Donetsk Memorial • Kharkiv Human Rights Group
Ukr
Monitoring of the penal system

Report on the Results of the Monitoring Visit to Bila Tserkva Correctional Colony No. 35

  Andrii Didenko, Serhii Zuikov, Oleh Tsvilyi 
This article was translated using artificial intelligence. Please note that the translation may not be entirely accurate.View the original article
The first visit to the institution took place on 6 August 2021. During the follow-up visit, our monitors observed that the previously provided recommendations had been only partially implemented. The facility practices unpaid slave labour, lacks privacy, fails to properly document bodily injuries, and commits other violations.

General Information

Bila Tserkva Correctional Colony No. 35 (BCC No. 35) is a medium-security correctional colony for men who have previously served sentences in places of deprivation of liberty.

BCC No. 35 is located at: 16 Vasyl Symonenko Street, Bila Tserkva, Kyiv Region.

The head of the institution is Colonel of the Internal Service, Yevhenii Volodymyrovych Ponochovnyi.

The institution consists of a production zone, a canteen, a residential zone with socio-psychological service units, a Quarantine, Diagnostics, and Distribution (QDD) unit, a medical unit, a bath and laundry complex, a disciplinary isolation/cell-type unit (DIU/CTU), a shop, a library, and administrative premises.

The established staff headcount of the institution comprises 262.5 positions. The actual headcount is 162.5 positions. The total staff shortage for the institution is 100 employees.

The planned capacity of the institution is 782 persons. The actual number is 651 persons.

There are 17 socio-psychological service units in BCC No. 35. During the current year, 136 persons have arrived at the institution.

In 2023, four people died; in the current year, one person has died. 259 people are employed according to employment contracts. There were three people in the disciplinary isolation unit (DIU) and three in the cell-type unit (CTU). Five people are undergoing treatment in the medical unit. There are 24 people in the QDD unit and one person in the pre-trial detention unit.

There are 88 persons registered with HIV/AIDS. The following persons were on the operational-preventive register at the institution: suicide-prone — two; prone to self-harm — 13; escape-prone — three; malicious violators of the detention regime — 93 persons. During 2023–2024, not a single complaint from convicts regarding improper conditions of detention and improper provision of medical care was recorded. Two persons have Group II disability, and 13 have Group III. A total of 61 people are overall rejected.

Convicts have 41 tablets with internet access for personal use. 15 convicts have their own email addresses. In 2023, one convict had a short-term leave outside the institution due to exceptional circumstances; in the current year, there was also one.

The monitoring group interviewed 201 convicts.

Humanitarian needs: 12-litre thermoses — 18 units, 36-litre thermoses — seven units. The convicts complained about systematic power cuts and the lack of refrigerators in the socio-psychological service units.

Preliminary Remarks

The previous visit to BCC No. 35 by the monitoring group was carried out on 6 August 2021.

Based on the results of the previous visit to the institution, it was established that:

  1. The sewing workshop premises, toilets, and washbasins were in an improper condition and required capital repairs;
  2. The exercise yards of the DIU/CTU required repairs;
  3. There was unlawful solitary confinement in the pre-trial detention unit;
  4. There were problems with the provision of identity documents for convicts;
  5. The basement room for storing preserved food was in a flooded state after rain;
  6. A large quantity of sauerkraut was unfit for consumption;
  7. The roof in the boiler room was leaking;
  8. Laundry was being dried in workspaces;
  9. The inventory list stated that financial liability lay with the convict;
  10. There was a violation of the right to medical assistance.

The recommendations provided following the previous visit were partially implemented, namely: repair work was carried out in residential and production premises.

Facts Discovered During the Visit

1. Violation of the Right to Decent Conditions of Detention (Article 5 of the Universal Declaration of Human Rights, Part 1 of Article 28 of the Constitution of Ukraine)

1.1. The equipment of the disciplinary isolation unit (hereinafter — DIU), the pre-trial detention unit (hereinafter — SIZO), and the quarantine, diagnostics, and distribution unit (hereinafter — QDD) does not meet the standards for the treatment of prisoners and the conditions of their detention according to their functional purpose. Thus, in violation of the requirements of the "Norms for Provision of Furniture, Inventory, and Household Items for Medium-Security Correctional Colonies," approved by Order of the Ministry of Justice of Ukraine No. 1118/5 dated 27 July 2012 (hereinafter — Provision Norms), the room for food distribution, food storage, and dishwashing in the DIU lacks a two-chamber sink with a mixer tap, a drying rack, and a table for food preparation.

There is no changing room, and consequently, convicts are required to change in the storage room for exchangeable bedding, clothing, and workwear.

1.2. In cell No. 3 of the DIU for detainees under general conditions, there is excessive window barring and insufficient natural light; therefore, general lighting is switched on constantly. At the time of the visit, the general lighting level was 26 lux, whereas according to Appendix Zh, "Normative Lighting Indicators for Residential Buildings," of the State Building Norms (DBN) V.2.5.-28:2018 “Natural and Artificial Lighting,” approved by the Order of the Ministry of Regional Development, Construction, and Housing and Communal Services of Ukraine No. 264 dated 3 October 2018, the illumination of work surfaces in sleeping and living rooms should be 150 lux.

In cell No. 6 of the CTU, there is excessive window barring and insufficient natural light: 6.5 lux — natural light, 55 lux — general with the light on. There are no drinking water tanks.

In cell No. 7 of the CTU, there is excessive window barring and insufficient natural light: 5.6 lux — natural light, 49 lux — general with the light on.

1.3. In unit No. 15, within the sleeping quarters of the socio-psychological service units, the beds are placed flush against each other, which does not provide convicts with the personal space envisaged by Rule 18.1 of the European Prison Rules.

1.4. In the sleeping quarters of the socio-psychological service unit where convicts reside, there are no electrical sockets. At the same time, convicts have the right to use tablets and accessories for them.

1.5. In the sleeping quarter of the 14th socio-psychological service unit, 20 convicts live in a room with a total area of 54.65 m², which amounts to 2.7 m² per convict, a violation of the minimum standards: 4 m² of living space per convict.

1.6. In the 14th socio-psychological service unit, there are no drinking water tanks.

1.7. There is no first aid kit or drinking water tank in the bomb shelter.

1.8. In violation of the Provision Norms in the pre-trial detention unit, the doctor's office for outpatient reception lacks a chair, a stool, a medical cabinet, and a washbasin.

1.9. In the QDD unit, there is no equipped room for food storage, and consequently, newly arrived convicts store food in the dining room. There is no equipped utility room.

1.10. In violation of the requirements of Clause 2, Section 1 of the "Regulations on the Quarantine, Diagnostics, and Distribution Unit," approved by the Order of the Ministry of Justice of Ukraine No. 2300/5 dated 4 November 2013, the QDD unit is not equipped with a shower stall, and therefore, convicts are forced to carry out hygiene procedures in the general bathhouse. This does not ensure the isolated detention of newly arrived convicts to prevent their contact with other convicts.

1.11. In violation of the requirements of Clause 2.19 of the "Regulations on the Organisation of Bath and Laundry Services for Persons Held in Correctional Institutions and Pre-trial Detention Centres," approved by the Order of the Ministry of Justice of Ukraine No. 849/5 dated 8 June 2021 (hereinafter — Regulations), information containing the duties of persons responsible for providing bath and laundry services, safety rules, and standards for the provision of detergents is not displayed in a visible place in the barbershop and laundry premises.

1.12. In violation of Clause 2.13.3 of the Regulations, there are no rubber mats on the floor in the passageways of the changing (dressing) rooms.

2. Violation of the Right to Work and Social Protection

Violation of the right to work and protection against exploitation (Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 43 of the Constitution of Ukraine). According to Article 119 of the Criminal Executive Code of Ukraine, the labour of persons sentenced to deprivation of liberty shall be paid according to its quantity and quality. Furthermore, Clause 5.1 of the "Instructions on the Conditions of Labour and Wages of Convicts Sentenced to Restriction of Liberty or Deprivation of Liberty," approved by the Order of the Ministry of Justice of Ukraine No. 396/5 dated 7 March 2013, states that the wages accrued to convicts, provided they meet production quotas or working time requirements, cannot be less than the legislatively established minimum wage. Convicts must receive the minimum wage.

2.1. In the DIU/CTU/pre-trial detention unit, three orderlies work without remuneration.

The interviewed convicts reported the following: convict Y. has been working as an orderly for about a year. He starts work at 7:00 a.m. and works until 8:00 p.m. without weekends or holidays. Convict N. reported that he has been working as an orderly for five months, starts work at 6:10 a.m., and works until 9:00 p.m. without weekends or holidays.

2.2. Convicts N. and H. work on the auxiliary farm without remuneration and without social protection, which is a violation of their rights to work and social protection.

According to the certificate provided by the institution's management and signed by the Deputy Head of the Institution for Industrial and Penitentiary Activities, Lieutenant Colonel of the Internal Service Vadym Polishchuk, as of 1 May 2024, regarding the maintenance of livestock on the auxiliary farm of BCC No. 35, there is a group of animals and birds: replacement sows — four heads, main sows — one head, fattening pigs — 16 heads, sheep — 25 heads, ducks — seven heads. The animals are fed using food waste collected from the canteen for convicts. During 2024, one pig with a live weight of 127 kg was sold for a total amount of 7,874.00 hryvnias. No slaughtering of animals for the consumption of convicts was conducted.

Taking these circumstances into account, convicts should receive the minimum wage. Convicts in production and workshops were interviewed, and the monitors reviewed documentation regarding wage accruals for January, February, and March 2024.

Convict Ts. earned 681 hryvnias and 60 kopecks; convict B. — 681 hryvnias and 60 kopecks; convict H. — 639 hryvnias; convict D. — 690 hryvnias and 54 kopecks; convict Ts. — 690 hryvnias and 54 kopecks. Such wages for three months can be equated to slave labour, considering that the minimum wage per month in the country, as of August 2023, was 6,700 hryvnias.

Medical Unit No. 35 of the Branch of the State Institution “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in the City of Kyiv and Kyiv Region

Head of Medical Unit No. 35 of the Branch of the State Institution “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in the city of Kyiv and Kyiv Region (hereinafter — medical unit) — Petro Petrovych Chyrka.

The inpatient department of the medical unit has one ward for somatic patients, designed for six beds, one infectious isolation ward designed for six beds, and an isolation ward for persons with mental disorders with two beds.

According to the staffing table, the following positions are vacant: general practitioner/family doctor — 1 position; infectious disease specialist — 0.5 position; senior paramedic — 1 position.

On the day of the visit, five people were in the inpatient department of the medical unit.

During the visit, the monitoring group studied the medical documentation and inspected the premises of the medical unit for compliance with the legislation of Ukraine and international standards. Defects were found in the operation of Medical Unit No. 35, leading to violations of the rights of convicts and persons held in the State Institution “Bila Tserkva Correctional Colony No. 35,” in particular:

1. Violation of the Right of Convicts to Protection from Torture or Inhuman or Degrading Treatment or Punishment (Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms) and Violation of the Right to Healthcare and Medical Assistance (Article 49 of the Constitution of Ukraine)

1.1. In violation of Clause 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 “On Approval of Licensing Conditions for the Conduct of Economic Activity in Medical Practice,” there is no document confirming free access to the buildings and premises of the medical facility for persons with reduced mobility, the acquisition of which is mandatory.

1.2. In accordance with the requirements of Clause 7, Part 1 of the Resolution of the Cabinet of Ministers of Ukraine No. 1394 dated 22 December 2023 “Certain Issues of Implementation of the Programme of State Guarantees for Medical Care of the Population in 2024,” the National Health Service of Ukraine (NHSU) pays for medical services provided based on paper referrals for patients held in correctional institutions or pre-trial detention centres of the State Criminal-Executive Service, until the health care institutions of the State Criminal-Executive Service create the technical capability to issue electronic referrals. However, due to the lack of signed declarations with a primary care physician, convicts do not have the opportunity to receive necessary medical services paid for by 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.”

1.3. In violation of the requirements of the "Instructions on Filling Out the Form of Primary Accounting Documentation No. 003-6/o 'Informed Voluntary Consent of the Patient to Diagnostics, Treatment, and Surgery, Pain Relief, and the Presence or Participation of Participants in the Educational Process'," approved by the Order of the Ministry of Health of Ukraine No. 110 dated 14 February 2012, it was established that there was an absence of informed voluntary consent signed by patients staying in the inpatient ward for diagnostics and treatment. At the same time, patients were offered to sign consent forms of an unapproved model.

This may indicate the absence of voluntary consent from patients for the application of diagnostic, preventive, and treatment methods, which is a violation of Article 43 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Healthcare” and Clause 47 of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf(93)12-part) (hereinafter — CPT Standards).

1.4. The medical unit has not organised substitution maintenance therapy (SMT) for persons with mental and behavioural disorders resulting from opioid use, in accordance with the "Procedure for Conducting Substitution Maintenance Therapy for Persons with Mental and Behavioural Disorders Resulting from Opioid Use," approved by the Order of the Ministry of Health of Ukraine No. 200 dated 27 March 2012.

Drug-dependent persons are not provided with socio-psychological support, cognitive-behavioural therapy (CBT), relapse prevention, motivational interviewing, mutual aid groups, etc.

Thus, these individuals are deprived of the opportunity to receive SMT, which violates their right to choose methods of treatment in accordance with Article 38 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Healthcare.” At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment expresses a clear position that prisoners should have access to substitution maintenance therapy (SMT) to the same extent as free persons, and should meet the general principle of equivalence of medical care in correctional institutions and among free persons. (Report of the Committee on the results of the visit to Ukraine in 2009 (140.CPT/Inf (2011) 29), and in 2013 (164.CPT/Inf (2014) 15)).

1.5. During the visit, monitors established that there is a convict in the unit around the clock who performs the duties of an orderly. During the conversation, he reported that he works without a signed employment contract and occupies a bed in the isolation ward for persons with mental disorders. Thus, the management of the institution and the medical staff delegated to the orderly the right to exercise constant supervision over the convicts in the inpatient ward, control their compliance with the daily internal schedule, and perform tasks related to the provision of medical care.

At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment has repeatedly recommended stopping the practice of using convicts as assistants in medical units and as orderlies. (Report of the Committee on the results of the visit to Ukraine in 2005 (132.CPT/Inf (2007) 22), 2013 (151.CPT/Inf (2014) 15), 2017 (86.CPT/Inf (2018) 41)).

1.6. In violation of the requirements of Clause 3, Section 1, Chapter II of the joint Order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine No. 1348/5/572 dated 15 August 2014 “On Approval of the Procedure for Organising Medical Assistance to Convicts Sentenced to Deprivation of Liberty,” medical staff do not properly compile certificates detailing the nature, size, and location of bodily injuries.

In particular, in violation of the requirements of the "Instructions on Filling Out the Form of Primary Accounting Documentation No. 511/o 'Certificate No.___ on Recording Bodily Injuries'," approved by the Order of the Ministry of Health of Ukraine No. 110 dated 14 February 2012, they complete form No. 318-OD “On Approval of the Card of Primary Recording of External Injuries, Instructions for Its Completion, and the Form of the Journal for Recording Detected Bodily Injuries,” which became invalid as of 30 April 2024.

The lack of proper recording of bodily injuries does not comply with Clause 60 of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf(93)12-part), which states that medical services in places of detention can contribute to the prevention of violence against persons held in custody through the systematic registration of bodily injuries and, if necessary, by informing the relevant authorities.

1.7. During the inspection of the DIU, monitors established that when a convict is placed in the disciplinary isolation unit, it is common practice to attach to the case a medical certificate containing information about their health status and complaints, and concluding that the convict is fit to be held in the DIU, CTU, or punitive cell according to their health status. The discovered facts demonstrate that the institution's staff possess confidential information regarding the health status of convicts held in the DIU. This violates the requirements of Article 39-1 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Healthcare” regarding the right of persons to secrecy about their state of health.

Furthermore, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment has repeatedly recommended that doctors should not certify that a convict's state of health allows for placement in the DIU/CTU. In this regard, the CPT would like to emphasise that medical personnel working in correctional institutions are the personal doctors of the prisoners, which ensures a positive doctor-patient relationship and is an important factor in preserving the health, well-being, and welfare of prisoners. The aforementioned practice undermines positive relations between convicts and doctors (Report of the Committee on the results of the visit to Ukraine in 2005 (144.CPT/Inf (2007) 22), 2009 (151.CPT/Inf (2011) 29)). In addition, it contradicts Clause 43.3 of the European Prison Rules.

1.8. In violation of Article 115 of the Criminal Executive Code of Ukraine, the somatic ward violates the requirements regarding the standard of living space per convict in inpatient treatment conditions (not less than 5 m²). Thus, the total area of the somatic ward, where six beds are located, is only 29.4 m² according to the building plan.

1.9. In the infectious isolation ward and the somatic ward, beds are placed flush against one another, which does not ensure personal space for convicts and violates Rule 18.1 of the European Prison Rules (Recommendation No. R (2006) 2 of the Committee of Ministers of member states) (hereinafter — EPR).

1.10. In violation of the requirements of Rule 19.3 of the European Prison Rules, the sanitary facility in the isolation ward for infectious patients is not equipped with a door, and therefore the right of convicts to privacy is not respected.

2. Insufficient Equipment, Medical Supplies, and Medications in the Medical Unit. Violation of Fire Safety Rules

2.1. In violation of the requirements of the "Standard for Equipping a Workplace for a Dentist and Dental Technician," approved by the Order of the Ministry of Health of Ukraine No. 158 dated 11 April 2005, the medical unit lacks a dental X-ray machine, which makes it impossible to conduct in-depth dental examinations of convicts and does not ensure the timely provision of proper dental care.

2.2. During the inspection of the defibrillator's functionality, it was established that the expiration date of the electrodes passed on 5 November 2021. At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment recommended that medical services in all visited prisons (and all other penitentiary institutions in Ukraine) be equipped with life-saving equipment for doctors (Report of the Committee on the results of the visit to Ukraine in 2017, 87.CPT/Inf (2018) 41).

2.3. In violation of the "Procedure for Organising Medical Assistance at Primary, Secondary (Specialised), and Tertiary (Highly Specialised) Levels Using Telemedicine," approved by the Order of the Ministry of Health of Ukraine No. 681 dated 19 October 2015, the medical unit staff are deprived of the possibility to make requests for telemedical consultation and receive consultation for the provision of medical assistance to convicts due to technical reasons.

2.4. In violation of the requirements of the "Norms of Provision of Bedding, Special Clothing, and Special Footwear (Inventory Property) for Convicts Undergoing Treatment in Medical-Preventive Institutions, Institutions with Medical Status, and Medical Units in Correctional Institutions and Pre-trial Detention Centres," approved by the Order of the Ministry of Justice of Ukraine No. 280/5 dated 20 February 2012, convicts do not receive hospital items (hospital suit, robe, and slippers). Convicts stay in the inpatient ward in their everyday clothes, sometimes with their own bedding.

2.5. The X-ray room premises are not equipped with fire extinguishers, which is a violation of the requirements of Clause 3.6, Chapter 3, Section V of the Rules and a violation of Clause 10.18, Chapter 10 of the "State Sanitary Rules and Norms: Hygienic Requirements for the Arrangement and Operation of X-ray Rooms and Conducting Radiological Procedures," approved by the Order of the Ministry of Health of Ukraine No. 294 dated 4 June 2007, registered with the Ministry of Justice of Ukraine on 7 November 2007 under No. 1256/14523.

2.6. In violation of the "Fire Safety Rules in Ukraine," approved by the Ministry of Internal Affairs of Ukraine No. 1417 dated 30 December 2014, the medical unit premises are not equipped with fire extinguishing and fire alarm systems.

2.7. In violation of the "State Sanitary-Epidemiological Rules and Norms Regarding the Handling of Medical Waste," approved by the Order of the Ministry of Health of Ukraine No. 325 dated 8 June 2015, the branch of the State Institution “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in the city of Kyiv and Kyiv Region has not concluded an agreement with a specialised institution for the disposal of medical waste, and therefore proper collection, sorting, and disposal of medical waste have not been organised in the medical unit since the beginning of 2024.

3. Violation of the Rights of Convicts and Detainees During Primary and Preventive Medical Examinations

3.1. According to Clause 7, Chapter III, Section II of the Procedure, convicts working in food facilities (except for work related to the positions of sellers, heads of food and clothing warehouses, storekeepers), the processing industry, children's homes, general secondary education institutions, professional training units in special educational colonies, medical units (paramedic stations) and hospital facilities of the SCES (except for work related to the provision of medical care), laundries, bathhouses, rooms for long-term visits, dormitories, clubs, water supply and sewage facilities, and animal breeding and rearing sites, undergo mandatory preliminary and preventive medical examinations in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 559 dated 23 May 2001 “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 Records.” For every convict of the specified category, primary accounting documentation form No. 1-OMK “Personal Medical Record” is established, approved by the Order of the Ministry of Health of Ukraine No. 150 dated 21 February 2013, registered with the Ministry of Justice of Ukraine on 23 April 2013 under No. 662/23194.

At the same time, the monitoring group recorded the absence of a personal medical record for two bathhouse employees and the absence of examination results in the medical documentation conducted by specialist doctors (including laboratory, clinical, and other tests) required for work clearance.

3.2. In violation of Clause 6, Chapter III, Section II of the “Procedure for Organising Medical Assistance to Convicts Sentenced to Deprivation of Liberty,” information is not entered in the columns for diagnosis, recommendations, and the doctor's name and signature, which are registered in the “Journal of Results of Preventive Medical Examinations,” the form of which is provided in Appendix 4 to the Procedure, which indicates that preventive examinations are not conducted properly.

4. Violation of the Right to Proper Psychiatric Care

In accordance with Clause 43 of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf(93)12-part), a mentally ill prisoner should be held and cared for in a hospital facility with sufficient equipment and properly trained personnel. Such a facility could be a regular (civilian) psychiatric hospital or a specially equipped psychiatric facility within the penitentiary system. According to Clause 44 of the CPT Standards, the treatment of a mentally unstable and violent patient should be carried out under strict supervision with the provision of care for the patient and, if deemed necessary, with the use of sedative medications.

At the same time, the monitoring group identified a person with mental disorders who was undergoing inpatient treatment in a ward for somatic patients together with other convicts. Furthermore, in violation of the requirements of the "Instructions on Filling Out the Form of Primary Accounting Documentation No. 003-7/o 'Informed Consent of a Person to Psychiatric Examination'," approved by the Order of the Ministry of Health of Ukraine No. 970 dated 15 September 2016, it was established that the patient's inpatient medical record No. 003/o lacked the informed consent of the person to undergo a psychiatric examination, signed by the patient.

5. Violation of the Rights of Persons Suffering from Hepatitis C

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 No. 51 dated 15 January 2021, not all persons suspected of having viral hepatitis C undergo PCR testing, and therefore they do not receive the necessary treatment, which may lead to a deterioration of their health and the spread of this infectious disease among convicts and detainees.

6. Violation of the Rights of Persons with Disabilities (Article 9 of the UN Convention on the Rights of Persons with Disabilities)

6.1. Dispensary supervision is provided for 14 persons with disabilities. Of these, 2 persons have Group II disability; 12 persons have Group III. At the same time, in violation of the requirements of the Law of Ukraine “On Rehabilitation of Persons with Disabilities in Ukraine,” persons with disabilities do not receive proper diagnostic, treatment, and rehabilitation measures, despite the presence of information confirming persistent impairment of body functions caused by diseases and the consequences of injuries that cause limitations in normal life activity.

During the study of the convicts' medical documentation, it was established that not all persons with disabilities have individual rehabilitation programmes (hereinafter — IRP). Furthermore, the recommendations of the IRP are not being fulfilled, and consequently, they do not receive proper diagnostic, treatment, and rehabilitation measures despite the existence of information confirming persistent impairment of body functions caused by diseases and the consequences of injuries that cause limitations in normal life activity.

6.2. 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 Persons with Reduced Mobility,” conditions for the detention of people with disabilities have not been created in the medical unit (ramps, handrails, etc. are missing).

7. Non-compliance with Infection Control and Epidemiological Surveillance

7.1. In violation of the "Measures and Means for Preventing Infection During Patient Care," approved by the Order of the Ministry of Health of Ukraine No. 1777 dated 3 August 2020, only one isolation ward for infectious patients is equipped in the medical unit, which makes it impossible to simultaneously house patients with dangerous infectious diseases separately from one another and from other convicts.

7.2. In violation of the requirements of Clause 1, Section II of the "Standard of Infection Control for Health Care Facilities Providing Care to Tuberculosis Patients," approved by the Order of the Ministry of Health No. 287 dated 1 February 2019, the medical unit does not comply with the requirements for isolating patients with tuberculosis; the ward is used for more than one or two people (one ward-cell for six beds), the door to the ward is not equipped with a sealed threshold or edge seals, and air recirculation via mechanical ventilation is not provided.

8. Recommendations:

  1. Stop the practice of using unpaid labour of convicts;
  2. Review the practice of exercising the convicts' right to paid labour in accordance with labour legislation;
  3. Ensure a sufficient level of lighting for convicts in residential premises;
  4. Ensure the right to privacy in sleeping quarters;
  5. Take measures aimed at eliminating the detected violations of human rights and preventing torture, other cruel, inhuman, or degrading treatment or punishment in Medical Unit No. 35 of the branch of the State Institution “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in the city of Kyiv and Kyiv Region;
  6. Ensure control over the proper maintenance of medical documentation in accordance with the "Procedure for Organising Medical Assistance to Convicts Sentenced to Deprivation of Liberty," 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 August 2014, and other legal and regulatory acts;
  7. Execute the requirements of Clause 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 “On Approval of Licensing Conditions for the Conduct of Economic Activity in Medical Practice”;
  8. Ensure the accessibility of the institution's buildings in accordance with the State Building Norms of Ukraine V.2.2-17:2006 “Buildings and Structures. Accessibility of Buildings and Structures for Persons with Reduced Mobility”;
  9. Ensure that convicts have agreements with physicians providing primary medical care in health care institutions of the Ministry of Health of Ukraine;
  10. Ensure the receipt of informed consent from patients for examination and treatment in the established form;
  11. Ensure timely and proper recording of bodily injuries in convicts;
  12. Stop the practice of doctors certifying the health status of convicts and detainees upon their placement in the DIU/CTU;
  13. Stop the practice of using convicts as assistants and orderlies in medical units;
  14. Ensure the provision of proper psychiatric medical care in accordance with the Law of Ukraine “On Psychiatric Care”;
  15. Equip the medical unit with hospital property (hospital suit, robe, and slippers);
  16. Supply the medical unit pharmacy with all necessary medications and medical devices;
  17. Ensure proper disposal of medications and medical products;
  18. Ensure the equipping of the necessary number of isolation wards for infectious patients;
  19. Ensure compliance with the established norm of space per one convict in accordance with the requirements of Article 115 of the Criminal Executive Code;
  20. Ensure proper medical care for persons suffering from viral hepatitis C;
  21. Ensure proper record-keeping of preventive examinations;
  22. Install a fire safety system in accordance with established requirements;
  23. Ensure the proper operation of the telemedical complex for doctors to make requests for telemedical consultation;
  24. Ensure the possibility of receiving substitution maintenance therapy based on a diagnosis of mental and behavioural disorders resulting from opioid use;
  25. Replace the pads on the external automated defibrillator;
  26. Ensure proper medical examination of persons working in the bathhouse and the issuance of personal medical records;
  27. Ensure the conduct of individual rehabilitation for persons who require it;
  28. Eliminate violations of Fire Safety Rules;
  29. Equip the X-ray room with a fire extinguisher.

The preventive monitoring visit was carried out within the framework 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 — Danish Institute Against Torture, in accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, taking into account the provisions of the Standard Minimum Rules for the Treatment of Prisoners and the decisions of the European Court of Human Rights, on the basis of Article 24 of the Criminal Executive Code of Ukraine — Visiting Correctional Institutions. The visit was carried out by a monitoring group from the Kharkiv Human Rights Protection Group and the NGO “Protection of Prisoners of Ukraine.” The visit was conducted by monitors:

  • Didenko Andrii Andriiovych — Assistant to the People's Deputy of Ukraine Yaroslav Yurchyshyn;
  • Zuikov Serhii Yuriiovych — Assistant to the People's Deputy of Ukraine Kostiantyn Kasai, member of the Public Council under the Ministry of Justice of Ukraine;
  • Tsvilyi Oleh Volodymyrovych — Member of the Public Council under the Ministry of Justice of Ukraine.

Date of the visit: 3 May 2024

Date of the previous visit: 6 August 2021

This material was produced within the framework of the project “Seeking Justice for Survivors” implemented by Kharkiv Human Rights Protection Group together with DIGNITY – the Danish Institute Against Torture, with financial support from the Ministry of Foreign Affairs of Denmark.
The opinions, conclusions, and views expressed in this article are the responsibility of its authors and may not coincide with the official position of DIGNITY and the Ministry of Foreign Affairs of Denmark.

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