Monitoring visit to the State Institution 'Ladyzhyn Correctional Colony No. 39'
I. General Information
On 19 May 2021, a monitoring group consisting of a member of the Public Council under the Ministry of Justice of Ukraine, a representative of the NGO ‘All-Ukrainian Anti-Corruption Alliance’ Serhiy Zuikov, and a journalist for the *Human Rights* information bulletin of the Kharkiv Human Rights Protection Group, Andriy Didenko, paid a repeat visit to the State Institution ‘Ladyzhyn Correctional Colony No. 39’. The previous visit took place on 5 November 2020.
It should be noted that this colony is located in the village of Hubnyk, near the town of Ladyzhyn in the Vinnytsia region. The facility is a maximum-security correctional colony for men sentenced to a fixed term of imprisonment, as well as those sentenced to life imprisonment.
At the time of the visit, there were 257 individuals in the colony, with an estimated capacity of 457 sleeping places, including: 398 places in local sectors, 49 places in the life imprisonment sector, and 10 regular living spaces for life-sentenced prisoners. There were 44 working individuals; the number of persons in the disciplinary isolation cell (DIZO) was 1, in the chamber-type premises (PKT) – 0; the number of persons in penalty units – 0; the number of persons in the medical unit – one patient and two isolated following long visits; the number of convicts under Article 391 of the Criminal Code – 2; the number of convicts prone to suicide – 20; the number of convicts prone to self-harm – 21; the number of convicts prone to escape – 5; the number of convicts who are malicious violators of the detention regime – 52. During the current year, 9 convicts were recorded in the bodily injury log; the number of cases of special means used against convicts was 6. Last year, one convict died, and in 2021, one also died. Mattresses are changed for convicts once every five years, and bed linen once a year.
After notifying the duty officer of the unannounced visit, in accordance with Article 24 of the Criminal Executive Code, the monitors were invited to the office of the colony head, Internal Service Colonel Yuriy Hryhorovych Somyk. After clarifying the purpose of the visit and the format of the inspection, the monitors waited for one hour, from 11:00 to 12:00, while the head of the institution obtained permission from the management, as the monitors were informed. We believe that, pursuant to Article 24 of the Criminal Executive Code, the head of the institution should not wait for permission from the management to receive monitors, but should make decisions in accordance with their own authority.
Upon receiving permission, they entered the territory without hindrance. Adhering to all government recommendations regarding quarantine measures when passing through the checkpoint, the monitors had their body temperature checked and were required to fill out questionnaires for visitors regarding COVID-19 symptoms.
During the visit, the monitors had access to all premises, documentation, and logs, and had the opportunity to communicate with any convict, except for confidential meetings. They were able to record an interview with a life-sentenced prisoner as part of the Fighting for Life (khpg.org) project, ‘Stories of Arbitrarily Convicted Persons’.
Information regarding the addresses of secondary free legal aid centres is available on the information boards for convicts.
II. Statement from the Convict
One of the objectives of the visit was to verify the accuracy of a statement from convict O., addressed to the head of the Kyiv City Police Department, as well as to the Kharkiv Human Rights Protection Group, the Public Council under the Ministry of Justice of Ukraine, and the Ukrainian Parliament Commissioner for Human Rights.
In his statement, convict O. complained of being beaten by the head of the operational department, Viktor Volodymyrovych Kovalchuk. Regarding the substance of the statement, on 30 April 2021, while receiving a parcel from relatives in the parcel delivery room (photo), convict O. remarked to V. V. Kovalchuk that the latter was not wearing a mask or gloves and did not have a name tag indicating his name and position. According to convict O., the head of the operational unit responded with profanity, climbed through the parcel delivery window, and began beating convict O., threatening that he (the head) would kill him (the convict). After that, the convict reported, the officer removed prohibited food items from the parcel – one 1-litre jar of salad, one jar of jam, and two packs of tomato paste. No seizure report was drawn up. The convict did not seek medical attention. During the meeting with the monitors, no obvious signs of bodily injury were found on convict O. It was also not possible to speak with V. V. Kovalchuk because, in accordance with an order from the head of the institution, Yu. G. Somyk, dated 23 April 2021, Internal Service Major Viktor Volodymyrovych Kovalchuk, head of the operational department, was granted unused leave from 5 May to 18 June 2021.
It is not possible to verify the accuracy of the information due to the absence of video surveillance in the parcel delivery room, as well as the lack of documentation of bodily injuries in the medical unit.
The representative of the monitoring group could not speak with convict O. confidentially at his request because the colony staff refused such a meeting, citing security measures. The convict handed over an appeal addressed to the representative of the Public Council, in which he expressed concern for his own safety.
III. Maximum Security Sector
The monitors visited the unit with improved detention conditions, intended for convicts serving life sentences. The unit consists of living quarters and a psychological relief room, equipped with a special window with darkened glass, through which a psychologist observes the behaviour of the convicts.
There is also a dining room and a sanitary facility.
We would like to note that during the previous visit, this unit was also ready for occupancy. According to the colony administration, they were waiting for instructions from the management. We hope that during the next visit, this unit will be operating accordingly. It should be recalled that this is the second open-type unit in Ukraine for the detention of life-sentenced prisoners. The first was opened in Romny Correctional Colony No. 56.
IV. Kitchen/Dining Room
The kitchen area is equipped with a new oven for baking bread.
The dining hall is renovated, and the tables are tidy.
V. Medical Unit
According to the head of the medical unit, the staff is 100% staffed.
At the time of the visit, one convict was in the inpatient ward, having waited for over a month for a transfer due to a suspected cancer diagnosis.
The head of the medical unit explained that the delay in the transfer is due to the fact that the transportation of convicts is carried out by the National Guard, which is not subordinate to the penitentiary service.
The head of the medical unit demonstrated a disinfection machine.
No cases of COVID-19 infection were detected among the convicts; among the colony staff, there was 1 case.
The photofluorography and X-ray machines in the institution have not been working for a long time.
VII. DIZO/PKT
At the time of the visit, there was one convict in the sector. In violation of the Internal Regulations, the bed was locked in a folded position.
The representative of the monitoring group suggested that the institution's staff rectify this violation of legislation. This request was ignored. In accordance with the Internal Regulations, as amended in 2015, locking beds in the DIZO is not provided for.
Recommendations:
- The colony administration should independently make decisions regarding the admission of monitors to the territory of the institution within the framework of Article 24 of the Criminal Executive Code, without waiting for permission from the management;
- Install video surveillance in the parcel delivery room;
- Ensure confidential meetings between convicts and monitors;
- Do not lock beds in the DIZO and PKT.