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THE DEPARTMENT HAS AGAIN VIOLATED PRISONERS’ RIGHTS WITH ITS ORDER

  V.A. Badyra, Lawyer for the charitable organisation “Chernihiv Women's Human Rights Centre” 
This article was translated using artificial intelligence. Please note that the translation may not be entirely accurate.View the original article
The new Department Order No. 1 of 11 January 2008 does not contain regulatory provisions for granting short-term leave to inmates in connection with exceptional circumstances. This could lead to a violation of their legal rights and interests, and the absence of a procedure for handing over a deceased inmate to relatives for burial leads to a violation of the relatives’ rights.

On 11 January 2008, the State Department of Ukraine for the Execution of Sentences issued Order No. 1 “On Approval of the Instruction on the Work of Departments of Penal Institutions and Pre-Trial Detention Centres for Monitoring the Execution of Court Decisions”.
The order was registered with the Ministry of Justice of Ukraine on 8 February 2008 under No. 109/14800.
This order should have reflected the procedure for granting short-term leave to inmates in connection with exceptional circumstances, as well as the procedure for handing over a deceased inmate or a person held in custody to relatives for burial.
In accordance with Article 111 of the Criminal-Executive Code of Ukraine, inmates held in minimum-security penal colonies, social rehabilitation sectors of medium-security penal colonies, and juvenile colonies may be granted short-term leave outside the colony within the territory of Ukraine in connection with exceptional circumstances (the death or serious illness of a close relative that threatens the life of the patient, or a natural disaster that has caused significant material damage to the inmate or their family).
The provisions of Part 2 of Article 111 of the Criminal-Executive Code of Ukraine provide for the procedure for considering an inmate's application for leave and contain evaluative grounds that are taken into account when granting short-term leave, as well as defining the officials who have the right to grant such permission.
In accordance with Part 3 of Article 111 of the Criminal-Executive Code of Ukraine, it is envisaged that the procedure for granting short-term leave to inmates in connection with exceptional circumstances is determined by the regulatory acts of the State Department of Ukraine for the Execution of Sentences.
Prior to the adoption of the State Department of Ukraine for the Execution of Sentences (SDUES) Order No. 1 of 11 January 2008, this procedure was determined by SDUES Order No. 38dsk of 23 March 2000. In connection with the adoption of Order No. 1 of 11 January 2008, registered with the Ministry of Justice of Ukraine on 8 February 2008, SDUES Order No. 38dsk became void, and SDUES Order No. 1 of 11 January 2008 does not contain provisions regarding the procedure for granting short-term leave to inmates in connection with exceptional circumstances.
The absence of legal regulation regarding the procedure for granting short-term leave to inmates in connection with exceptional circumstances may lead to a violation of their legal rights and interests, and the absence of a procedure for handing over a deceased inmate to relatives for burial leads to a violation of the relatives’ rights.

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