THE PENITENTIARY SYSTEM OF UKRAINE IN THE FIRST HALF OF 2020. A Statistical Review

In the places of deprivation of liberty of the criminal executive system of Ukraine controlled by the Ukrainian government – that is, excluding institutions in Crimea and the occupied parts of Donetsk and Luhansk regions – as of 1 July 2020, 51,624 persons were being held (compared to 52,863 six months ago). The information was provided to ‘Donetsk Memorial’ by the Department for the Execution of Criminal Sentences of the Ministry of Justice of Ukraine (Letter No. 11-123-20/104-Pi dated 7 August 2020). Over the six-month period, the number of persons in places of deprivation of liberty decreased by 1,239 (having decreased by 2,215 over the whole of the previous year), or by –2.34%, which equates to an annualised rate of –4.69%.

The dynamics of the number of persons in the institutions of the criminal executive system in recent years are presented in Table 1 below.

Table 1

As of 1 July 2020, 18,361 persons were held in custody in 12 active pre-trial detention centres and 17 correctional institutions with the function of a pre-trial detention centre (former pre-trial detention centres – Author’s note) (compared to 17,502 six months ago), including 1,123 women (1,014 six months ago). The number of juveniles in pre-trial detention centres was 141 (138 six months ago). Thus, over the half-year, the total number of persons held in custody increased by 859, or by +4.91% (during the previous year, their number had decreased by 528, or by –2.93%).

In the first half of 2020, 4,418 persons did not end up in correctional institutions from pre-trial detention centres and were released from them (compared to 9,369 in the previous year). Among the main reasons for release from pre-trial detention centres during the half-year were: a change of preventive measure to a more lenient one – 2,321 persons (compared to 4,998 in the previous year); sentencing to imprisonment but for a relatively short term – as a rule, a term that the detained person had already served while in pre-trial detention – 248 persons (546 in the previous year); the imposition of non-custodial sentences – 519 persons (1,001 in the previous year); and due to the dismissal of cases by courts or acquittals – 17 persons (31 in the previous year).

Statistical data regarding the reasons for release from pre-trial detention centres in recent years are presented in Table 2.

Table 2

The number of convicted persons in the first half of 2020 decreased from 35,361 to 33,263, i.e. by 2,098 persons (by 1,687 in the whole of the previous year), or by –5.93%, which equates to an annualised rate of –11.87% (compared to –4.55% in the previous year). Of these, 79 are serving sentences in juvenile correctional facilities (88 six months ago), with 34 of them under the age of 18 (42 six months ago).

The number of convicted women serving sentences in criminal executive institutions is 1,482 (compared to 1,592 six months ago).

The number of life-sentenced prisoners as of 1 July 2020 was 1,524 (1,536 six months ago, 1,579 three and a half years ago), including 22 women. Over the six-month period, the number of life-sentenced prisoners decreased by 12 (having decreased by 5 during the previous year).

Over three and a half years, their number decreased by 55. This is despite the fact that, according to data from the State Judicial Administration, approximately 15–20 newly sentenced lifers are added each year. In response to a special inquiry regarding the reasons for the decline in the number of life-sentenced prisoners, the Administration of the SCES of Ukraine reported in a letter dated 11 February 2019 that 33 life-sentenced prisoners died in 2017 and 27 in 2018. It later emerged that the same number of lifers died in 2019. During the first six months of 2020, 15 life-sentenced prisoners died. Of course, life-sentenced prisoners died before 2017 too, but usually there were only a few cases a year – 2, 3, or 4. We have no explanation as to why the mortality rate among life-sentenced prisoners suddenly increased almost tenfold, but it is a fact.

In the first half of 2020, 1,955 persons were released on parole, representing 32.57% of the total 6,002 who formally qualified for parole (compared to 4,895 persons, or 37.34% of 13,109, in the previous year, and 9,244 three and a half years ago). It is worth noting that this indicator has gradually decreased over previous years, standing at 53.5% five and a half years ago. The trend is obvious, and it would be interesting to know its causes as well.

The number of able-bodied persons in correctional institutions as of 1 July 2020 was 20,203 (compared to 21,169 six months ago), or 60.73% of all convicted persons (compared to 59.9% in the previous year). Of these, 5,652 persons were provided with work, which constitutes 16.99% of the total number of convicts (compared to 22.4% in the previous year) and 27.98% of the able-bodied population (six months ago – 7,917 persons, representing 37.4%; as of 1 January 2019 – 35.4%, as of 1 January 2018 – 39.16%, and as of 1 January 2017 – 47.2%). The average monthly salary of employed convicts in the first half of 2020 was UAH 2,498 (compared to UAH 2,003 in the first half of the previous year).

There are certain inconsistencies in the data provided by the criminal executive service on the changes in the number of prisoners in recent years. Thus, according to the service's data, during 2018, 15,557 persons were admitted to all of its institutions, while 15,343 were released. This means the prison population should have increased by 214 over the year (instead, it reportedly decreased by 270?). Meanwhile, according to another calculation, this number decreased by 2,022.

The same anomalies occurred in 2019: in total, 15,265 persons were admitted to the institutions, 14,039 were released, and 517 died. Thus, the balance should have been an increase of 709 prisoners. In reality, however, their number decreased by 2,215.

The current year was no exception – during the first half of 2020, the balance also does not match. If, according to the service's data, 5,274 persons were admitted to all institutions of the system, 6,618 were released, and 249 died, then the total prison population should have decreased by 1,593 over the half-year. Yet according to other calculations, the decrease was 1,293. It is unknown where another 354 persons went.

The leadership of the service must explain these discrepancies.

One indicator of the complexity of issues in the medical sphere and the provision of healthcare services is the rate of morbidity, mortality, and the number of suicides in the agency’s institutions.

According to information provided to ‘Donetsk Memorial’ by the State Institution ‘Healthcare Centre of the State Criminal Executive Service of Ukraine’ (Letter No. 3779/05-20 dated 4 August 2020), during the first half of 2020, 249 persons died in correctional institutions (compared to 517 over the whole of the previous year), including 198 in pre-trial detention centres and correctional facilities acting as pre-trial facilities. The number of suicides across all places of deprivation of liberty in the first half of 2020 was 22 (compared to 51 over the whole of the previous year), including 15 cases in pre-trial detention centres and correctional facilities acting as pre-trial facilities (compared to 19 over the whole of the previous year). It is not difficult to calculate that the mortality and suicide rates in pre-trial detention centres and correctional facilities acting as pre-trial facilities are higher than those in correctional institutions – by 7 times and 4 times respectively (last year this excess was only 25% and 21% respectively).

According to data provided to ‘Donetsk Memorial’ by the State Institution ‘Healthcare Centre of the State Criminal Executive Service of Ukraine’ (Letter No. 3779/05-20 dated 4 August 2020), during the first half of 2020, 249 persons died in correctional institutions (compared to 517 over the whole of the previous year), including 198 in pre-trial detention centres and correctional facilities acting as pre-trial facilities. The number of suicides across all places of deprivation of liberty in the first half of 2020 was 22 (compared to 51 over the whole of the previous year), including 15 cases in pre-trial detention centres and correctional facilities acting as pre-trial facilities (compared to 19 over the whole of the previous year). It is not difficult to calculate that the mortality and suicide rates in pre-trial detention centres and correctional facilities acting as pre-trial facilities are higher than those in correctional institutions – by 7 times and 4 times respectively (last year this excess was only 25% and 21% respectively).

The number of prisoners suffering from tuberculosis as of 1 July 2020 was 992 (compared to 1,113 six months ago), including 283 in pre-trial detention centres and correctional facilities acting as pre-trial facilities (compared to 247 six months ago). Per 1,000 prisoners, the number of such patients decreased over the half-year from 21.05 to 19.22.

The number of HIV-infected persons in the first half of 2020 rose slightly, from 3,824 to 4,002, including 1,289 in pre-trial detention centres and correctional facilities acting as pre-trial facilities (compared to 1,077 six months ago). Per 1,000 prisoners, this figure rose slightly from 72.34 to 77.52.

The dynamics of these indicators in recent years are shown in Table 3.

Table 3

Morbidity and mortality in the institutions of the Department in 2003 and 2015–2019

  *  Six-month figure; annualised rate in parentheses.

As of 1 July 2020, 1,214 persons with disabilities were held in correctional institutions (compared to 1,300 six months ago), including 237 in pre-trial detention centres and correctional facilities acting as pre-trial facilities (compared to 210 six months ago).

According to information provided by the Department for Citizenship, Pardons, and State Awards of the Office of the President of Ukraine, during 2019, 1,121 petitions for pardon were received regarding 688 convicts, and in the first half of 2020 – 536 petitions regarding 359 convicts.

The Presidential Pardon Commission of Ukraine held eight meetings during 2019, at which petitions for the pardon of 348 convicts were considered, and during the first half of the current year – three meetings, at which petitions for the pardon of 96 convicts were considered.

In 2019, the President of Ukraine issued eight decrees granting pardons to 97 convicted persons, and in the first half of 2020, the Head of State signed two decrees pardoning 10 convicted persons. The Department declined to disclose how many of these individuals were pardoned under exchange agreements with militants or Russia.

According to data provided to ‘Donetsk Memorial’ by the State Institution ‘Probation Centre’ of the Ministry of Justice of Ukraine (Letter No. 29/25-ZPi/1/Yan-20 dated 7 August 2020), as of 1 July 2020, 58,949 persons were registered with the authorised probation bodies, including 755 minors. As of 1 January, there were 60,736 such persons, including 846 minors, and a year earlier – 56,525 persons, including 988 minors.