The Penal System of Ukraine in 2019. Statistical Overview.

(fragment of the report “Observance of the Rights of Prisoners in Ukraine in 2019”)

In the places of detention within the penal system of Ukraine controlled by the Ukrainian authorities—that is, excluding institutions in Crimea and the occupied parts of the Donetsk and Luhansk regions—according to data reported to “Donetsk Memorial” by the Administration of the State Penitentiary Service of Ukraine, 52,863 persons were held as of 01.01.2020 (letter of the SPSU No. 1/4-45-20/22-Pi dated 05.02.2020; hereinafter in parentheses — as of 01.01.2019 — 55,078 persons). Over the year, the number of persons in places of detention decreased by 2,215 (2,022), or by -4.02% (-3.54%).

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

Table 1

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

The number of prisoners per 100,000 population for Ukraine is 142. It is calculated based on the population of Ukraine, which, according to data from the electronic census as of 1 December 2019, was 37 million 289 thousand citizens.

As of 01.01.2020, 17,502 persons were held in custody in 12 operating pre-trial detention centres (remand centres) and 17 penal institutions with remand centre functions (formerly remand centres — Ed.), including 1,014 women (1,032 women the year prior). The number of minors in remand centres was 138 (the SPSU did not report data for the previous year; their number two years ago was 133). Thus, over the year, the number of all persons held in custody decreased by 528 persons (an increase of 443 persons the year prior), or by -2.93% (+2.52%). 

In 2019, 9,369 persons were released from remand centres without being transferred to penal institutions (8,788 persons the previous year). Among the main reasons for which persons were released from remand centres during 2019 were: a change of preventive measure to a more lenient one — 4,998 persons (4,571 persons the year prior); imposition of a custodial sentence, but for a relatively short term — as a rule, a term that the detained person had already served while in the remand centre — 546 persons (511 persons); as well as the imposition of non-custodial sentences — 1,001 persons (1,005 persons the year prior); and due to the dismissal of cases by courts and acquittals — 31 persons (41 persons the year prior).

Statistical data regarding the reasons for the release of persons from remand centres in recent years are shown in Table 2.

Table 2

The number of convicted persons in 2019 decreased from 37,048 to 35,361, i.e., by 1,687 persons (2,465 persons the year prior), or by -4.55% (-6.2%). Of these, 88 persons are serving sentences in educational colonies for minors (126 the year prior), including 42 persons under the age of 18 (65 persons the year prior).

The number of convicted women serving sentences in penal institutions was 1,592 (1,711 women the year prior).

The number of life-sentenced persons as of 1 January 2020 was 1,536 (1,541 persons the year prior, 1,572 persons two years prior, 1,579 persons three years prior), including 23 women. Over the year, the number of life-sentenced prisoners decreased by 5 persons.

It is worth noting that in the last four years, the number of life-sentenced prisoners has been decreasing despite the fact that, according to the State Judicial Administration, approximately 20 newly sentenced life prisoners are added each year. A likely main reason is the mortality of convicts.

In a special request regarding the reasons for the decrease in the number of life-sentenced persons, the Administration of the SPS of Ukraine reported by letter dated 11.02.2019 that 33 life-sentenced persons died in 2017, and 27 persons in 2018. The same number of life-sentenced prisoners died in 2019.

Of course, life-sentenced prisoners died previously as well, but usually, it was only a few cases per year — 2-3-4. Why mortality among life-sentenced prisoners suddenly increased almost tenfold — we have no explanation. But it is a fact.

  The calculation of the balance of the number of prisoners is also strange. According to the SPS, 15,557 persons entered penal institutions during 2018, and 15,343 persons were released. That is, the number of residents in prisons should have increased by 214 persons over the year. Meanwhile, this number decreased by 2,022 persons.

The same miracles occurred in 2019: in total, 15,265 persons entered the institutions, 14,039 were released, and 517 persons died. Thus, the number of prisoners should have increased by 709 persons. But in reality, there were 2,215 fewer of them. The SPS must explain these discrepancies. An appropriate request will be sent to the department.

In 2019, 4,895 persons were released on parole (5,552 persons the year prior, 6,314 persons two years prior, 9,244 persons three years prior) out of a total number of 13,109 persons who formally fell under parole eligibility (14,670 persons the year prior). This accounts for 37.34% of the number of persons who formally fell under parole eligibility. It is worth noting that this figure was 37.8% a year prior, 38.22% two years prior, 41.15% three years prior, 47.2% four years prior, 53.5% five years prior. The trend is obvious, and it would also be interesting to know its causes.

The number of able-bodied persons in penal institutions as of 01.01.2020 was 21,169 (22,904 persons the year prior), or 59.9% (61.8%) of the total number of all convicted persons; of these, 7,917 persons were provided with work (8,113 persons the year prior). This accounts for 37.4% of the number of able-bodied persons (35.4% as of 01.01.2019, 39.16% as of 01.01.2018, 47.2% as of 01.01.2017) and 22.4% of the total number of convicts (21.9% the year prior). The average salary of those employed was reported only for the first half of 2019; it amounted to 2,003 UAH per month (it was 1,865 UAH per month the previous year).

A certain indicator of the complexity of problems in the medical sphere and the provision of medical services is the level of morbidity, mortality, and the number of suicide cases in the department's institutions.

During 2019, 517 persons died in penal institutions (484 persons), of which 198 persons (138 persons) died in remand centres and penal institutions. The number of suicide cases while persons were held in all places of detention in 2019 was 51 (47), of which 19 cases (14 persons) were in remand centres and penal institutions. It is not difficult to calculate that the indicators of mortality and suicides in remand centres and penal institutions are higher than in penal institutions by 25% and 21%, respectively.

The number of prisoners suffering from tuberculosis at the end of 2019 was 1,113 (1,141 persons), including 247 persons (223 persons) in remand centres and penal institutions. Calculated per 1,000 prisoners, the number of such patients increased in 2019 from 20.72 to 21.05.

The number of HIV-positive persons decreased slightly in 2019 from 3,859 to 3,824, including 1,077 persons (975 persons) in remand centres and penal institutions, and, calculated per 1,000 prisoners, it increased slightly from 70.06 to 72.34.

The dynamics of these indicators over the last eight years are shown in Table 3.

Table 3

Morbidity and mortality in Department institutions in 2003 and in 2012-2019

As of 1 January 2020, 1,300 persons with disabilities were held in penal institutions (1,220 persons a year prior), of which 210 persons were in remand centres and penal institutions.

There are also incarcerated persons in some other departments.

In the governing bodies of the Military Law Enforcement Service of the **Ministry of Defence**, 11 guardhouses are functioning for the detention of convicted, taken into custody, arrested and detained military personnel, and 2 guardhouses for the detention of arrested and detained military personnel.

According to the Ministry of Defence of Ukraine, at the beginning of 2019, 26 military personnel were serving sentences in the disciplinary battalion. During the year, 36 convicted persons entered the disciplinary battalion to serve sentences, and 37 persons were released from the disciplinary battalion, so 25 remained there at the end of the year.

At the beginning of the year, 52 persons were in custody at guardhouses; during the year, 120 persons were placed in them, and 139 persons were discharged from guardhouses. At the end of the year, 33 military personnel were at guardhouses (letter of the Ministry of Defence of Ukraine No. 306/3/648 dated 29 January 2020).

Territorial bodies of the **police** account for 136 temporary detention facilities (150) with a total occupancy limit of 2,990 places (3,249 places). As of 1 January 2020, 280 persons were held in them (22 persons). In total, during 2019, 67.5 thousand persons were held in temporary detention facilities (74,975 persons).

In 2019, 5 (16) detained and custody-held persons died in temporary detention facilities, of whom 4 (10) were due to suicides, and 1 (6) due to natural causes. During the same period, 54 police officers died (40), of whom 51 police officers died under circumstances not related to the performance of official duties (29 police officers and 2 civilian employees) and 3 (9) police officers under circumstances related to the performance of official duties.

The SBU operates one temporary detention facility in Kyiv for holding persons suspected of preparing or conducting reconnaissance and subversive or terrorist activities and committing other crimes, the investigation of which is referred to the competence of SBU bodies. The capacity of the facility is 48 persons. As of 01.01.2020, 5 persons were held in it (17 persons the previous year), and in total, 127 persons were held during 2019 (160 persons) (letter of the SBU No. 23/104 dated 03.02.2020).

Despite the request for statistical information within the time limit prescribed by law, the Ministry of Education and Science and the Probation Centre did not provide information.