“A person resembling the deputy head of the penal colony strikes a person resembling a convict” – an unscheduled monitoring visit to “Polytska Penal Colony (No. 76)”

On 19 July 2022, a monitoring group consisting of an assistant to the People's Deputy of Ukraine Kostiantyn Kasai, Serhiy Zuykov, a member of the Public Council under the Ministry of Justice of Ukraine, an assistant to the People's Deputy of Ukraine Yaroslav Yurchyshyn, Andriy Didenko, a KHPG programme coordinator, and Oleksa Yaroslavtsev, a journalist for the “Poryad z vamy” (“Beside You”) news agency, conducted an unscheduled follow-up visit to the state institution “Polytska Penal Colony No. 76”.

A previous visit had taken place quite recently, on 4 July. However, on 18 July, the Telegram channel Rivne_1283 released a video in which a person in uniform, resembling the deputy head of Polytska Penal Colony No. 76, Oleksandr Muzyka, strikes a person who appears to be a convict. The caption stated that this was the Polytska Penal Colony and that a member of the institution's staff was using physical force against a convict.

In an interview with “Suspilne”, Oleksandr Muzyka denied his involvement in the beating: “It is unclear where this video came from. A conflict arose between us and the convicts, so we used physical force against them. Five convicts attacked other convicts; it was impossible to separate them, and the institution's administration used physical force against them.”

The monitors arrived at the Polytska Penal Colony (No. 76) on 19 July. The primary objective of the monitoring visit was to verify the video released the day before.

The monitors announced their intentions and provided the relevant documents. Afterwards, they had to wait about an hour for an escort. Subsequently, they were allowed unhindered entry, accompanied, to the territory, where they had the opportunity to visit any premises, communicate with staff and convicts on the condition of anonymity, collect information, verify it, and obtain relevant materials.

During conversations with the convicts, we received evidence (photographs of bodily injuries, documentation) that on 16 July, a member of the institution's staff did indeed use measures and means of physical influence against six convicts. Specifically, he carried out a public punishment in the presence of other convicts, which consisted of administering a certain number of blows with a rubber truncheon to the convicts' buttocks. The convicts refused to have their bodily injuries recorded in the medical unit of No. 76 for reasons of personal safety.

The convicts also noted that the institution's staff had exerted psychological pressure on them and intimidated them with the aim of concealing wrongful acts, abuse of office, and avoiding liability.

In addition, on the territory of the institution, the monitors identified a location near the SPS (Social and Psychological Service) unit No. 5 that is identical to the scene depicted in the video (photos 5, 6), where a man is being beaten by a person resembling the institution's first deputy head, O.V. Muzyka.

The convicts are intimidated, do not trust state bodies, and have turned to KHPG for legal assistance:

“We, convicts M. and N., are serving our sentences at PC-76. On 16.07.22, a conflict arose with other convicts; in resolving this matter, the institution's first deputy head, O.V. Muzyka, used physical force against the convicts. Namely, he took a PR-73 and began administering blows to the buttocks. After this, the convicts from the first unit began shouting, “Shame” at the administration. But the administration paid no attention to this. After the beating, a video of this incident appeared on Facebook and Instagram. The SBI and the prosecutor's office arrived and began questioning the convicts. Subsequently, the administration began threatening the convicts with retaliation. The administration demanded that we change our testimonies. Specifically, Serhiy Mykolayovych Cheb, Serhiy Vasylovych Polunets, [and] Oleksandr Vasylovych Muzyka. We ask you to provide us with legal assistance.”

Lawyers from the Kharkiv Human Rights Protection Group will investigate this situation and appeal to the competent authorities to protect the rights and legitimate interests of the convicts.