The Annual Report on the observance of prisoners’ rights is being reviewed by state authorities

“Donetsk Memorial” has sent its fifth regular annual report, “Observance of Prisoners’ Rights in Ukraine-2010”, to a number of state institutions. The State Department for the Execution of Punishments has posted information about the report on its official website; responses have been sent by the Ministry of Justice of Ukraine, the Commissioner for Human Rights, and the Department for the Execution of Punishments in the Donetsk Region.

A. M. Paliy, Head of the Department of Criminal, Administrative, Civil Law and Penal Institutions of the Secretariat of the Ukrainian Parliament Commissioner for Human Rights, reports:

To the Chairman of the Board of the Donetsk public historical-educational and human rights charitable organization “Donetsk Memorial”, Chairman of the Penitentiary Society of Ukraine, O. P. Bukalov.
Dear Oleksandr Pavlovych!
We express our respect to you and convey our sincere gratitude for the copy provided of the fifth annual report, “Observance of Prisoners’ Rights in Ukraine - 2009”, which is a significant result of the collective cooperation of the human rights organization “Donetsk Memorial” led by you, the specialists of the Penitentiary Society of Ukraine, and public organizations that address problems in the sphere of observing the rights of prisoners and convicts.
The results of systemic inspections of pre-trial detention centres and places of confinement by the Commissioner for Human Rights, as well as the analysis of citizens’ appeals, media reports, and information from human rights defenders, indicate the presence of systemic problems in the observance of the rights and freedoms of persons who find themselves in conditions of isolation from society.
It should be noted that the materials presented in the Report, in particular the statistical information and examples of human rights violations, cover the most important areas of the multifaceted activities of the State Penitentiary Service of Ukraine and are useful both for specialists in this specific field and for the general public.
The information set out in the sections “Public Control” and “Cooperation with Public Organizations”, as well as the conclusions and recommendations regarding this Report and the analysis of the implementation of recommendations from the 2008 Report, deserve special attention. Despite the debatable nature of some provisions, the conclusions and proposals are, in principle, appropriate, constructive, and confirm the position of the Commissioner for Human Rights regarding the improvement of the state of affairs in this extremely important area of the state's activity and serve as a good foundation for the consistent implementation of relevant reforms and the deepening of our cooperation in the field of human rights protection.
Sincerely, Head of the Department, A. M. Paliy

Deputy Minister of Justice Volodymyr Bohatyr reports:

The Ministry of Justice, within the scope of its competence, has reviewed the report “Observance of Prisoners’ Rights in Ukraine - 2009”, sent by letter from the Donetsk public historical-educational and human rights charitable organization “Donetsk Memorial” (hereinafter – the Report) on 27 April 2010, No. 88, and reports the following.
We consider it appropriate to express the following remarks regarding the aforementioned Report.
1. In point 52 of the Report, it is proposed to approve, by an act of the Cabinet of Ministers of Ukraine, the Internal Regulations of penal institutions, which have already been approved by Order No. 275 of the State Department of Ukraine for the Execution of Punishments dated 25 December 2003.
At the same time, according to Part Two of Article 19 of the Constitution of Ukraine, state authorities and local self-government bodies, and their officials, are obliged to act only on the basis of, within the scope of, and in the manner provided for by the Constitution and laws of Ukraine.
The procedure for the preparation, submission, and consideration of draft resolutions and orders of the Cabinet of Ministers of Ukraine is defined in Section VI of the Regulations of the Cabinet of Ministers of Ukraine, approved by Resolution of the Cabinet of Ministers of Ukraine No. 950 dated 18 July 2007.
Thus, according to the provisions of this section, draft resolutions of the Cabinet of Ministers are prepared on the basis of the laws of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers, decisions of government committees, and instructions of the Prime Minister, the First Deputy Prime Minister, and Deputy Prime Ministers. Before preparing a draft resolution, it is determined whether the issue intended to be regulated falls within the competence of the Cabinet of Ministers of Ukraine.
The adoption of Internal Regulations for penal institutions does not fall within the competence of the Cabinet of Ministers of Ukraine.
2. Point 57 of the Report notes the non-compliance with human rights standards of the Regulation on the Appeals Commission of the State Department of Ukraine for the Execution of Punishments regarding the distribution, referral, and transfer of persons sentenced to imprisonment for serving their sentences, approved by Order of the Department No. 261 dated 16 December 2003.
The aforementioned Regulation was registered with the Ministry of Justice of Ukraine on 30 December 2003 under No. 1272.
3. Regarding the draft Regulation on special-purpose units (points 60-62 of the Report).
The mentioned draft was sent by the State Department of Ukraine for the Execution of Punishments to the Ministry of Justice for review and approval by the Minister; however, due to numerous remarks, it is currently being finalized by specialists of the Ministry and the Department.
4. Regarding the issue of improving the regulatory framework concerning the regulation and control of official correspondence sent by convicts, we inform you that the State Department of Ukraine for the Execution of Punishments has developed a draft order “On amendments to the Instruction on organizing the inspection of correspondence of persons held in penal institutions and pre-trial detention centres”, which is currently being processed by the structural subdivisions of the Ministry of Justice.
5. Regarding the exercise of public control over the observance of the rights, fundamental freedoms, and legitimate interests of convicts and persons released from serving sentences.
The Ministry of Justice has developed a draft of a new edition of the Regulation on supervisory commissions, which has undergone public discussion and is currently being coordinated with the interested central executive authorities.


The Chairman of the Committee on Human Rights, National Minorities and Interethnic Relations of the Verkhovna Rada of Ukraine, Oleg Zarubinsky, notes the following:

To the Chairman of the Board of the “Donetsk Memorial”,
Chairman of the Penitentiary Society of Ukraine
O. P. Bukalov
Dear Oleksandr Pavlovych!
We express our gratitude to you for the annual report “Observance of Prisoners’ Rights in Ukraine - 2009” sent to the Committee. The materials set forth therein will be used in the Committee’s work, in particular, when considering issues regarding the practice of applying legislative acts on human rights in the activities of law enforcement agencies and the penitentiary service, and in preparing for hearings in the Committee and round tables on this issue.
We take this opportunity to inform you that the problems of human rights observance in penitentiary institutions are constantly in the focus of the Parliament and its bodies. On 21 January of this year, the Verkhovna Rada of Ukraine adopted the Law “On amendments to the Criminal Executive Code of Ukraine regarding the provision of rights of convicted persons in penal institutions”, aimed at the humanisation of the penitentiary system and the implementation into criminal-executive legislation of the norms of the European Convention on Human Rights and Fundamental Freedoms. The said law also expanded the possibility of exercising public control; in particular, amendments were made to Article 24 “Visiting penal institutions”, granting the right to the Chairman of the supervisory commission to visit penal institutions without a special permit for the purpose of exercising public control over the observance of the rights of convicts during the execution of criminal sentences.

Sincerely, Committee Chairman O. O. Zarubinsky


The Head of the Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region, Colonel of Internal Service Oleksandr Chepak, notes:

Dear Oleksandr Pavlovych!
The Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region has carefully studied the Report “Observance of Prisoners’ Rights in Ukraine - 2009”, which was prepared by your organisation.
The Department highly values your achievements in researching various aspects of the activities of the criminal-executive system of Ukraine, your constructive criticism, and plans to use the Report in current work.
The Department of the State Department of Ukraine for the Execution of Punishments in the Donetsk Region is open to fruitful cooperation with all public organisations and hopes for further productive cooperation with your organisation.

Sincerely, Head of the Department, Colonel of Internal Service O. I. Chepak