Report on the Results of the Monitoring Visit to the State Institution ‘Zhytomyr Penal Institution (No. 8)’
On 10 April 2023, a monitoring group, consisting of an assistant to a People's Deputy of Ukraine, Kostiantyn Kasai; a member of the Public Council under the Ministry of Justice of Ukraine, Serhiy Zuikov; an assistant to a People's Deputy of Ukraine, Yaroslav Yurchyshyn; the coordinator of the Kharkiv Human Rights Protection Group (KHPG) programmes, Andrii Didenko; as well as a journalist from the ‘Poryad z vamy’ (‘Next to You’) Information Agency, Oleksa Yaroslavtsev, conducted a preventive routine monitoring visit to the state institution ‘Zhytomyr Penal Institution (No. 8)’.
A previous visit took place on 22 June 2022.
General Information
The state institution ‘Zhytomyr Penal Institution (No. 8)’ consists of a pre-trial detention centre premises, where individuals under investigation are held, as well as convicted persons whose sentences have not yet entered into legal force; convicts in transit to other penitentiary facilities; a maximum-security sector for holding those sentenced to life imprisonment, as well as persons sentenced to certain terms of imprisonment who are held in maximum-security cells; and a catering unit, a medical unit, economic maintenance departments, and a bath and laundry facility.
This year's visit was carried out as part of the project ‘Reducing the Suffering of Prisoners in the Context of the War in Ukraine’, funded by the government of Denmark in partnership with DIGNITY — The Danish Institute Against Torture.
The purpose of the visit was to collect and analyse data regarding the observance of human rights at the penal institution.
The head of the penal institution and remand prison is Colonel of the Internal Service Andrii Viktorovych Kvasnyi.
The monitors were able to enter the facility quickly and without obstruction, had the opportunity to visit posts and any other premises freely, and were able to communicate with convicts, including under conditions of anonymity.
According to the institution's management, there are 3.03 prisoners (convicts) per staff member. There are three psychologists working at the institution. The cost of maintaining one prisoner per day is 46.85 hryvnias.
During 2023, 1,872 people arrived at the institution. In 2022, 10 people died in the institution, and in 2023, 2 people died. 59 convicts are employed. The average monthly salary of the convicts this year is 2,177.78 hryvnias. There is a shop operating at the institution.
There are 16 people in the medical facility of the Centre for Health Protection of the State Penitentiary Service on the premises, and 1 person in the Ministry of Health facility. 53 people are registered as having HIV/AIDS. 78 people are registered as being at risk of suicide. In 2022, 2 cases of suicide were recorded. 12 people are registered as prone to self-harm; 10 are registered as prone to escape; and 19 people are registered as malicious violators of the detention regime.
There were 807 complaints regarding improper conditions of detention and inadequate medical care in 2022, and 200 complaints since the beginning of 2023.
3 people have a Group I disability, 4 have a Group II disability, and 12 have a Group III disability. In 2022, 157 people were released, 13 of whom were on parole. Since the beginning of 2023, 125 people have been released, 1 of whom was on parole. In 2022, 27 ambulance calls were registered, and since the beginning of 2023, there have been 9 such calls.
In 2022, 79 cases of bodily injuries were recorded: 58 cases occurred upon arrival, and 21 cases occurred during the stay at the Institution. Since the beginning of 2023, 18 cases have been recorded: 11 upon arrival and 7 during the stay at the Institution.
In 2022, 57 long-term, 102 short-term, and 23 short-term contact visits were granted. For the period of 2023, as of the time of the visit, 24 long-term, 51 short-term, and 5 short-term contact visits had been granted. The cost of a short-term visit is 30 hryvnias, and a long-term visit costs 575.90 hryvnias per person per day.
The institution's premises are outdated and in need of major repairs. At the time of the visit, the monitors observed an emergency situation regarding the water supply.
Admission Unit
During transportation to the institution, prisoners arrive at the admission unit. In this unit, individuals may stay for up to two hours. This is where searches, fingerprinting, medical examinations, and distribution to cells take place. Both those arriving at the institution for the first time and those who have been out for investigative or judicial proceedings pass through the admission unit.
The unit has 2 cells and a room for storing belongings.
Repair work is ongoing on the premises of the unit, specifically, the refitting of cells to accommodate new water supply and sewage systems.
Video Conferencing Rooms
Rooms for holding online court hearings:
Investigative Offices
Meetings with lawyers and investigative actions take place in these rooms. The workplace is equipped with a panic button.
Information about free legal aid is available.
Paid Cell
A paid cell with improved conditions (air conditioner, microwave, pressure cooker, shower, boiler, and other improved amenities) costs 550.00 hryvnias per person per day, 1,880.00 hryvnias per week, and 4,470.00 hryvnias per month.
IP-Telephony Room
The remanded and convicted can use IP-telephony services and tablets for calls abroad by writing an application to the head of the institution. In most cases, the investigator is notified of the provision of communication services after the fact.
Transit Cells
Cells for Holding Remanded Persons
Most cells are in a dilapidated state and are in need of repair.
Medical Unit
The head of the Zhytomyr City Medical Unit No. 8 of the branch of the Centre for Health Protection of the State Penitentiary Service of Ukraine in the Zhytomyr region (hereinafter — the medical unit) is Ihor Volodymyrovych Didenko.
During the visit, the monitoring group inspected the premises of the medical unit without obstruction, familiarised itself with the conditions for providing medical care to prisoners, and had access to medical documentation.
On the day of the visit, the staffing table of the Zhytomyr City Medical Unit No. 8 of the branch of the Centre for Health Protection of the State Penitentiary Service of Ukraine in the Zhytomyr region had not been approved due to changes. At the same time, the head of the medical unit reported that the following positions were filled:
- Head of the medical unit — doctor — 1 post;
- Physician (therapist) — 0.5 post;
- Dentist — 0.5 post;
- Psychiatrist — 0.5 post;
- Phthisiatrist (TB specialist) — 0.5 post;
- Radiologist — 0.75 post;
- Infectious disease specialist — 0.5 post;
- Surgeon — 0.25 post;
- Dermatovenereologist — 0.25 post;
- Ultrasound diagnostics physician — 0.25 post;
- General practitioner / family medicine doctor — 0.5 post;
- Medical assistant (feldsher) — 4 posts;
- Senior medical assistant — 1 post;
- Nurse — 0.5 post;
- Radiology technician — 1 post;
- Pharmacy assistant — 0.5 post;
- Laboratory assistant — 2 posts;
- Junior nurse — 1 post;
- Disinfector — 0.5 post.
The following positions remain vacant:
- Dermatovenereologist — 0.25 post;
- Ultrasound diagnostics physician — 0.25 post.
This year, 1,150 people have been treated, of which: 14 people were treated in the inpatient ward; 1,127 people were treated on an outpatient basis; 9 people were treated for a tuberculosis diagnosis.
During the visit, deficiencies in the work of the medical unit were identified, which lead to violations of the rights of convicts and persons held in custody at the state institution ‘Zhytomyr Penal Institution (No. 8)’, in particular, the following.
Persons held in the institution are not fully provided with personal protective equipment; there is no strict control over compliance with the mask regime on the territory of the institution among prisoners; and daily temperature screening of convicts and persons held in custody is not carried out.
In violation of the requirements of the ‘Standards for the Provision of Bedding, Special Clothing, and Special Footwear (Inventory Property) for Convicts Undergoing Treatment in Medical-Prophylactic Institutions, Institutions with Medical Rights, and Medical Units at Penal Institutions and Pre-trial Detention Centres’, approved by the order of the Ministry of Justice of Ukraine No. 280/5 dated 20.02.2012, convicted persons do not receive hospital property (hospital suits, robes, and slippers).
Violation of the rights of convicts and persons in custody during primary and preventive medical examinations.
In violation of the requirements of paragraph 2 of point 2 of chapter 2 of section II of the ‘Procedure for Organizing the Provision of Medical Care to Convicts Sentenced to Imprisonment’, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine No. 1348/5/572 dated 15.08.2014 (hereinafter — the Procedure), due to the absence of a gynaecologist on the medical unit's staff, women newly arriving at the institution in 2023 did not undergo a full primary medical examination, as a result of which they do not receive proper medical care.
Violation of the rights of persons with viral hepatitis C.
During 2023, 213 tests for viral hepatitis C were conducted in the medical unit, of which 66 people were suspected of having the aforementioned disease. In violation of the requirements of the ‘Standards for Medical Care for Hepatitis C in Adults’, approved by the order of the Ministry of Health of Ukraine No. 51 dated 15.01.2021, persons with suspected viral hepatitis C do not undergo PCR testing, due to which they do not receive the necessary treatment, which may lead to the deterioration of their health and the spread of the aforementioned infectious disease among convicts and persons in custody.
Non-compliance with infection control and epidemiological surveillance.
On the day of the visit, there were 13 people in the institution suffering from active tuberculosis.
In violation of the requirements of point 2 of section II of the ‘Standard for Infection Control for Healthcare Institutions Providing Care to Patients with Tuberculosis’, approved by the order of the Ministry of Health No. 287 dated 01.02.2019 (hereinafter — the Standard), the medical unit did not comply with the requirements for the isolation of patients with tuberculosis, in particular, patient wards for those with an infectious form of the disease are used for more than one or two people (5 cell-wards for tuberculosis patients for 19 bed spaces); doors to the wards are not equipped with sealed thresholds or seals on the edges; and air recirculation using mechanical ventilation is not provided.
Violation of the right of convicts to proper dental care.
In violation of the requirements of the ‘Table of Equipment for a Dentist's and Dental Technician's Workplace’, approved by the order of the Ministry of Health of Ukraine No. 158 dated 11.04.2005, the medical unit lacks a dental X-ray machine, which makes it impossible to conduct an in-depth dental examination and does not ensure the timely provision of proper dental care to prisoners and convicts.
Violation of the rights of persons with disabilities (Article 9 of the UN Convention on the Rights of Persons with Disabilities).
Dispensary supervision is carried out for 19 people with disabilities. Of these, 3 people have Group I; 4 have Group II; and 12 have Group III. At the same time, in violation of the requirements of the Law of Ukraine ‘On the Rehabilitation of Persons with Disabilities in Ukraine’, persons with disabilities do not receive proper diagnostic, therapeutic, and rehabilitation measures in the presence of evidence confirming persistent impairment of body functions caused by diseases or consequences of injuries that cause limitations in normal life activities. During the study of the convicts' medical documentation, it was established that not all individuals have individual rehabilitation programmes, and recommendations from individual rehabilitation programmes are not being followed, due to which they do not receive proper diagnostic, therapeutic, and rehabilitation measures in the presence of information confirming persistent impairment of body functions caused by diseases and the consequences of injuries that cause limitations in normal life activities.
Furthermore, in violation of the requirements of the State Building Norms of Ukraine V.2.2-17:2006 ‘Buildings and Structures. Accessibility of Buildings and Structures for Low-Mobility Population Groups’, conditions for housing people with disabilities have not been created in the institution (there are no ramps, handrails, etc.).
Violation of the right of convicts to proper sanitary and hygienic conditions in a healthcare facility.
On the day of the visit, there were 16 people in the medical unit's inpatient ward, 13 of whom had active tuberculosis.
The cell-ward premises are in need of major repairs, and the walls in the cells are damaged by fungus. The cells are not equipped with tanks for boiled drinking water and have no supply-and-exhaust ventilation. The windows are wooden, and the sanitary facilities and sewage system are worn out and in need of repair with the replacement of sanitary equipment. This leads to filth, leaks, unsanitary conditions, a persistent unpleasant odour, and harm to the health of the prisoners.
In violation of the ‘State Sanitary and Anti-Epidemic Rules and Norms Regarding the Handling of Medical Waste’, approved by the order of the Ministry of Health of Ukraine No. 325 dated 08.06.2015, the branch of the State Institution ‘Centre for Health Protection of the State Penitentiary Service of Ukraine’ in the Zhytomyr region has not concluded an agreement with a specialized institution for the disposal of medical waste, due to which proper collection, sorting, and disposal of medical waste has not been organized in the medical unit since the beginning of 2023.
Repair work is being carried out on the premises of the medical unit.
Catering Unit
Repair work is ongoing on the premises of the catering unit.
Contact Short-Term Visits
‘Fight for Life’ Project
As part of the ‘Fight for Life’ project, 10 interviews were recorded with prisoners sentenced to life imprisonment who claim they did not commit the crime and are serving their sentences undeservedly.