Donetsk Memorial • Kharkiv Human Rights Group
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This section contains a selection of court rulings relating to the operation of the prison system and the protection of the rights of convicted persons and those in custody. It brings together case law from national courts at various levels concerning conditions of detention, appeals against decisions made by prison authorities, and other relevant legal aspects. The materials are aimed at lawyers, human rights defenders and anyone interested in legal practice in this field.

Court decision regarding the unlawful actions of the head of the Chernihiv Department

Judgment of the Budyonny District Court of Donetsk of 14 September 2007 regarding the administrative claim of Oleksandr Bukalov, head of the human rights organisation “Donetsk Memorial”, concerning the unlawful refusal to provide information by V. I. Lopatin, Head of the Department of the State Department of Ukraine for the Execution of Sentences in the Chernihiv Region. Provided are the texts of the court judgment, the administrative claim, the statement of defence by the Department of the State Department of Ukraine for the Execution of Sentences in the Chernihiv Region against the administrative claim of O. Bukalov, and his observations regarding these objections.

Court ruling regarding the unlawful actions of the head of the department administration in the ARC

Decision of the Zaliznychnyi District Court of Simferopol, dated 12 May 2006, regarding the administrative lawsuit filed by Oleksandr Bukalov, head of the human rights organisation “Donetsk Memorial”, for the recognition as unlawful of the actions – failure to provide requested information regarding the activities of penal institutions – by the Acting Head of the Administration of the State Department for the Execution of Punishments in the Autonomous Republic of Crimea, M.I. Spiridonov. Provided are the texts of the court decision and the administrative lawsuit.

Court ruling regarding the unlawful actions of the head of the Department administration in the Mykolaiv region

Decision of the Budionivskyi District Court of Donetsk, dated 14 September 2007, regarding the administrative lawsuit filed by Oleksandr Bukalov, head of the human rights organisation “Donetsk Memorial”, concerning the unlawful refusal to provide information by the Head of the Department administration in the Mykolaiv region, O.V. Honcharenko. Provided are the texts of the court decision and the administrative lawsuit.

Court ruling on the recognition of the actions of the Head of the State Department of Ukraine for the Execution of Punishments, V. V. Koshchynets, as illegal.

The ruling of the Donetsk District Administrative Court dated 10 June 2008, regarding the administrative claim of Oleksandr Bukalov, head of the human rights organisation “Donetsk Memorial”, on the recognition of the actions of the Head of the State Department of Ukraine for the Execution of Punishments, V. V. Koshchynets, as illegal due to the untimely provision of information in response to a request. Included are the texts of the court ruling, the administrative claim, three request letters, and the Department’s order, according to which certain employees of the agency involved in the untimely provision of information were held accountable.

Court decision regarding the illegal actions of the bodies of inquiry, pre-trial investigation, the Prosecutor's Office, and the court in the Kharkiv region in relation to citizen I. V. Oliynyk.

The plaintiff, I. V. Oliynyk, appealed to the court with a claim against the Prosecutor's Office of the Kharkiv region for compensation for damage caused by the illegal actions of the bodies of inquiry, pre-trial investigation, the Prosecutor's Office, and the court. He was detained on suspicion of committing a robbery and intentional homicide. During the preliminary investigation, systematic beatings and torture were applied to the plaintiff, under the influence of which he was forced to write a confession and admit his guilt in crimes in which he was not involved. The prosecutor's office allowed a whole series of gross violations of the law during the investigation. By the court's decision of 19 June 2008, the plaintiff must be compensated at the expense of funds from the state budget of Ukraine for moral damage in the amount of

Court decision regarding the illegal actions of the bodies of inquiry, pre-trial investigation, the Prosecutor's Office, and the court in the Kharkiv region in relation to citizen Yu. V. Vysochynenko.

The plaintiff, Yu. V. Vysochynenko, appealed to the Court with a claim against the Prosecutor's Office of the Kharkiv region for compensation for damage caused by the illegal actions of the bodies of inquiry, pre-trial investigation, the Prosecutor's Office, and the court. He was illegally detained by police officers and, as a result of abuse, systematic beatings, and torture, was forced to sign a confession and admit his guilt in the commission of a robbery and intentional homicide. During the preliminary investigation, the prosecutor's office allowed a whole series of gross violations of the law. By the court's decision of 13 June 2008, the plaintiff was awarded moral damages in the amount of 1,000,000 (one million) hryvnias. The text of the court decision is provided below

The court has recognised that the beating of prisoners was legal

Resolution of the Shepetivka District Court of 30 December 2008 regarding a complaint against the prosecutor’s resolution of 7 February 2007 on the refusal to initiate a criminal case regarding the fact of mass beating of prisoners by special units wearing masks in Izyaslav Penal Colony No 31

Convicts were beaten, the law was not broken… A court ruling.

Resolution of the Shepetivka District Court of 30 December 2008 regarding a complaint against the prosecutor’s resolution of 7 February 2007 on the refusal to initiate a criminal case regarding the fact of mass beating of prisoners by special units wearing masks in Izyaslav Penal Colony No 31.

The Department's Directorate has lost in court again

The Donetsk District Administrative Court has ruled that the failure of the Head of the Directorate of the State Department for the Execution of Punishments in Cherkasy Region to provide information requested by the head of ‘Donetsk Memorial’ was unlawful. The text of the court ruling, the statement of claim, the information request, and the follow-up request are provided below.

Court recognised the refusal to admit a human rights activist into a colony as unlawful

The Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Mordovia (Russia) on 25 May 2010 left unchanged the decision of the Oktyabrsky District Court of the city of Saransk dated 24 March 2010 on the recognition as unlawful of the actions of the head of FBU IK-18 of the Federal Penitentiary Service of Russia for the Republic of Mordovia.

Court recognised the failure to provide a walk to an arrested person as unlawful

The Syktyvkar City Court recognised as unlawful the failure to provide an administratively arrested person with a daily one-hour walk. Text of the decision from 12 May 2010.

Life imprisonment proved to be an error

Citizen R. committed a crime two hours before the entry into force of a provision of the Criminal Code that provided for life imprisonment. In December 2009, the court replaced the initially imposed punishment – life imprisonment – with 15 years of deprivation of liberty. The text of the court decision is provided below.

Quashing of the resolution on the refusal to initiate a criminal case regarding the mass beating at Izyaslav Penal Colony No. 31

The court has once again indicated the necessity of a full and thorough investigation into the circumstances of the mass beating of prisoners in January 2007 by rapid response groups from several penal colonies during a "search" at Izyaslav Penal Colony No. 31. We remind you that the complaints of 18 prisoners to the European Court regarding the beatings have been submitted to the government of Ukraine for communication.