A time for change in the penal service
On 30 March, the press conference ‘Prison system of Ukraine: a time for change’ took place at the ‘Ukrainian News’ agency. It was conducted by the head of the Donetsk human rights organisation ‘Donetsk Memorial’, Alexander Bukalov. He informed journalists about the changes that took place in the penal system of Ukraine during 2010 and drew attention to the most pressing issues of the department’s activity. He provided statistical data on the penal system for 2010 (see the full text of the article ‘Prisoners and convicts in department institutions: statistics-2010’ in the ‘Punishment System Statistics’ section). A press release is attached.
The press conference was prepared within the framework of the project ‘Increasing the level of protection of prisoners’ rights: paths and methods’, which is being implemented with the financial support of the Embassy of the Kingdom of the Netherlands.
Human rights organisation ‘Donetsk Memorial’
Penitentiary Society of Ukraine
Tel./fax 8-062-304-1471 www.ukrprison.org.ua
P.O. Box 4836, Donetsk, 83092
30 March 2010 Contact person: Alexander Bukalov, 099-709-5679
THE NUMBER OF PRISONERS IN UKRAINE IS GROWING.
VIOLATIONS OF THE CONSTITUTION regarding prisoners are not being corrected.
Public control over the observance of prisoners’ rights is insufficient.
On 30 March in Kyiv, a press conference of the human rights organisation ‘Donetsk Memorial’ was held on the topic ‘Prison system of Ukraine: a time for change’, at which information was presented about the changes that occurred in the penal system of Ukraine during 2010.
The number of prisoners in Ukraine is growing
In 2010, for the second consecutive year, the growth of the prison population in Ukraine has continued—after six years of steady decline. The growth for 2010 was 4.27%, or 6,311 people. At the same time, the number of convicts rose to 113,917, and the number of SIZO residents to 39,363, whereas two years ago it was 34,148. There are 336 people behind bars per 100,000 population in Ukraine (last year – 321 people, the year before last – 314 people), which is almost three times higher than the indicator in Western European countries.
Violations of convicts’ rights
Noticeable changes for the better in the sphere of human rights observance in penal institutions did not occur during 2010. A high level of violations of convicts’ rights persists. This concerns not only the conditions of detention but also the treatment of prisoners by staff. As in previous years, it can be stated that respect for human dignity has still not become a dominant factor in penal policy, and the existing practice of treating prisoners is built on the strict demand by the institution administration for unconditional obedience from the prisoners. This is complemented by the lack of an effective mechanism for filing complaints.
Transfer of convicts as a tool of punishment
The procedures for placing convicts in colonies and their movement are subordinate primarily and exclusively to the interests of the department; convicts are often groundlessly refused transfers to serve their sentences closer to the place of residence of their relatives.
Mortality in institutions is not decreasing.
The number of deaths in department institutions in 2010 increased (808 people, last year 761 people, in 2008 – 765 people), the number of suicide cases, as in the previous year, amounted to 44 cases (in 2008 – 40). The number of patients with active tuberculosis is gradually decreasing (5,486 people, last year 5,667 people, in 2008 – 6,079 people). For the first time in recent years, the number of HIV-infected persons did not increase—6,020, whereas last year it was 6,069 people. Medical services are at an extremely minimal level. Medical personnel are not independent of the prison management; they are employees of the department and, in critical cases, often neglect or are forced to neglect professional integrity in favour of the requirements of the prison management.
Problems of life-sentenced persons.
The number of life-sentenced persons reached 1,696 as of 01.01.2011. Their conditions of detention are too severe, which in no way contributes to the preservation of their social skills. A portion of them are kept in SIZO conditions, as the department does not have time to build new premises for their maintenance. There is no public discussion about the problems of their detention.
Legal aid for convicts is practically non-existent.
Convicts are deprived of access to legal aid. The lack of necessary literature in the institutions’ libraries is complemented by the low level of legal awareness of the staff and their unwillingness to facilitate the provision of legal aid to convicts by public organisations and lawyers.
Public control of institutions is limited.
Interaction with the public, primarily with non-governmental organisations, began to expand in 2010; joint events and discussions on urgent issues of system development have become more frequent. The new management of the department is demonstrating a willingness to cooperate. However, public control over the observance of the rights of convicts and prisoners, as well as the activities of penal institutions, does not have proper legislative backing and is, in fact, very limited.
In social issues concerning convicts, the Constitution is violated.
Discrimination and violations of the Constitution remain in the matter of convict labour payment. Contributions to the Pension Fund are not paid for them, despite the lack of legislative grounds for this. As a result, upon release, in addition to all the problems with settling in, restoring documents, and searching for work, a person needs to earn funds somewhere and contribute them to the Pension Fund for the time spent working in places of detention.
Convicts who became eligible for a pension during their sentence are not accrued a pension. Almost no state institution wishes to see these problems and solve them.
In the Department for the Execution of Sentences, the personnel problem remains acute. In 2010, significant changes took place in the department’s leadership. The level of social protection for personnel remains unacceptably low.
The preparation of the sixth annual ‘Donetsk Memorial’ report ‘Observance of prisoners’ rights in Ukraine-2010’ is being completed. Its full text will be posted on the ‘Prison Portal’ website www.ukrprison.org.ua
* * *
The public human rights organisation ‘Donetsk Memorial’, established in 1989, is concerned with the problems of the activities of the penal system of Ukraine and monitoring the observance of prisoners’ rights.
The press conference was prepared by the public human rights
organisation ‘Donetsk Memorial’ within the framework of the project
‘Increasing the level of protection of prisoners’ rights: paths and methods’,
which is implemented with the financial support of the Embassy of the Kingdom of the Netherlands