Events at Colony No. 100

On 28 March, a press release appeared on the official website of the State Department for the Execution of Sentences, which stated the following: “The State Department of Ukraine for the Execution of Sentences officially declares that on 27 March 2008, in the Temnivska Penal Colony No. 100, 24 inmates, after lights out, inflicted minor cuts on their arms using blades from disposable razors. The inmates justify their actions by citing an overly strict regime of detention. In particular, they are demanding to be granted free movement throughout the institution.

Physical force and special means were not applied to the inmates.

At the present time, the situation in the institution is stable. A commission consisting of representatives of the State Department of Ukraine for the Execution of Sentences, the Department's directorate in the Kharkiv region, employees of the regional prosecutor's office, and representatives of human rights organisations is working at the scene”.

However, according to information available to human rights defenders at that time, the situation in the colony remained unstable. Throughout 28 March, the majority of the inmates who protested against the inhuman conditions of detention did not have the opportunity to meet with media representatives or the public representative who was admitted to the colony's territory. On 28 March, Lyudmyla Klochko, an employee of the Kharkiv Human Rights Group, contacted the deputy of the Public Council under the Department's directorate, who was in the colony; the head of the Department's directorate was also there, but nothing could be clarified. Lyudmyla Klochko informed Kharkiv journalists about the emergency in the colony.

During her time in the colony, Lyudmyla Klochko met with the inmates who had inflicted bodily harm upon themselves. At the moment of Lyudmyla Klochko's arrival at the colony, the “protesters” were waiting with their belongings in the medical unit premises.

Lyudmyla Klochko recounts: “Of course, I was not allowed to speak without colony staff present, but I found out from Serebryansky (the inmate who first began the protest) that the reason for his action was biased treatment by the ‘detachment officer’. The inmate himself feared that a criminal case could be opened against him under Article 391 of the Criminal Code. The colony administration denies such intentions because Serebryansky had 54 days left on his sentence, and the administration representative stated that he did not want to see Serebryansky in his colony for any longer than necessary. Serebryansky and 20 others are feeling satisfactory; some have one arm bandaged, some have two. Two demonstrated fresh abrasions on their legs, claiming they had fallen. Everyone was calm.

The situation in the living zone was quite different. A group of inmates had gathered there, demanding that those who had cut their arms be returned from the medical unit. They explained their demands by fearing for the lives and health of their comrades, assuming that some kind of repressive measures would be applied to them. Rumours about special forces (spetsnaz) reached every ear. I was asked if I had seen the special forces. I did indeed see two or three men in camouflage and black masks when I entered the colony. In general, the inmates were initially distrustful of me and demanded documents proving that I was from a human rights group. The KHRG does not use identification cards, so I had nothing to show. Some left with insults. But others came closer and a conversation began. Of course, colony employees were present. Some of the inmates had corresponded with me before; they questioned me meticulously about what exactly had been written in my replies to their letters. Thanks to the fact that my memory did not fail me, trust was restored; they believed that I was indeed who I said I was. I describe this episode in such detail so that it is understood that these people trust no one. Why? Probably because they have been deceived often. One by one and all together, they began to talk about their problems. I honestly wrote everything down; here is what they complained about most often:

– We are not treated like human beings; we are neglected; the requirements of the Criminal-Executive Code are not followed.

– Some were not granted short-term visits; others complained that they were deprived of long-term visits when relatives arrived.

– One inmate complained that a parcel sent by his wife was not handed over for several days, and the food items spoiled. Of course, it is painful and insulting to him that his wife buys food with her last money, and it goes to waste.

There are many complaints about medical care: an asthma patient was forbidden from having an inhaler (I hope this issue will be resolved; the colony head took an interest in it). An HIV-positive inmate said he was receiving absolutely no treatment – this problem was known before, and it is now in the stage of final resolution. Several people complained that they are not allowed to have medicine with them, and the medical unit is far away, so you cannot make it in time. They gave an example where a 30-year-old inmate died without reaching the doctor. Many noted the high mortality rate – ‘three people in our detachment have died in a short period’. They talked about a ‘grandfather’ who constantly writes complaints about ‘poor health’, but gets no help.

– There were complaints of a financial nature – a Chernobyl liquidator complained that his pension had been transferred to his location, but the money had not been credited to his account. Other people claimed they were paid very little for work in the industrial zone. ‘They work until seven in the evening, and receive pennies’.

There were also complaints that ‘as soon as benefits approach, they provoke or simply write up violations of the regime’.

Everyone made claims that the journalists who came to the colony during the day were not allowed to see them; they were presented with other people who did not complain about anything, and camera crews were not let in to see us’”.

Demands for a change in the colony's leadership were also voiced.

They also complained about the frequent use of special means, including a straitjacket; moreover, the straitjacket is put on wet, and when it dries, the person experiences terrible agony.

While I was talking to the inmates in the neighbouring ‘local’ sector, three more men wounded their arms; one of them was bleeding heavily. They were taken away for medical assistance.

Later, I was shown a man with an abrasion on his head, which is impossible to get through ‘self-harm’, and a cast on his leg – a broken toe.

Reports were also made about three people who have more serious injuries and are in the medical unit. But I was unable to visit them.

I promised that I would write everything down and pass it on to journalists.”

On 29 March, Lyudmyla Klochko and lawyer Arkady Bushchenko were refused entry to Colony No. 100, with the excuse that representatives of N. Karpacheva were currently there. Nina Ivanivna herself did not arrive. Parents of the inmates are constantly calling the Kharkiv Human Rights Group; they intend to stage a protest under the colony walls and are currently trying to get through to the Kharkiv governor.

But after lengthy telephone negotiations between Yevhen Zakharov and Lyudmyla Klochko with the head of the regional directorate, General Oleksandr Kyzym, an agreement was reached that Lyudmyla Klochko would visit the colony and meet with the inmates. That same evening, Lyudmyla Klochko travelled to Temnivka again.

The visit ended with a promise from the administration not to use force against the inmates, and they ended their hunger strike. Both Lyudmyla Klochko and General Kyzym were satisfied with the results of this visit.

Later, the colony reported that Nina Ivanivna Karpacheva had arrived on the morning of 30 March. An announcement was made over the loudspeaker that those who wished to meet with her should sign up.

The inmates also reported that the night had passed peacefully, but in the morning, several detachments had refused to eat.

At this time, the inmates were demanding only one thing – that no sanctions be applied to them until the end of the investigation – no beatings, no special forces.

And the staff of the Ombudsman's Secretariat continue to work in the colony.

Yevhen Zakharov has been to Colony No. 100 many times since the end of the 80s. He says: “Here, in the strict regime, recidivists are held. In general, the colony has a bad reputation. It was there that for many years there was a ‘press-cell’, where non-compliant inmates were beaten to the sound of music, which is why it was called the ‘music cell’. It was ‘found’ by experts of the European Committee for the Prevention of Torture during a visit to the colony in 2005. Now there is a library in that room, and, as the inmates claim, there is no ‘press-cell’ now – they beat them right in the cell (in the room-type cell), right in the disciplinary isolation cell, etc.). Interestingly, back then, at the end of the 80s – beginning of the 90s, getting into the colony was much easier than it is now. But back then, there was less information about what was happening inside, and getting into the colony to meet an inmate in such a situation was simply impossible. Everything was revealed post-factum.”

And on 31 March, we were notified again that the special forces were beating the inmates, that they had resumed their hunger strike and were again inflicting injuries on themselves. Other sources reported that on the night of 30 to 31 March, several dozen inmates were taken out of Penal Institution No. 100. Where to – it is unknown. We cannot verify these reports.

It would be even desirable to have a thorough study of the causes of the harsh confrontation between the penal institution administration and the inmates and to take measures that would make such conflicts impossible in the future. However, it seems that both the administration and the inmates do not want to admit the rightness of their opponents in any way. When KHRG staff tried to convince them that this position does not contribute to the normalisation of the situation in the colony, the inmates’ reaction was extremely negative: they accused the human rights defenders of collaborating with the administration. And the administration reacted just as nervously to critical remarks directed at them.

Regulatory establishment of visits by independent observers to penal institutions is necessary. The legal grounds for this exist – the Optional Protocol to the UN Convention against Torture, ratified back in July 2006. However, the state leadership shows no desire to do this. The result will be the constant repetition of such conflicts.