of point 2 of section II of the IRCF, rule 23 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), and rule 27.1 of the European Prison Rules.

Besides this, the prisoner was not provided with a weekly bath, which contradicts point 3.1 of the Regulation on the organization of bath and laundry services for persons held in correctional facilities and pre-trial detention centres, approved by order of the Ministry of Justice of Ukraine dated 08.06.2021 No. 849/5, as well as rule 19.4 of the European Prison Rules and rule 16 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

The specified circumstances, in their aggregate, may be regarded as a violation of the right to health protection guaranteed by Article 49 of the Constitution of Ukraine, and as treatment that contradicts Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms and points 43 and 44 of the Recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf (93) 12-part).

5. In the ward used as an isolation unit for persons with mental disorders, and in the infectious disease isolation unit of the medical part, the monitoring group recorded the installation of a video surveillance camera. At the same time, according to point 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 dated 26.06.2018 No. 2025/5 (registered with the Ministry of Justice of Ukraine on 02.07.2018 under No. 766/32218), as well as the fifth paragraph of point 1 of section XXIII of the IRCF, the use of video cameras and portable video recorders is prohibited in premises (cells) where medical examinations (checks) of prisoners are conducted, as well as during personal strip searches, and in the wards of medical units.

The stated fact indicates a possible violation of the prisoners’ right to confidentiality of information regarding their health status during medical examinations, procedures, or manipulations. This contradicts the requirements of Article 39-1 of the Law of Ukraine ‘Fundamentals of the Legislation of Ukraine on Healthcare’ regarding the right of persons to confidentiality of their health status, as well as point 9 of section I of the Procedure.

6. In violation of the requirements of the Instruction on filling out the form of primary accounting documentation No. 003/o ‘Medical card of an inpatient’, approved by order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, which provides for the mandatory entry into the said form of all data regarding treatment and diagnostics in the inpatient facility, including information obtained during the examination of the patient and the doctor’s prescriptions, the monitoring group established the fact of the absence of completed medical cards of an inpatient (form No. 003/o) for two out of thirteen persons who, at the time of the visit, were in wards for inpatient treatment in the medical unit.

7. In violation of the requirements of the Instruction on filling out the form of primary accounting documentation No. 003-6/o ‘Informed voluntary consent of the patient to the provision of diagnostics, treatment, and to the conduct of an operation and anaesthesia and to the presence or participation of participants in the educational process’, approved by order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, it was established that two patients who were in the inpatient facility of the medical unit lacked signed informed voluntary consent for the provision of diagnostics and treatment.

The aforementioned may indicate the absence of voluntary consent of the patient to the application of diagnostic, preventive, and treatment methods towards them, which is a violation of Article 43 of the Law of Ukraine ‘Fundamentals of the Legislation of Ukraine on Healthcare’ and point 47 of the Committee’s recommendations (CPT/Inf (93) 12-part).

8. The medical unit does not organise the provision of opioid agonist therapy (hereinafter — OAT) for persons with mental and behavioural disorders resulting from opioid use, in accordance with the Procedure for the provision of opioid agonist therapy to persons with mental and behavioural disorders resulting from opioid use, approved by order of the Ministry of Health of Ukraine dated 27.03.2012 No. 200.

Drug-dependent persons are not provided with social and psychological support, cognitive behavioural therapy (CBT), relapse prevention, motivational interviewing, mutual aid groups, etc. Thus, these persons 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 the Legislation of Ukraine on Healthcare’.

At the same time, in the report on the results of the visit to Ukraine in 2023, the Committee notes that admission to a penitentiary institution is an opportunity to solve the problem associated with drugs, and therefore it is important that appropriate assistance be offered to all interested persons; consequently, appropriate medical services must be available in all institutions. Furthermore, access to OAT programmes in institutions should be easily accessible, and they should also be managed by penitentiary doctors who have undergone special training on issues related to drug use (CPT/Inf (2024) 20, point 86).

9. Dispensary supervision is provided for 16 persons with disabilities. Of them, 2 persons have group I, 4 persons have group II, and 9 persons have group III. At the same time, in violation of the requirements of the Law of Ukraine ‘On the rehabilitation of persons with disabilities in Ukraine’, persons with disabilities do not receive proper diagnostic, treatment, and rehabilitation measures, despite the presence of information confirming a persistent impairment of bodily functions caused by diseases and the consequences of injuries, which cause limitations in normal life activities.

Thus, during the study of the prisoners’ medical documentation, it was established that 5 persons with disabilities lacked an individual rehabilitation programme (hereinafter — IRP). Moreover, the recommendations of the IRP are not being implemented, due to which such persons do not receive proper diagnostic, treatment, and rehabilitation measures.

10. In violation of the requirements of DBN V.2.2-40:2018 ‘Inclusivity of buildings and structures. Basic provisions’, no conditions for the stay and receipt of medical care by people with disabilities have been created in the medical unit.

11. In violation of point 37 of the Resolution of the Cabinet of Ministers of Ukraine dated 02.03.2016 No. 285 ‘On approval of Licensing conditions for carrying out economic activities in medical practice’, the medical unit lacks a conclusion 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 dated 15.01.2021 No. 51, not all persons with suspected viral hepatitis C undergo PCR testing, due to which they do not receive the necessary treatment, which may lead to the deterioration of their health and the spread of the specified infectious disease among prisoners.

13. In violation of the Procedure for organizing medical care at the primary, secondary (specialized), and tertiary (highly specialized) levels using telemedicine, approved by order of the Ministry of Health of Ukraine dated 19.10.2015 No. 681, the staff of the medical unit, due to technical limitations, are deprived of the opportunity to send requests for telemedical consultations and receive professional assistance for the provision of medical services to prisoners.

14. In violation of the requirements of the Schedule of equipment for one workstation of a dentist and dental technician, approved by order of the Ministry of Health of Ukraine dated 11.04.2005 No. 158, the medical unit lacks a dental X-ray machine, which makes it impossible to conduct an in-depth dental examination of prisoners and does not ensure the timely provision of proper dental care.

15. In violation of the requirements of the Standards of entitlement to bedding, special clothing, and special footwear (inventory property) for prisoners undergoing treatment in medical and preventive facilities, facilities with the status of medical ones, and in medical units at correctional facilities and pre-trial detention centres, approved by order of the Ministry of Justice of Ukraine dated 20.02.2012 No. 280/5, prisoners do not receive hospital property (hospital suit, robe, and slippers). Prisoners are in the inpatient facility in their everyday clothing, sometimes with their own bed linen.

16. In violation of the requirements of parts one and two of Article 115 of the CEC of Ukraine, it was established that the majority of the inspected wards are in an unsatisfactory technical condition and require repair work, in particular, the installation of new windows, the replacement of sanitary-technical equipment, and the renewal of electrical networks. In a number of wards, a persistent unpleasant odour and unsanitary conditions were recorded.

In ward No. 4, the beds are located directly adjacent to one another, which does not ensure prisoners have personal space and contradicts the requirements of DBN V.2.2-10:2022 ‘Healthcare facilities’. Bedding (pillows, mattresses, blankets) is worn out and requires replacement. The toilets are not equipped with bowls, which makes their proper and comfortable use impossible. Furthermore, in violation of the requirements of rule 22.5 of the European Prison Rules and the provisions of the Standards of Provision, the ward premises are not equipped with drinking water tanks.

17. In violation of the requirements of Measures and means for preventing infection during the provision of care to patients, approved by order of the Ministry of Health of Ukraine dated 03.08.2020 No. 1777, only one isolation unit for infectious patients is equipped in the medical unit, which makes it impossible to simultaneously house patients with dangerous infectious diseases separately from one another and from other prisoners.

Furthermore, the isolation unit for persons with infectious diseases does not comply with sanitary-hygienic standards and the requirements of DBN V.2.2-10:2022 ‘Healthcare facilities. Basic provisions’. Thus, the ward intended for the detention of such patients is not equipped with a shower cabin, which forces infectious patients to use common sanitary facilities together with other held persons who are undergoing treatment in the inpatient facility of the medical unit. The absence of proper conditions makes effective isolation of patients impossible, facilitates the spread of infectious diseases, and creates a threat to the health of both prisoners and medical staff.

18. In violation of the tenth paragraph of point 2 of section XVII of the IRCF, a prisoner who performs the functions of an orderly remains in the inpatient facility of the medical unit around the clock. During confidential communication with prisoners who were undergoing treatment in the inpatient facility, the monitoring group established that various tasks are entrusted to him, in particular, the care of the seriously ill, cleaning of premises, and the fact that he occupies a sleeping place in one of the inpatient wards. The stated violates the requirements of Article 96 of the CEC of Ukraine.

At the same time, the Committee has repeatedly recommended ending the practice of using prisoners as assistants in medical units and as orderlies (report of the Committee on the results of the visit to Ukraine in 2005 (CPT/Inf (2007) 22) point 132); in 2013 (CPT/Inf (2014) 15) point 151); in 2017 (CPT/Inf (2018) 41) point 86).

19. According to point 7 of chapter III of section II of the Procedure, prisoners working at food facilities (except for work related to the positions of salespeople, managers of food and clothing warehouses, storekeepers), in the processing industry, in children’s homes, general secondary education institutions, vocational training units in special educational colonies, medical units (feldsher posts), and hospital facilities of the SCES (except for work related to the provision of medical care), laundries, bathhouses, rooms for long-term visits, dormitories, clubs, at water supply and sewage facilities, and at livestock breeding and rearing units, undergo mandatory preliminary and preventive medical examinations in accordance with the Resolution of the Cabinet of Ministers of Ukraine dated 23.05.2001 No. 559 ‘On approval of the list of professions, productions, and organizations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations and issuing personal medical books’.

For each prisoner of the specified category, a form of primary accounting documentation No. 1-OMK ‘Personal medical book’ is opened, approved by order of the Ministry of Health of Ukraine dated 21.02.2013 No. 150, registered with the Ministry of Justice of Ukraine on 23.04.2013 under No. 662/23194.

At the same time, during the inspection of personal medical books of prisoners working in the canteen, it was established that the specified workers had not undergone an examination by a general practitioner and an otolaryngologist, which violates the requirements of point 6 of the Rules for conducting mandatory preventive medical examinations of employees of certain professions, productions, and organizations whose activity is related to serving the population and may lead to the spread of infectious diseases, approved by order of the Ministry of Health of Ukraine dated 23.07.2002 No. 280 (as amended by the order of the Ministry of Health of Ukraine dated 21.02.2013 No. 150).

20. There is no hot water supply in the doctors’ offices. The workstations of medical staff do not meet the requirements of current legislation, which violates Article 19 of the Law of Ukraine ‘Fundamentals of the Legislation of Ukraine on Healthcare’ and Article 13 of the Law of Ukraine ‘On Occupational Safety’.

21. In violation of the requirements of the Fire Safety Rules in Ukraine, approved by order of the Ministry of Internal Affairs of Ukraine dated 30.12.2014 No. 1417 (hereinafter — Rules), the premises of the medical unit are not equipped with fire extinguishing and fire alarm systems.

Recommendations:

1. Ensure compliance with the living space standard of no less than 4 m² per person in residential SPS premises, in particular by preventing the placement of persons in excess of the capacity of the premises and reducing the actual number of persons in overcrowded dormitories.

2. Rearrange the placement of beds in sleeping rooms in such a way as to ensure minimum personal space and privacy, ending the practice of placing beds directly adjacent to one another.

3. Ensure the availability and proper sanitary state of toilets accessible for use at night, and stop the practice of forced use of outdoor toilets; equip sanitary facilities with doors or partitions that guarantee privacy.

4. Ensure a proper level of natural and artificial lighting in the SPS residential premises and the QDD unit by conducting a technical audit, repair, and replacement of lighting networks.

5. Equip residential premises with drinking water tanks and ensure a sufficient number of bedside tables and stools in accordance with established standards of provision.

6. Carry out capital repairs of premises that are in an unsatisfactory technical condition, including the replacement of faulty electrical networks and the elimination of factors affecting safety and dignified conditions of detention.

7. Ensure the proper organization of work with newly arrived prisoners in the QDD unit by the actual implementation of the orientation programme, the restoration of regular visits to the QDD by all members of the working group, and the proper maintenance of visit logs.

8. Bring the composition of the working group for work with newly arrived persons into compliance with the Regulation on the QDD unit, in particular, include the head of the financial support and accounting department, and include the head of the medical unit in the special commission for the distribution of newly arrived persons.

9. Immediately cease the practice of using prisoners as ‘orderlies’ for control, supervision, and influence over other prisoners, prohibiting the delegation of any functions of maintaining order, disciplinary control, or constant supervision to them.

10. Cease the involvement of prisoners in work without the conclusion of an employment contract and without payment; ensure proper registration of labour relations and payment for work in accordance with legislative requirements.

11. Ensure that in the QDD unit premises, the actual number of beds and persons housed does not exceed the design indicators, with the introduction of control and the designation of persons responsible for the accounting of bed space and numbers.

12. Urgently restore the functionality of the heating system in the QDD unit and ensure a proper temperature regime; eliminate the causes of dampness (repairs, waterproofing, ventilation), prevent the formation of mould, and ensure proper conditions for personal hygiene, including functional showers.

13. Replace worn-out, damp, or unsuitable mattresses and pillows and ensure the proper state of bedding in accordance with property provision standards.

14. Cease the practice of placing name cards with a short description of the crime on beds.

15. Review the practice of video surveillance in residential premises by introducing an individual risk assessment, temporality, and regular review of the expediency of applying video control with the aim of preventing disproportionate interference in private life.

16. Ensure a proper level of natural lighting in the DISO/PKT cell premises through engineering solutions that guarantee access to light and reduce the isolation effect of ‘blind’ window openings.

17. Equip toilets in the DISO/PKT with floor-to-ceiling partitions that ensure privacy, and ensure the proper hygienic state of sanitary facilities and the regular conduct of anti-epidemic measures.

18. Ensure the systematic delivery to prisoners of copies of decisions on the imposition of disciplinary penalties with an explanation of the procedure for their appeal and information about the right to legal assistance in disciplinary proceedings.

19. Immediately eliminate video surveillance that covers sanitary facilities in cells by changing the angle of view or relocating cameras to guarantee confidentiality while using the toilet.

20. Ensure the availability in the institution’s shop of goods provided for by the IRCF, including tobacco products, in accordance with the established list.

21. Ensure strict compliance with the procedure for the selection and storage of daily samples of each dish, introducing daily control by responsible persons and medical staff.

22. Install a cloakroom in the canteen in order to prevent prisoners from eating in their outer clothing.

23. Restore the operation of the disinfection chamber or provide another proper mechanism for the disinfection and disinfestation of bedding and clothing.

24. Ensure the functional operation of supply and exhaust ventilation and adherence to the temperature regime in bathhouse and laundry premises with regular technical checks and recording of indicators.

25. Ensure proper individual numbering of special means (helmets, bulletproof vests, etc.) for the purpose of identifying personnel in the event of the use of force or special means.

26. Cease the practice of open carrying of special means by personnel in direct contact with prisoners and ensure their maximally concealed carrying in accordance with the requirements of the IRCF and CPT recommendations.

27. Strengthen work on the processing (renewal) of passports, the obtaining of the RNTK, and other documents by establishing a schedule plan, identifying responsible persons, keeping records of requests, and controlling results in cooperation with competent authorities.

28. Review the practice of conducting short-term visits, ensuring the priority of an open format, and the application of a non-contact format only as an exception on the basis of a reasoned decision after an individual risk assessment.

29. Take measures to significantly increase staff levels, primarily in units providing supervision and security, and cease the practice of excessively long shifts.

30. Ensure the shelter complies with established safety requirements by arranging an emergency exit, providing a sewage system or another solution for sanitary needs, proper ventilation, water supply, and basic technical equipment for a prolonged stay of people.

31. Equip the shelter with fire extinguishing and warning means, backup lighting, first-aid kits, a supply of drinking water, minimal personal protective equipment, as well as proper sleeping places with sanitary kits.

32. Develop and implement a realistic shelter plan for all persons in the institution, taking into account the actual number; in case of insufficient capacity, define additional or alternative protective structures and coordinate the solution with civil protection authorities.

33. Ensure the priority of applying employment contracts in cases of actual employment relationships and cease the practice of massively using civil law contracts as a substitute, while ensuring social guarantees.

34. Introduce full working time accounting and ensure payment for labour in compliance with minimum state guarantees, including increased payment for night work, overtime, and work on weekends, with regular internal audits of accruals.

35. Cease the use of unpaid labour for non-designated purposes, in particular for performing permanent household work, and ensure proper registration and payment for such work.

36. Take measures aimed at eliminating identified human rights violations and preventing torture, other cruel, inhuman, or degrading treatment or punishment in Medical Unit No. 80 of the branch of the State Institution ‘Health Care Center of the State Criminal Executive Service of Ukraine’ in the Dnipropetrovsk and Donetsk regions.

37. Ensure control over the proper maintenance of medical documentation in accordance with the Procedure for organizing the provision of medical care to persons sentenced to imprisonment, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572, and other regulatory legal acts.

38. Ensure the staffing of the medical unit with specialist doctors in accordance with needs.

39. Ensure the timely and proper documentation of bodily injuries in prisoners.

40. Cease the practice of isolating persons with mental disorders in violation of the requirements of the Rules for the use of physical restraint; ensure proper sanitary-hygienic conditions of detention, the staffing of the psychiatrist position, access to daily walks, regular bathing, drinking water, and ventilation, and bring the conditions of detention into compliance with national and international standards in order to prevent violations of Articles 3 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

41. Ensure the maintenance of form No. 003/o ‘Medical card of an inpatient’ for all patients undergoing inpatient treatment, in accordance with the requirements of the Procedure.

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

43. Cease the practice of using prisoners as assistants in medical units and the institution.

44. Dismantle video surveillance cameras from the premises of the medical unit.

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

46. Ensure all persons with suspected HCV have access to PCR testing in the shortest possible time and organize the necessary antiviral treatment for persons with a confirmed diagnosis.

47. Ensure the conduct of urgent repair work in ward premises, the renewal of sanitary-technical equipment, bedding, and compliance with requirements for hygiene, privacy, and access to drinking water.

48. Ensure the equipment of the necessary number of isolation units for infectious patients.

49. Provide the medical unit with hospital property (suits, robes, and hospital slippers).

50. Bring the working conditions of medical personnel into compliance with the requirements of legislation in the sphere of healthcare and occupational safety.

51. Ensure the conduct of individual rehabilitation for persons who need it.

52. Ensure the accessibility of the institution’s buildings in accordance with DBN Ukraine V.2.2-40:2018 ‘Inclusivity of buildings and structures. Basic provisions’.

53. Ensure the proper operation of the telemedicine complex for doctors to make requests for telemedical consultation.

54. Ensure the receipt of informed consent from patients for examination and treatment in the established form.

55. Provide the medical unit with a dental X-ray machine and necessary equipment for conducting full dental examination and treatment.

56. Fulfill the requirements of point 37 of the Resolution of the Cabinet of Ministers of Ukraine dated 02.03.2016 No. 285 ‘On approval of Licensing conditions for carrying out economic activities in medical practice’.

57. Ensure all canteen workers have personal medical books and the full complex of medical examinations provided for by the Procedure, necessary for admission to work at food facilities.

58. Eliminate violations of fire safety requirements.


This material was produced within the framework of the project “Seeking Justice for Survivors” implemented by Kharkiv Human Rights Protection Group together with DIGNITY – the Danish Institute Against Torture, with financial support from the Ministry of Foreign Affairs of Denmark.
The opinions, conclusions, and views expressed in this article are the responsibility of its authors and may not coincide with the official position of DIGNITY and the Ministry of Foreign Affairs of Denmark.

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