The Penal System of Ukraine in July 2018: A Statistical Overview

In the 148 penal institutions of Ukraine's correctional system controlled by the Ukrainian government — that is, excluding the institutions in Crimea and the 29 institutions located in the occupied part of the Donetsk and Luhansk regions — according to data provided to the Donetsk Memorial by the Ministry of Justice of Ukraine (hereinafter – the MoJ), as of 1 July 2018, there were 56,638 people (here and hereinafter in brackets – as of 1 January 2018 – 57,100 people). Over six months, the number of people in places of detention decreased by 462, or by -0.82% (compared to -5.46% last year).

The current rate of prisoners per 100,000 population in Ukraine is 134.

The dynamics of the number of persons in the institutions of the penal system over the last thirteen years are shown in Table 1.

Table 1

* Estimated data, taking into account institutions in the occupied territory of Donbas.

The number of convicted persons in the first half of 2018 decreased from 39,513 to 38,878, i.e., by 635 people (4,518 people), or by -1.61% (-10.3%). Of these, 144 people (146) are serving sentences in educational colonies for minors, including 85 people (86 people) under the age of 18. 1,803 women (1,896 women) were serving sentences of imprisonment.

The number of prisoners serving life sentences in government-controlled institutions was 1,544 as of 1 July 2018 (1,572 people, and 1,579 people eighteen months ago), including 22 women. It is worth noting that within six months, the number of life-sentenced prisoners decreased by 28 people, and during 2017 – by 7 people, but the reasons for the decrease are unknown. Considering that, according to the State Judicial Administration of Ukraine, 21 people were sentenced to life imprisonment in 2017, the fact that their total number has decreased requires more careful study. It is worth adding that as of 1 September 2014, there were 1,909 life-sentenced prisoners in Ukraine.

As of 1 July 2018, 17,760 people (17,587) were held in custody in 12 operating pre-trial detention centres and 17 correctional institutions with pre-trial detention functions (formerly pre-trial detention centres – Ed.), including 1,016 women (958) and 127 minors (133). Thus, over six months, the number of people held in custody increased by 173 people (for the whole of 2017, +1,219), or by +0.98% (+7.45%).

At the pre-trial investigation stage, 1,881 people were held in pre-trial detention centres, and at the trial stage (before sentencing) – 9,672 people.

In the first half of 2018, 2,117 people did not reach correctional institutions and were released from pre-trial detention centres (2,745 people for the whole of 2017). Among the main reasons for which persons were released from pre-trial detention centres during the first half of 2018 are the following:

– change of preventive measure to a more lenient one – 1,146 people (1,251),

- due to the expiration of the sentence, which means, as a rule, that the persons held in pre-trial detention centres received sentences of imprisonment for a period already served while in the pre-trial detention centre – 492 people (572),

due to the imposition of sentences not involving imprisonment – 1,146 (this MoJ data appears erroneous) (381),

due to the dismissal of cases by courts and acquittal verdicts – 8 people (11).

According to the MoJ, during the first half of 2018, 7,624 convicts were released from correctional institutions (17,681 people for the whole of last year), including 2,705 people released on parole (6,314 people last year) out of a total of 7,317 people who formally qualified for parole (16,522 people last year). This accounts for 36.97% of the number of people who formally qualified for parole (38.22% last year, 41.15% two years ago, 47.2% three years ago, 53.5% four years ago).

There is an obvious steady trend towards a decrease in the share of people who, despite having the right to parole, actually receive it.

Comparative statistical data regarding the reasons for the release of persons from pre-trial detention centres in recent years are shown in Table 2.

Table 2

During the first half of the year, 21,767 people entered the institutions, 12,725 of them into pre-trial detention centres and 9,042 into correctional institutions. However, these data do not correlate with others in any way, and therefore it is impossible to unequivocally determine what they mean.

The number of able-bodied persons as of 1 July 2018 was 22,233 (24,483 people), of whom 8,169 were provided with employment (9,588 people). This accounts for 36.7% of the number of able-bodied persons (39.2%) and 21.0% of the total number of convicts (24.3%).

The average monthly salary of employed persons was 1,738.7 UAH (1,428.2 UAH).

As of 1 July 2018, 56,232 people were registered with authorized probation bodies (57,295 people).

During the first half of 2018, 234 people died in correctional institutions (the annual mortality rate was 8.26; last year it was 9.95), of whom 68 died in pre-trial detention centres (164 people died in pre-trial detention centres during 2017). The number of suicides while in all places of detention in the first half of 2018 was 19 (46 cases last year, with an annual mortality rate of 0.67; last year it was 0.81), of which 8 cases occurred in pre-trial detention centres (13 people for the whole of last year).

Table 3

Incidence and mortality in the penal system in 2003 and 2010-2018

The total number of prisoners with active tuberculosis decreased in the first half of 2018 from 1,356 to 1,284; the MoJ did not provide separate data for pre-trial detention centres. Per 1,000 prisoners, the number of such patients decreased in the first half of 2018 from 23.75 to 22.67.

The number of HIV-positive prisoners in the first half of 2018 increased from 3,830 to 3,917, and per 1,000 prisoners from 67.08 to 69.16; the MoJ did not provide separate data for pre-trial detention centres.

As of 1 July 2018, 1,130 people with disabilities were being held in correctional institutions (1,153 people); the MoJ did not provide separate data on the number of disabled persons in pre-trial detention centres.

During the first half of 2018, no institutions were closed or mothballed. Instead, the MoJ notes that convicts are not held in 17 correctional institutions due to the optimization of their operations.

The distribution of convicts by security level institutions is as follows:

in 7 maximum security colonies – 1,775 people

in 32 medium security colonies for repeat offenders – 15,932 people

in 27 medium security colonies for first-time offenders – 10,221 people

in 7 minimum security colonies with general conditions for men – 1,215 people

in 4 minimum security colonies with lightened conditions for men – 422 people

in 11 colonies for women – 1,551 people

in 4 specialized medical facilities – 697 people

in medical facilities at correctional colonies and pre-trial detention centres – 1,025 people

in 21 correction centres – 1,621 people

in 6 educational colonies (for minors) – 144 people

470 people are serving sentences of arrest in 54 arrest houses established at the institutions

In total, 37,111 convicts were held in 113 penal institutions; another small part of convicts was held in correctional institutions with pre-trial detention functions. The Ministry of Justice does not explain how such information correlates with the claims that convicts are not held in 17 correctional institutions due to the optimization of their operations.

The criminogenic composition of those sentenced to imprisonment (as of 01.01.2018) is as follows:

5.6 thousand people sentenced to a term of over 10 years;
7,022 people – for intentional homicide;
3,080 people – for causing intentional grievous bodily harm;
8,311 people – for robbery and looting;

12,282 people – for theft;
712 people – for rape;
18 people – for crimes against national security fundamentals.

During the first half of the year, 144 convicts submitted complaints to the MoJ; the MoJ did not report the number of complaints recognized as well-founded.