Report on the results of the monitoring visit to the State Institution ‘Raikivetska Correctional Colony No. 78’
On 14 April 2023, a monitoring group consisting of an assistant to the People's Deputy of Ukraine Kostiantyn Kasai, a member of the public council under the Ministry of Justice of Ukraine Serhiy Zuykov, an assistant to the People's Deputy of Ukraine Yaroslav Yurchyshyn, a KHPG programme coordinator Andriy Didenko, and a journalist from the Information Agency “Poriad z vamy” Oleksiy Yaroslavtsev conducted a routine preventive monitoring visit to the state institution “Raikivetska Correctional Colony No. 78”.
This year’s visit was conducted within the framework of the project “Reduction of 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 compliance with human rights in the penal institution and to compare it with the previous visit.
The previous visit took place on 9 July 2022.
The head of the institution is Colonel of the Internal Service Viktor Anatoliiovych Turkot.
General Information
The state institution “Raikivetska Correctional Colony No. 78” is a medium-security correctional colony for holding men who have previously been sentenced to imprisonment.
The monitors entered the institution’s territory quickly and without hindrance, had the opportunity to visit any premises without restrictions, and communicate with convicts, including under conditions of anonymity.
The following areas were inspected: the production zone, the disciplinary isolation ward (DIZO)/cell-type unit (PKT)/disciplinary room (DPK), the canteen, the bath and laundry complex, and visitation rooms.
According to the institution’s management, there are 2.7 convicts per staff member.
The cost of maintaining one prisoner per day is 104.31 hryvnias.
During 2023, 76 convicts arrived at the institution.
During 2022, 3 people died in the institution; in the current year, 2 convicts have died.
126 people are employed, of whom 26 are employed under a labour contract (agreement). The average monthly salary of convicts in the current year is 6,700.00 hryvnias; under contracts, it is 941.40 hryvnias.
There is a shop operating in the institution.
At the time of the visit, there were 21 people in the DIZO and 2 people in the PKT.
There are vacant psychologist positions in the institution.
On the register for HIV/AIDS — 38 people. Registered as suicide-prone — 18; this year there was 1 suicide case; prone to self-harm — 16; prone to escape — 3; as malicious violators of the detention regime — 5 people.
No complaints were recorded regarding inappropriate detention conditions or inadequate medical care in 2022 and during the current year.
As of 01.04.2023, 4 people had disability group II, and 19 people had disability group III.
In 2022, 234 people were released, of whom 43 were released on parole, and 31 others had their detention regime changed to a more lenient one.
Since the beginning of 2023, 47 people have been released, of whom 3 were released on parole, and another 4 convicts had their detention regime softened.
No answer was received regarding how many cases of bodily injury were recorded in 2022 and 2023.
There were 2 visits conducted using the Internet. In 2022, 34 long-term visits and 69 short-term visits through glass were provided; the practice of short-term contact visits is not used.
For the period of 2023, as of the time of the visit, 21 long-term visits and 43 short-term visits through glass had been provided.
The institution has 90 tablets, which are kept by the convicts. In the current year, 519 telephone calls were made.
At the time of the visit, there is a shortage of personnel in the institution. In total, there are 92 employees, which is 30.6% of the total requirement, namely: middle and senior command staff — 10 employees (17.5%), junior command staff — 40 employees (17.6%), junior inspectors of the supervision and security department — 41 (49.4% of the requirement).
The practice of an absence of complaints from convicts regarding the actions (inaction) of the institution’s management suggests that either convicts are persecuted for making complaints or they do not see the point in submitting them.
Production
Slave labour
In production, in the workshop where convicts process polyethylene, the premises are not heated.
16 convicts work there.
Convict H. has been working, according to his words, for about half a year. Convict P. has been working for 2 years. Convict R. has been working for a year.
According to the accounting department, convict P. works on the manufacturing of secondary polymer. Over 5 months, he earned 994 hryvnias and 50 kopecks. Convict V. received 3,000 hryvnias for 5 months of work. The average salary under a civil law contract is 950 hryvnias per month.
Waste sorting is the lowest-paid work.
Convict B. started working in February. For the month of February, he received 230 hryvnias; for March, he received 245 hryvnias. From this money, deductions for utilities and other payments (lawsuits and alimony) are made, if any. The convict receives about 120 hryvnias per month in hand.
Sewing workshop:
Convicts A., V., T., K., V., Z., B., V., N., A., K., L., G., K., S., V., D. were interviewed.
Convict T. earned 6,000 hryvnias in 6 months. From these 6,000, deductions are made, leaving about 500 hryvnias per month.
Convicts A. and B., by their own accounts, have been working for almost two years; convict V. has been working for one year and six months. Convict K. has been working for 2 years and three months. Convict K. has been working for 9 months. Convict S. has been working as a duty convict for three years. Convict A. earned 116 hryvnias for March. Deductions are made from this, and about 55 hryvnias per month are credited to his personal account. Convict P. earned 617 hryvnias in a month in sewing production and received about 308 hryvnias.
DIZO/PKT/DPK
The unlawful practice of keeping beds in the DIZO in a raised (folded) position continues, even despite clear clarifications from the leadership of the SCES.
The administration treats the raising of beds during the day as an element of punishment in the DIZO.
The premises are damp and in need of repair.
In two convicts' cells, the beds were unfolded due to a “doctor’s recommendation”.
There is a room for medical examinations by a doctor.
Showers are available once a week.
At the time of the visit, 21 people were serving a disciplinary penalty in the DIZO. Another 2 people were in the PKT.
There is no drinking water; convicts draw water from a tap, and drinking water tanks are empty.
There are no books or basic necessities in the cells.
A large number of interviewed convicts did not possess information about their right to free legal aid during the imposition of a disciplinary penalty. None of those interviewed had used the legal aid of a lawyer. Furthermore, convicts do not possess information about their right to appeal to the Ukrainian Parliament Commissioner for Human Rights in a sealed envelope and to receive a response also in a sealed envelope.
Convict P. received 14 days of DIZO for not standing up at the “reveille” command.
Convict V. received 2 months of PKT for not coming out for inspection.
Convict P. has been in a cell on general grounds for almost 9 months.
Convict F. has been in a cell on general grounds for three months.
Convict Z. is in a cell on general grounds, has no contact with relatives, and complained that he has been writing to the administration for several months asking for soap to be issued, but has received no response.
Medical Unit
The head of Medical Unit No. 78 of the branch of the state institution “Health Centre of the State Criminal-Executive Service of Ukraine” in Khmelnytskyi Oblast (hereinafter — the medical unit) is Oleh Leontiiovych Ostash.
During the visit, the monitoring group inspected the premises of the medical unit without hindrance, familiarised itself with the conditions for the provision of medical care to convicts, and had access to medical documentation.
The medical unit’s infirmary has nine wards for somatic patients and two infectious disease isolation wards available.
One isolation ward for patients with intestinal infections is designed for two bed spaces.
The second isolation ward for individuals with tuberculosis is designed for twelve bed spaces.
According to the staffing table provided by the head of the medical unit, the following positions are filled:
- head of the medical unit — 1 post;
- general practitioner — 1.5 posts;
- dentist — 0.5 posts;
- psychiatrist — 0.5 posts;
- narcologist — 0.5 posts;
- ultrasound diagnostic physician — 0.5 posts;
- radiologist — 0.5 posts;
- senior paramedic — 1 post;
- paramedic — 4.5 posts;
- dental nurse — 0.5 posts;
- radiology laboratory assistant — 0.5 posts;
- pharmacy assistant — 1 post;
- laboratory assistant — 1 post;
- junior nurse — 0.5 posts.
There are no vacant positions.
Under dispensary observation are: tuberculosis (5.1) patients — 61 people, psychiatric patients — 49, HIV-infected individuals — 38 (38 receive ART), 23 individuals who have a disability (of whom: group II — 4 people; group III — 19 people).
On the day of the visit, 4 people were in the infirmary, of whom 3 were suffering from somatic diseases and 1 person from tuberculosis (newly diagnosed tuberculosis).
During the monitoring visit, shortcomings were identified in the work of Medical Unit No. 78, leading to a violation of the rights of convicts in the SI “Raikivetska Correctional Colony (No. 78)”, in particular the following.
Violation of the rights of convicts and detainees to receive primary, secondary, and tertiary medical care
In accordance with the requirements of paragraph 7 of part 1 of the Resolution of the Cabinet of Ministers of Ukraine dated 27.12.2022 No. 1464 “Some issues of implementing the programme of state guarantees of medical care for the population in 2023”, the National Health Service of Ukraine (NHSU) pays for medical services provided based on paper referrals for patients held in penal institutions or pre-trial detention centres of the State Criminal-Executive Service, until the health facilities of the State Criminal-Executive Service are technically capable of issuing electronic referrals. However, due to the lack of concluded declarations with a primary care physician, convicts do not have the opportunity to receive the necessary medical services at the expense of the NHSU, which leads to a violation of the requirements of paragraphs 4 and 5 of Article 4 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Healthcare”.
Violation of the rights of convicts during preventive medical examinations
During the study of medical documentation, it was established that, according to the “Logbook of results of preventive medical examinations of the medical unit (No. 78)”, a medical examination was conducted for 544 people during the current year. The medical examination was conducted by the head of the medical unit — a psychiatrist, who occupies these positions according to the staffing table, as evidenced by the signature of the doctor of the relevant specialty in the logbook. At the same time, in violation of paragraph 6 of Chapter III of Section II of the “Procedure for organising 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 dated 15.08.2014 No. 1348/5/572 (hereinafter — the Procedure), for the last ten convicts who underwent a preventive medical examination, the date of the examination and the doctor’s signature are missing in the “Logbook of results of preventive medical examinations”, the form of which is provided in Appendix 4 to the Procedure. Moreover, in the “Logbook of results of preventive medical examinations of Medical Unit No. 78”, these individuals have a diagnosis and recommendations listed, which indicates that the preventive medical examination is carried out formally, likely without the presence of the convicts.
According to paragraph 7 of Chapter III of Section II of the Procedure, convicts working in catering facilities (except for work related to the positions of salespeople, heads of food and supply warehouses, storekeepers) and the processing industry, in children’s homes, general secondary education institutions, vocational training units in special correctional colonies, medical units (paramedic stations) and hospital facilities of the SCES (except for work related to the provision of medical care), laundries, baths, rooms for long-term visits, dormitories, clubs, water supply and sewage facilities, and livestock breeding and rearing sections, must undergo mandatory preliminary and preventive medical examinations in accordance with the Resolution of the Cabinet of Ministers of Ukraine dated 23.05.2001 No. 559 “On approval of the list of professions, industries and organisations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations and the issuance of personal medical books”. For every convict of this category, a primary accounting document form No. 1-OMK “Personal medical book”, approved by the order of the Ministry of Health of Ukraine dated 21.02.2013 No. 150, registered in the Ministry of Justice of Ukraine on 23.04.2013 under No. 662/23194, is opened. Thus, the monitoring group recorded the absence of personal medical books in the SI “Raikivetska Correctional Colony (No. 78)” for 6 convicts working in the canteen.
Non-compliance with infection control and epidemiological surveillance for tuberculosis
In violation of the requirements of paragraph 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 dated 01.02.2019 No. 287 (hereinafter — the Standard), the medical unit fails to meet the requirements for isolating patients with tuberculosis, in particular: wards for patients with an infectious form of the disease are used for more than one or two people (1 isolation ward for 12 bed spaces); doors to the ward are not equipped with a sealed threshold or seals along the edges; air recirculation using mechanical ventilation is not provided.
Persons held in the medical unit are not fully provided with personal protective equipment; strict control over compliance with the mask regime is not carried out on the institution's premises among prisoners; and daily temperature screening of convicts is not conducted.
Violation of the rights of detainees and convicts to adequate sanitary and hygienic conditions in a healthcare facility
The premises of the medical unit do not meet the requirements of Article 22 of the Law of Ukraine “On ensuring sanitary and epidemiological well-being of the population”. The wards of the medical unit are in need of repair: walls have peeling paint in places, broken ceramic tiles on wall panels, and old wooden flooring, which makes disinfection of these premises difficult; there is no hot water supply.
Bathrooms in some wards are in need of repair.
This negatively affects the therapeutic environment in the medical unit.
The temperature in the premises is less than 15 degrees Celsius.
In violation of Article 115 of the Criminal-Executive Code of Ukraine, in the isolation ward for individuals with tuberculosis, which is designed for 12 bed spaces, the requirements regarding the standard of living space per convict in in-patient treatment conditions (no less than 5 m² per person) are violated.
Convicts are not provided with drinking water. They draw water for consumption directly from the centralised water supply network or boil it themselves.
In violation of the requirements of the Standard of equipment, special clothing, and special footwear (inventory property) for convicts undergoing treatment in medical and preventive institutions, facilities with the status of medical ones, and in medical units at penal institutions and pre-trial detention centres, approved by the order of the Ministry of Justice of Ukraine dated 20.02.2012 No. 280/5, convicted persons do not receive hospital property (hospital suit, robe, and shoes). Convicts stay in the infirmary in everyday clothes, with their own bed linen.
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 dated 08.06.2015 No. 325, the branch of the SI “Health Centre of the SCES of Ukraine” in Khmelnytskyi Oblast has not concluded an agreement with a specialised institution for the disposal of medical waste, due to which proper collection, sorting, and disposal of medical waste have not been organised in the medical unit since the beginning of 2023.
Violation of the rights of persons with disabilities (Article 9 of the UN Convention on the Rights of Persons with Disabilities)
Dispensary observation is carried out for 23 persons with disabilities. Of these, group II — 4 people; group III — 19 people. 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 appropriate diagnostic, treatment, and rehabilitation measures when there is information confirming a persistent impairment of body functions caused by diseases or consequences of injuries that cause limitations in normal life activities. During the study of the medical documentation of convicts, it was established that not all individuals have individual rehabilitation programmes, and the recommendations of individual rehabilitation programmes are not fulfilled, due to which they do not receive appropriate diagnostic, treatment, and rehabilitation measures in the presence of information confirming a persistent impairment of body functions caused by diseases and 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 groups of the population”, conditions for accommodating people with disabilities have not been created in the institution (there are no ramps, handrails, etc.).
Violation of the rights of convicts to psychiatric care
Dispensary observation in Medical Unit No. 78 of the branch of the state institution “Health Centre of the State Criminal-Executive Service of Ukraine” in Khmelnytskyi Oblast is carried out for 49 individuals with mental disorders. At the same time, in violation of paragraph 8 of part 5 of Chapter 2 of the Procedure for organising 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 dated 15.08.2014 No. 1348/5/572, there is no isolation ward in the infirmary for individuals with mental disorders for convicts who pose a danger to others.
Medicinal products with expired shelf lives
In violation of paragraph 2 of paragraph 5 of Section I, paragraph 4 of paragraph 5 of Section III, and paragraph 1 of paragraph 6 of Section IV of the Rules for storage and quality control of medicinal products in medical and preventive institutions, approved by the order of the Ministry of Health of Ukraine dated 16.12.2003 No. 584, in Medical Unit No. 78 of the branch of the state institution “Health Centre of the State Criminal-Executive Service of Ukraine” in Khmelnytskyi Oblast, during the visit to the dental office, monitors recorded expired filling material.
Violation of the rights of persons with viral hepatitis C
During 2023, 116 tests for the presence of viral hepatitis C were conducted in the medical unit using rapid tests, of which 42 individuals were suspected of having the disease. In violation of the requirements of the Standards of medical care for HCV in adults, approved by the order of the Ministry of Health of Ukraine dated 15.01.2021 No. 51, individuals with suspected viral hepatitis C do not undergo PCR testing, due to which they do not receive the necessary treatment, which may lead to a deterioration in their health status and the spread of the mentioned infectious disease among convicts and detainees.
Improper maintenance of medical documentation
According to the logbook of bodily injuries, 6 cases of such injuries were recorded in the institution for 2022; for 2023 — 0 cases. The low level of recording injuries, considering the actual number of convicts, which is 577 people, indicates an absence of appeals by convicts to the medical unit when sustaining bodily injuries and a formal approach to the recording of bodily injuries by medical staff during medical examinations of convicted persons.
At the same time, in violation of paragraph 3 of Section 1 of Chapter II of the joint Order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572 “On approval of the Procedure for organising the provision of medical care to convicts sentenced to imprisonment”, medical records of an outpatient (form 025/o) lack certificates and attachments in the form of photographs of existing bodily injuries. Also, in violation of the order of the Health Centre of the SCES of Ukraine dated 29.10.2021 No. 318-OD “On approval of the primary recording card for external injuries, instructions for its completion, and the form of the logbook for recording detected bodily injuries”, copies of the card are not attached to the outpatient medical record (form 025/o).
Violation of the rights of convicts to adequate dental care
In violation of the requirements of the List of equipment for one workplace of a dentist and dental technician, approved by the order of the Ministry of Health of Ukraine dated 11.04.2005 No. 158, 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 adequate dental care to detainees and convicts.
Bath and laundry complex
In the bathhouse, water is regulated centrally, there are no curtains on the cubicles, which violates the right to privacy; also, rubber mats are missing.
Paramedic’s corner. The paramedic’s desk is located behind a transparent grille, meaning medical examinations are conducted in the presence of other convicts. Changing room:
Short-term contact visit room
A renovated room for contact short-term visits, which has not been used during 2022-2023.
