Report on the results of the monitoring visit to Vinnytsia Institution for the Execution of Punishments No. 1
On 28 August 2024, 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, and on the basis of Article 24 of the Criminal Executive Code of Ukraine — ‘Visiting penal institutions’, a group of monitors from the Kharkiv Human Rights Protection Group and the NGO ‘Protecting Prisoners of Ukraine’ conducted a routine visit to the state institution “Vinnytsia Institution for the Execution of Punishments No. 1” (hereinafter referred to as the institution, the facility).
The 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 — The Danish Institute Against Torture.
The visit was conducted by the following monitors:
- Andrii Andriyovych Didenko — Assistant to the People’s Deputy of Ukraine Yaroslav Yurchyshyn, has experience in monitoring visits since 2014;
- Serhii Yuriyovych Zuikov — Assistant to the People’s Deputy of Ukraine Kostiantyn Kasai, member of the public council under the Ministry of Justice of Ukraine, has extensive experience in monitoring visits, specialises in researching the issue of medical care provision;
- Oleh Volodymyrovych Tsvilyi — member of the public council under the Ministry of Justice of Ukraine, has extensive experience in conducting unannounced visits to penitentiary facilities, specialises in researching issues of torture and ill-treatment.
To evaluate the information obtained during the monitoring visit, the following were used: the previous report and recommendations, reports of the NPM (National Preventive Mechanism under the Commissioner for Human Rights of the Verkhovna Rada), reports from convicted persons and their relatives, the national legislation of Ukraine, and the regulatory acts of the SPSU (State Penitentiary Service of Ukraine) and the Ministry of Health.
The visit was unannounced. As part of the visit, there were communications with convicted persons and those in pre-trial detention, including on the condition of anonymity, regarding the observance of human rights, conditions of detention, and the proper provision of medical care, as well as with the staff and management of the institution. As part of the visit summary, consultations were held with the management of the institution.
Date of the previous visit: 26 July 2022
General information
The institution performs the functions of a pre-trial detention centre; it also has a maximum-security sector for holding persons sentenced to life imprisonment. The facility houses persons accused of committing criminal offences for whom a preventive measure of detention in custody has been chosen by a court decision, as well as 311 persons sentenced to life imprisonment.
The institution is located at the following address: 2 Bratslavska Street, Vinnytsia, Vinnytsia Region, 21000.
The head of the institution is Colonel of the Internal Service Anatoliy Anatoliyovych Dudoladov.
The institution consists of a duty unit, a collection unit, a food block, cells for male, female, and juvenile detainees, transit cells, a maximum-security block for holding life-sentenced prisoners, a facility maintenance unit, disciplinary cells, a medical unit, a bath and laundry complex, visitation rooms, a shop, a library, a room for receiving parcels, and administrative premises.
According to the institution’s administration, the authorised staff size of the facility consists of 379 positions, 39 of which are civilian employees. The actual number is 290 positions, 33 of which are civilian employees. The total personnel shortage at the institution is 89 employees, 6 of whom are civilian.
The planned capacity of the institution is 1,236 persons. The actual number is 868 persons. There are 4 psychologists working in the institution, 1 of whom works with staff.
There are 104 cells in the pre-trial detention centre, 142 cells in the maximum-security sector for holding life-sentenced prisoners, 1 transit-transfer cell, and 6 for the maintenance unit.
In 2023, 9 convicted persons died in the medical unit of the institution; in 2024, 4 died.
19 convicted persons are employed, working on maintenance tasks under employment contracts. 2 persons were held in a disciplinary cell. There are 11 persons receiving treatment in the medical unit. There are 28 persons registered with HIV/AIDS. The operational and preventive records of the institution included: 24 persons prone to suicide, 24 persons prone to self-harm, and 10 persons prone to escape. In 2023, there were 3 suicides; in 2024, there was 1.
During 2023, 59 persons submitted complaints regarding inadequate conditions of detention; in 2024, there were 34 such complaints.
15 persons have disabilities, and 311 persons are sentenced to life imprisonment.
The convicted persons have 280 tablets with Internet access for personal use.
During the current year, special equipment (PR-73 batons) was used against 2 persons. During 2023, 117 cases of bodily injuries were recorded: 105 upon arrival and 12 during the stay at the institution. During 2024, there were 101 cases: 74 upon arrival and 27 during the stay at the institution.
The monitoring group surveyed approximately 246 detainees and convicted persons. It is worth noting that the pre-trial detention centre administration adequately responds to complaints from prisoners regarding the actions/inaction of the administration. Also, the administration does not hide the shortcomings in the institution, which can be considered signs of openness and transparency, as well as proper and adequate response to human rights violations.
Preliminary observations
The previous visit to the institution by the monitoring group was conducted on 26 July 2022. As a result of the visit, the following recommendations were sent to the management of the institution and the penitentiary department: to ensure proper conditions of detention in the context of compliance with the minimum standards for the treatment of prisoners, and to eliminate violations of the right to proper medical care and violations of fire safety rules. Some of the observations were taken into account, and the administration facilitated the implementation of the monitoring visit in every way.
Positive experience
Since the previous visit, staff rooms, rest rooms, changing rooms, interrogation rooms, the reception unit, a shower room for prisoners, the collection unit, and the canteen have been renovated. Sleeping quarters have been renovated, taking into account personal space for housing convicted persons working in the maintenance unit.
Facts identified during the visit
1. In violation of paragraph 2 of Article 11 of the Law of Ukraine “On Pre-trial Detention” and point 10 of the Standard Minimum Rules for the Treatment of Prisoners, the area in individual cell premises is less than 2.5 m², whereas for convicted persons, in accordance with Article 115 of the Criminal Executive Code of Ukraine, the standard of living space per convicted person cannot be less than 4 m².
Thus, in cell No. 43 for holding detainees, where there are 20 beds, the area of the cell is 43.2 m². Therefore, the actual area per person taken into custody is 2.16 m². Similar violations of the area standard in the institution’s cell premises were established in cells No. 270, 269, etc.
In point 13 of the 7th General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the Committee), it is noted that the problem of overcrowded cell premises leads to unhygienic conditions, a constant lack of privacy, and the overloading of medical services and the institution’s infrastructure. The Committee concludes that quite often the negative impact of overcrowding has resulted in inhuman or degrading conditions of detention for prisoners (CPT/Inf (97) 10).
In addition, in the report on the results of its 2023 visit to Ukraine, the Committee once again calls on the Ukrainian authorities to take measures, in accordance with the Committee’s long-standing recommendation, to review existing legal standards regarding living space for persons taken into custody, in order to guarantee at least 4 m² per person in multi-occupancy cells (excluding the area occupied by toilets in cells). (CPT/Inf (2024) 20, point 38).
2. In violation of Article 8 of the Law of Ukraine “On Pre-trial Detention”, the monitors established cases of violation of the requirements regarding the separate detention of prisoners. Thus, in cells No. 43, 41, 45, 46, and 276, persons who had previously been held criminally liable were kept together with a person/persons who were being held criminally liable for the first time.
3. At the time of the visit, 311 persons sentenced to life imprisonment were held in the pre-trial detention centre. During the interviews, the monitors established that this category of convicted persons is forced to remain in their cells throughout the day, with the exception of an outdoor walk, which lasts only one hour.
At the same time, in the Government of Ukraine’s report on the results of the 2023 visit, the Committee notes with great concern that, despite specific recommendations repeatedly provided by the Committee in its previous reports following visits, the detention regime for life-sentenced prisoners has remained unsatisfactory. As before, the vast majority of these convicted persons were locked in their cells for 23 hours a day, and they were not offered any organised activities or the opportunity to communicate with convicted persons from other cells.
The only regular out-of-cell activity available to life-sentenced prisoners was daily one-hour walks in the fresh air, which took place in small yards, separately for each cell. In connection with this, the Committee once again calls on the Ukrainian authorities to take measures without further delay to develop and implement a regime of out-of-cell activities (including group associations) for persons sentenced to life imprisonment.
In this context, it is important that persons sentenced to life imprisonment are, as a rule, allowed to communicate with convicted persons from other cells, including during walks in the fresh air. (CPT/Inf (2024) 20, point 72).
4. In cells for holding life-sentenced prisoners/detainees, general lighting is constantly switched on due to excessive gridding and a lack of natural light. According to Annex Zh “Regulatory indicators of lighting for residential buildings” of DBN V.2.5-28:2018 “Natural and artificial lighting”, approved by order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine dated 03.10.2018 No. 264, the illumination of working surfaces in sleeping and residential rooms should be 150 Lux.
Systemic violations of lighting standards, as well as violations of area standards, were recorded: Building 1, cell No. 44 for holding convicted persons in transit: there is 3.22 m² per convicted person, with lighting on — 86 Lux, and 2.3 Lux with lighting off.
In cell No. 43 for holding detainees — 53.8 Lux with lighting on, 6.5 Lux with lighting off.
In cell No. 45 for holding detainees — 18.2 Lux with lighting on, 0.9 Lux with lighting off.
In cell No. 274 for holding women — 127 Lux with lighting on, 30.4 Lux with lighting off.
In cell No. 275 for holding women — 148 Lux with lighting on, 14.8 Lux with lighting off.
In cell No. 276 for holding women — 44.3 Lux with lighting on, 4.7 Lux with lighting off.
In cell No. 147 for holding life-sentenced prisoners — 13.9 Lux with lighting on, 2.0 Lux with lighting off. The toilet is not partitioned, which violates the right to privacy.
In cell No. 109 for holding life-sentenced prisoners — 2.4 Lux with lighting on. The toilet is not partitioned, which violates the right to privacy.
In cell No. 143 — the toilet is not partitioned, which violates the right to privacy, 8.8 Lux with lighting on.
5. In cell premises, violations of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which ensures the right to respect for private life, have been established. Thus, in violation of Rule 18.1 of the European Prison Rules, beds in some cell premises are located close to each other, which does not provide prisoners with personal space.
Toilets in some cells do not contain sufficient partitions or doors that allow for privacy, which violates the requirement of Rule 19.3 of the European Prison Rules.
Furthermore, in violation of the requirements of Article 11 of the Law “On Pre-trial Detention” and point 2 of Chapter 3 of Section IX of the Internal Regulations of Pre-trial Detention Centres of the State Penitentiary Service of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5 (hereinafter — Internal Regulations of the SIZO), prisoners are not provided with proper material and living conditions that meet sanitation and hygiene rules. In almost all cell premises, prisoners wash and dry clothes, which indicates the inadequate organisation of bath and laundry services in the institution.
Individual cell premises require renovation work, including the replacement of sanitary equipment and electrical wiring. There is an unpleasant odour, poor sanitary conditions, excessive humidity on the ceilings of some cell premises, walls covered with mould, significant clutter with personal belongings, and bedding and mattresses that need replacing.
At the same time, in the Government of Ukraine’s report on the results of the 2023 visit, the Committee called on the Ukrainian authorities to take the necessary measures to improve material conditions of detention. In particular, to reduce the occupancy of cells so that there is at least 4 m² of living space per person in custody (excluding the area occupied by in-cell toilets).
All places of accommodation for convicted persons and persons in custody, including sanitary facilities, should be kept in a proper state of repair and hygiene, and disinsection should be carried out regularly and frequently. Ensure sufficient access to natural light and ventilation in cells, and fully equip internal sanitary facilities with partitions (i.e., from floor to ceiling) (CPT/Inf (2024) 20, point 58).
6. During communication with persons in custody and convicted persons, the monitoring group established that female persons in custody have the opportunity to take a shower only once a week. This violates the requirements of Rule 19.4 of the European Prison Rules and point 3.2 of the Regulation on the organisation of bath and laundry services for persons held in penal institutions and pre-trial detention centres, approved by the order of the Ministry of Justice of Ukraine No. 849/5 dated 08.06.2012 (hereinafter — the Regulation).
7. In violation of the requirements of Rule 18.1 of the European Prison Rules and Rule 11 of the Standard Minimum Rules for the Treatment of Prisoners, insufficient levels of natural and artificial lighting were established in cell premises No. 43, 44, 45, 46, 276, 147, etc. In particular, excessive gridding of windows was recorded in these premises, and in some, the view from the window is of the wall of the neighbouring building.
In cell premises No. 43, 45, and cell premises of the collection unit, a lack of fresh air was established due to insufficient ventilation of the premises. At the same time, the Committee in its 11th General Report states that security measures should never involve depriving prisoners of natural light and fresh air, a right to which every prisoner is entitled. Moreover, the absence of sunlight and fresh air creates conditions favourable for the spread of diseases — in particular, tuberculosis (point 30, CPT/Inf (2001) 16).
8. In violation of the requirements of Rule 22.5 of the European Prison Rules and the Standards for the provision of furniture, inventory, and household items for the pre-trial detention centre, approved by the order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5 (hereinafter — Provision Standards), most cell premises, cell premises of the collection unit, and some premises of the dormitory for convicted persons left for work in the maintenance unit are not provided with drinking water tanks, due to which convicted persons consume water from the institution’s central water supply system.
9. The monitoring group established a number of violations in the organisation of bath and laundry services for convicted persons and detainees. Thus, in violation of the requirements of point 2.11 of Section II of the Regulation on the organisation of bath and laundry services, the forced supply and exhaust ventilation system is not working in the bathhouse premises.
In violation of point 2.14 of Section II of the Regulation, the institution does not ensure the provision of hairdressing services for convicted persons and detainees. According to point 3.19.1 of Section III of the Regulation, sanitary treatment includes: washing of convicted persons (persons taken into custody) in a bathhouse with soap and a sponge, with mandatory replacement of bedding and underwear, disinfection (destruction of pathogenic microorganisms), and disinsection (destruction of insects and ticks that are vectors of infectious diseases) of personal clothing and bedding (pillows, mattresses, blankets) in a disinfection chamber. At the same time, according to the entry in the Logbook of disinfection (disinsection) of clothing and bedding in the disinfection chambers of the institution, the disinfection chamber has not been working since 21.03.2024.
In violation of the requirements of point 4.1 of Section IV of the Regulation, the bathhouse maintenance worker has not undergone an induction briefing on occupational safety, as evidenced by the absence of a corresponding entry in the Logbook for registration of briefings on occupational safety in the workplace. In violation of the requirements of Annex 9 of the Regulation on the organisation of bath and laundry services, there is no “Logbook for registration of induction briefing on occupational safety” in the bath and laundry facility of the institution.
10. During the inspection of the collection unit of the institution, violations of the rights of persons taken into custody to decent conditions of detention were established. Thus, contrary to the requirements of Rule 18.1 of the European Prison Rules and the Provision Standards, cells No. 3 and 4 of the collection unit lack water supply and sewerage systems, and detainees do not have access to daylight (artificial) and natural lighting or ventilation.
These conditions of detention can be considered inhuman and degrading. Furthermore, the doctor’s office is not properly equipped. Specifically, the room lacks a medical couch, stool, cupboard, washbasin, etc.
In violation of the requirements of point 6, Chapter 4, Section IV of the Internal Regulations of the SIZO, the provision of food sets to detainees and convicted persons before they are sent to participate in criminal proceedings outside the pre-trial detention centre is not properly organised. In particular, the Logbook for recording food products issued to detainees and convicted persons before being sent outside the pre-trial detention centre has not been maintained since 21.03.2023.
11. In violation of point 3, Chapter 2, Section III of the Internal Regulations of the SIZO, exercise yards are not equipped with sufficient shelter from atmospheric precipitation.
12. According to official documentation, the staff shortage in the institution is 22% of the authorised strength. At the same time, in the Government of Ukraine’s report on the results of the 2023 visit, the Committee emphasises that ensuring a positive climate in a penitentiary institution requires the presence of a professional team of staff, who must be present in sufficient numbers at all times in places of detention. An insufficient number of staff can only increase the risk of violence and intimidation among prisoners.
The shortage of frontline staff also undermines the quality and level of activities offered to prisoners and jeopardises the prospect of preparation for release and social rehabilitation. In this regard, the Committee calls on the Ukrainian authorities to take decisive measures to significantly increase the number of staff in penitentiary institutions of Ukraine where low staffing levels are observed, with the aim of strengthening the presence of security and surveillance staff inside the institutions. Measures must also be taken to put an end to 24-hour shifts for staff on duty.
13. In violation of point 4, Chapter 2, Section VI of the Internal Regulations of the SIZO, junior inspectors of the duty shift who receive parcels did not undergo a scheduled medical examination on time, as evidenced by the absence of a corresponding entry in their health books.
14. In violation of Article 119 of the Criminal Executive Code of Ukraine, Article 52 of the Labour Code of Ukraine, and the Instruction on the working conditions and wages of persons sentenced to restriction of liberty or imprisonment, approved by the order of the Ministry of Justice of Ukraine dated 07.03.2013 No. 396/5, the monitoring group established that the working day of convicted persons engaged in maintenance work is more than 8 hours and reaches 9-10 hours per day: that is, over 40 hours per week, and the working week consists of six, and in some cases, seven days.
Vinnytsia City Medical Unit No. 1 of the branch of the State Institution “Public Health Centre of the State Penitentiary Service of Ukraine” in Vinnytsia Region
During the visit, the monitoring group studied medical documentation and inspected the premises of the medical unit for their compliance with the requirements of Ukrainian legislation and international standards, and identified shortcomings in the work of Vinnytsia City Medical Unit No. 1 that lead to violations of the rights of convicted persons and persons held in custody at the State Institution “Vinnytsia Institution for the Execution of Punishments No. 1”, in particular:
1. In violation of point 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 “On approval of Licensing conditions for carrying out business activities in medical practice”, the medical unit lacks a document confirming free access to the buildings and premises of the medical institution for persons with limited mobility, which is mandatory.
2. In accordance with the requirements of point 7 of Part 1 of the Resolution of the Cabinet of Ministers of Ukraine dated 22 December 2023 No. 1394 “Some issues of implementing the program of state guarantees of medical care for the population in 2024”, 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 Penitentiary Service, until the healthcare institutions of the State Penitentiary Service create the technical capability to issue electronic referrals.
However, due to the lack of declarations concluded by convicted persons with a primary medical care physician, they 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 the legislation of Ukraine on healthcare”.
3. The medical unit has not organised the provision of opioid substitution therapy (hereinafter — OST) for persons with mental and behavioural disorders due to opioid use, in accordance with the Procedure for conducting opioid substitution therapy for persons with mental and behavioural disorders due to opioid use, approved by the order of the Ministry of Health of Ukraine dated 27.03.2012 No. 200.
Drug-dependent persons are not provided with social-psychological support, cognitive-behavioural therapy (CBT), relapse prevention, motivational interviewing, mutual aid groups, etc. Thus, these persons are deprived of the opportunity to receive OST, which violates their right to choose methods of treatment, in accordance with Article 38 of the Law of Ukraine “Fundamentals of the legislation of Ukraine on healthcare”.
At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) in its report on the results of the 2023 visit to Ukraine notes that entering a penitentiary institution is an opportunity to solve problems related to drugs, and therefore it is important that appropriate assistance be offered to all interested persons; consequently, appropriate medical care must be available in all institutions.
The assistance offered to such persons should be diverse: substitution therapy programmes for persons with drug dependence should be combined with genuine psychosocial and educational programmes for persons with opioid dependence who are unable to stop using drugs. Furthermore, access to OST programmes in institutions should be easily available, and they should also be managed by penitentiary doctors who have undergone special training on issues related to drug use (CPT/Inf (2024) 20, point 86).
4. In accordance with point 2 of Section II of the “Procedure for organising the provision of medical care to persons sentenced to imprisonment”, approved by the 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), a full initial medical examination is not conducted for new arrivals. Thus, during the study of medical documentation (outpatient medical cards, form of primary accounting documentation No. 025/o) of persons newly arrived at the institution, it was established that convicted persons and detainees do not undergo an examination by a dentist, as evidenced by the absence of a corresponding record by the specified specialist.
5. During the inspection of the defibrillator’s functionality, it was established that the shelf life of the electrodes had expired. At the same time, the Committee recommended that medical services in all visited prisons (and all other penitentiary institutions in Ukraine) be equipped with life-saving equipment for doctors (Committee Report on the results of the 2017 visit to Ukraine, CPT/Inf (2018) 41, point 87).
6. In violation of point 2.11 of Section II of the Procedure for interaction between healthcare institutions of the SPSU of Ukraine and healthcare institutions regarding the provision of medical care to persons in custody, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 10.02.2012 No. 239/5/104, and point 3 of the Instruction for filling out the form of primary accounting documentation No. 511/o “Certificate of recording bodily injuries”, approved by the order of the Ministry of Health of Ukraine dated 02 February 2024 No. 186, the monitoring group established that medical staff do not attach one copy of the certificate to the form of primary accounting documentation No. 025/o “Outpatient Medical Card”.
The failure to properly record bodily injuries does not comply with point 60 of the Committee’s recommendations (CPT/Inf(93)12-part), which states that medical services in places of detention can contribute to the prevention of violence against persons in custody by systematically registering bodily injuries and, if necessary, by informing the relevant authorities.
7. During communication with female convicted persons and detainees, it was established that medical staff systematically conduct medical examinations upon arrival at the institution in the presence of non-medical staff, namely, officers. This violates the requirements of Article 39-1 of the Law of Ukraine “Fundamentals of the legislation of Ukraine on healthcare” regarding the right of persons to the confidentiality of their health status and point 2.4 of Section II of the Procedure for interaction between healthcare institutions of the SPSU of Ukraine and healthcare institutions regarding the provision of medical care to persons in custody.
At the same time, the Committee criticises excessive security measures and considers such practices unacceptable, as they infringe on the dignity of prisoners, hinder the development of proper relationships between medical staff and the patient, and possibly interfere with the establishment of an objective medical conclusion (Committee Report on the results of the 2012 visit to Ukraine, point 50, CPT/Inf (2013) 23).
8. The medical unit lacks a separate office for a gynaecologist. The specified doctor sees sick convicted persons in the procedure room, which likely does not ensure confidentiality and may lead to a violation of the right to privacy during medical examinations.
9. In violation of the Procedure for organising the provision of medical care at the primary, secondary (specialised), and tertiary (highly specialised) levels using telemedicine, approved by the order of the Ministry of Health of Ukraine dated 19.10.2015 No. 681, the staff of the medical unit are deprived of the ability to make requests for telemedicine consultations and receive consultations for providing medical care to detainees and convicted persons due to technical reasons.
10. In violation of the requirements of the Equipment Supply Schedule for a dental office and dental technician workplace, approved by the order of the Ministry of Health of Ukraine dated 11.04.2005 No. 158, the medical unit lacks a functioning dental X-ray machine, which makes it impossible to conduct in-depth dental examinations of convicted persons and does not ensure the timely provision of proper dental care.
11. In violation of the Measures and Means for preventing infection when providing patient care, approved by the order of the Ministry of Health of Ukraine dated 03.08.2020 No. 1777, the medical unit is only equipped with isolation wards for convicted persons and detainees with tuberculosis, which makes it impossible to place patients with dangerous infectious diseases separately from one another and from other convicted persons.
12. In violation of the requirements of point 1, Section II of the Standard for infection control for healthcare institutions providing assistance to patients with tuberculosis, approved by the order of the Ministry of Health dated 01.02.2019 No. 287, the medical unit does not comply with the requirements for the isolation of tuberculosis patients; the ward is used for more than one or two persons (1 ward-cell for 3 or more bed spaces); the door to the ward is not equipped with a sealed threshold or seals on the edges; and air recirculation via mechanical ventilation is not ensured.
13. According to point 10, Chapter 2, Section IX of the Internal Regulations of Pre-trial Detention Centres of the State Penitentiary Service of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5, convicted persons left in the SIZO to work in the maintenance unit are subject to mandatory preventive medical examination, in accordance with the requirements of the Resolution of the Cabinet of Ministers of Ukraine dated 23 May 2001 No. 559 “On approval of the list of professions, production activities, 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 each convicted person of this category, a form of primary accounting documentation No. 1-OMK “Personal medical book” is created, approved by the order of the Ministry of Health of Ukraine dated 21 February 2013 No. 150, 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 personal medical books for all convicted persons left to work in the maintenance unit, as well as the absence of examination results in the medical documentation conducted by specialist doctors (including laboratory, clinical, and other tests) required for admission to work.
14. In violation of the requirements of the order of the Ministry of Health of Ukraine dated 16.12.2003 No. 584 “On approval of the Rules for storage and quality control of medicines in medical and preventive institutions” (hereinafter — Storage Rules), medicinal products are stored without taking into account the temperature regimes specified by the manufacturers. Thus, in the room where medicinal products were stored, the storage conditions of which cannot exceed temperatures higher than 25°C, the temperature reached 30°C.
15. 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 State Institution “Public Health Centre of the State Penitentiary Service of Ukraine” in Vinnytsia Region 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 has not been organised in the medical unit since the beginning of 2024.
16. 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, not all persons with suspected viral hepatitis C undergo PCR testing, due to which they do not receive the necessary treatment, which may lead to a deterioration in their health and the spread of the specified infectious disease among convicted persons and detainees.
17. 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 limited mobility”, conditions for holding people with disabilities have not been created in the medical unit.
Recommendations:
1. Take measures aimed at eliminating identified human rights violations and preventing torture, and other cruel, inhuman, or degrading treatment or punishment in Vinnytsia City Medical Unit No. 1 of the branch of the State Institution “Public Health Centre of the State Penitentiary Service of Ukraine” in Vinnytsia Region;
2. Ensure control over the proper maintenance of medical documentation in accordance with the Procedure for interaction between healthcare institutions of the SPSU of Ukraine and healthcare institutions regarding the provision of medical care to persons in custody, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 10.02.2012 No. 239/5/104 and other regulatory acts;
3. Comply with the requirements of point 37 of the Resolution of the Cabinet of Ministers of Ukraine No. 285 dated 2 March 2016 “On approval of Licensing conditions for carrying out business activities in medical practice”;
4. 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 limited mobility”;
5. Provide convicted persons and detainees with agreements with doctors who provide primary medical care in healthcare institutions of the Ministry of Health of Ukraine;
6. Ensure the timely and proper recording of bodily injuries in convicted persons and detainees;
7. Ensure proper disposal of medicinal products and medical devices;
8. Ensure the completeness and confidentiality of medical examinations;
9. Ensure the equipment of the necessary number of isolation wards for infectious patients;
10. Ensure proper medical care for persons with viral hepatitis C;
11. Equip the fire safety system in accordance with established requirements;
12. Ensure the proper operation of the telemedicine complex for doctors to make requests for telemedicine consultation;
13. Ensure the possibility of receiving substitution maintenance therapy based on a diagnosis of mental and behavioural disorders due to opioid use;
14. Replace the pads for the external automated defibrillator;
15. Equip the fire safety system in accordance with established requirements;
16. Ensure the proper operation of the telemedicine complex for doctors to make requests for telemedicine consultation.