Prison is an Exceptional Measure for a Child

Supported by international organisations, the project ‘Strengthening the Role of Civil Society in Protecting the Rights of Vulnerable Groups of Convicts’ has been launched in Ukraine and will encompass 10 regions of the country. The primary goal is to overcome discrimination against former prisoners and ensure equal rights, particularly regarding guaranteed social protection.

In the Kharkiv region, special attention will be paid to minors serving sentences in the Kuryazh Educational Colony.

Kuryazh welcomed the project participants with impeccable cleanliness, whitewashed kerbs, and a raspberry patch blooming in the garden. Yet, imprisonment is, ultimately, imprisonment…

There are problems enough

Initially, human rights activists and scholars held a seminar for the deputy heads of children’s colonies in Ukraine and representatives of public and religious organisations.

Later, the guests observed the conditions in which the colony’s residents live and study, what they eat, and how they spend their leisure time (there is no industrial production at the institution; the children only perform domestic chores), and simply engaged with them. Subsequently, several convicts, as a reward for excellent behaviour, visited the A. S. Makarenko Museum, located outside the colony’s perimeter, along with the delegation.

Human rights activists describe the conditions created in the colony as good. However, the everyday problems faced by the residents are not diminishing. Sadly, there is no one waiting for some of them upon their release, which significantly affects the psychological state of these juvenile offenders.

Difficulties arise with the documentation of the children. Not all parents are able to travel and provide the certificates necessary to obtain a passport. The reasons vary: a lack of money for travel, chronic alcoholism, total indifference, or, at times, a combination of all three.

Lawyers confirm that it is difficult for orphans, children deprived of parental care, and children who have lost a mother or father to arrange the pensions guaranteed by the state. The collection of documents (certificates of the deceased person’s employment record, military service record cards, etc.), which is handled by the penitentiary service, often drags on for months.

Students at vocational schools within the juvenile educational colonies do not receive scholarships. Formally, they are not deprived of this right, but because convicts are maintained by the state, they are not granted a scholarship. Yet, this would be a significant incentive to motivate the residents to study.

In short, there are enough loopholes in Ukrainian legislation. Participants in the project agree that the regulatory framework needs to be revised so that the equality of rights for adolescents does not remain purely declarative.

To educate a human being

Currently, there are 88 adolescents in Kuryazh. This is almost three times fewer than in previous years, which is why one of the buildings is closed entirely, and there are empty beds in the others. This does not mean that minors are committing crimes less frequently. It is simply that after the new Criminal Procedure Code came into force, the number of sentences involving imprisonment has decreased significantly.

Almost all the Kuryazh residents have been convicted of theft, robbery, or banditry (three for murder). Many could genuinely begin a new life, human rights activists are convinced.

‘I really like the name for institutions for minors – educational colony. For adults, it is a correctional facility. It is difficult for me to believe that it is possible to "correct" a person, but it is truly possible to educate one,’ believes Yuriy Chumak, an assistant to the Verkhovna Rada Commissioner for Human Rights in the Kharkiv region. ‘We must strive to ensure that only those who pose a real threat to society end up in a colony. If a teenager steals a phone, they receive a suspended sentence. For a repeat theft, they get a real one. What use is that to society? Once in prison, a minor will acquire additional criminal skills, rather than being "corrected". It is better to help them find their place in life. So that they can work and compensate for the material damage caused to the victims.’

Is anyone there, State?

Viktor Yukhno, a teacher of history and law at the Kuryazh school, will celebrate his 35th anniversary of working at the institution in a week. Initially, he was an educator, and after obtaining his second degree, he began teaching. His story, one might say, is unique, for once upon a time, Viktor Konstantynovych was himself a… resident of Kuryazh. He spent almost four and a half years within the walls of the colony, which was then a high-security regime facility, for robbery.

‘It was here that I began to study seriously, and I dreamt of entering university. That is what happened. I graduated from the Pedagogical University and was sent on assignment to the Sumy region,’ the educator recalls. ‘I worked for a year, and the colony management found me. Although I did not want to return here even as an employee, they persuaded me and, as they say, wore me down. It is hard for me to imagine how our students arrange their lives now upon their release. It is especially bitter for those who are needed by no one. In my time, there were no such problems with housing and work…’

Penitentiary officials note that former convicts cannot rely on state support.

Ihor Ivankov, an expert on the project and head of the Department of Criminal Law Disciplines at the Chernihiv Juridical College of the Penitentiary Service, believes that Ukraine should orient itself towards global practices for working with former prisoners.

‘A released person should remain under state supervision for at least three years; then we can guarantee that they will not return to a criminal path,’ the scholar believes.

And this refers not merely to visiting an inspector just for the sake of appearances, but to providing real assistance with employment, resolving domestic issues, and offering psychological and legal support.

There was also much discussion about strengthening the role of society in the process of integrating convicts. For this, local authorities, the penitentiary service, social workers, and public associations must develop a joint action plan that would help reduce the number of recidivist crimes. Put simply, fresh ideas and new approaches must not be crushed by an ossified management system and the prejudices towards convicts that have formed over the years.

Yuliya Bairachna, ‘Vremya’ newspaper