Donetsk Memorial • Kharkiv Human Rights Group
Ukr

Report on the results of the monitoring visit to the Zaporizhzhia Pre-trial Detention Centre

  Andriy Didenko, Serhiy Zuikov, Oleh Tsvilyi 
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Some cells lack water supply and sewage systems, and proper natural light is absent due to the lack of windows. Prisoners expressed complaints regarding the inadequate organisation of laundry and bathing services. Medical examinations and procedures for convicts and prisoners are performed through the bars.

On 23 December 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 decisions of the European Court of Human Rights, and based on Article 24 of the Criminal Executive Code of Ukraine — Visiting Penitentiary Institutions, a group of monitors from the Kharkiv Human Rights Protection Group and the NGO “Protection of Prisoners of Ukraine” conducted a visit to the state institution “Zaporizhzhia Pre-trial Detention Centre” (hereinafter referred to as the SIZO, institution, or facility). A planned repeat unannounced visit took place.

During the preparation for the visit, the monitors used materials from complaints submitted by prisoners/convicts and their relatives, as well as the report of the monitors of the National Preventive Mechanism under the Commissioner for Human Rights of the Verkhovna Rada of Ukraine (NPM).

The visit was conducted 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 carried out by the following monitors:

  • Andriy Didenko — Assistant to the Member of Parliament of Ukraine Yaroslav Yurchyshyn, Programme Coordinator of the Kharkiv Human Rights Protection Group, experienced in monitoring visits since 2014;
  • Serhiy Zuikov — Assistant to the Member of Parliament of Ukraine Kostiantyn Kasai, member of the Public Council under the Ministry of Justice of Ukraine, member of the NGO “Protection of Prisoners of Ukraine”, has many years of experience in monitoring visits;
  • Oleh Tsvilyi — Member of the Public Council under the Ministry of Justice of Ukraine, Head of the NGO “Protection of Prisoners of Ukraine”, has extensive experience in monitoring visits, specialises in issues of torture and cruel, inhuman treatment.

General Information

The institution functions as a pre-trial detention centre. The facility holds persons accused of committing criminal offences for whom a preventive measure of detention has been chosen by a court decision, as well as those convicted by courts whose sentences have not yet entered into legal force.

The institution is located at: 36 Persha Lyvarna Street, Zaporizhzhia, 69000.

The head of the facility is Colonel of the Internal Service Oleksiy Azarov.

The institution consists of a duty unit, an assembly ward, a kitchen, cells for male, female, and juvenile detainees, transit cells, a household maintenance unit, solitary confinement cells, a medical unit, a bath and laundry complex, visiting rooms, a shop, a library, a room for receiving parcels, and administrative premises.

According to the institution's administration, the authorised staff number consists of 207 positions. The actual number is 186 positions. The total staff shortage in the institution is 21 employees.

The institution employs 1 psychologist.

The institution has a capacity of 773 places. During 2024, 1,386 people arrived at the SIZO. There are 118 cells in the institution, of which 107 are in use and 1 is mothballed.

The facility holds 470 prisoners/convicts. In 2023, 1 person died, and in 2024, 2 people died. 10 persons are employed under employment contracts.

In the medical unit, 9 people were receiving treatment. 17 people are registered with HIV/AIDS.

Operational and preventive records in the institution included: 20 persons prone to suicide (1 suicide occurred during 2024), 18 persons prone to self-harm, and 1 person prone to escape. 24 individuals are segregated in total.

In 2023–2024, no complaints were received from prisoners and convicts regarding inadequate detention conditions or improper provision of medical care.

During 2023, 18 cases of bodily injuries were recorded upon arrival and 4 cases during the stay in the institution. During 2024, 10 cases were recorded upon arrival and 13 during the stay in the institution.

The group of monitors surveyed about 122 prisoners and convicts. It is worth noting that the administration does not hide the shortcomings in the institution; the management of the facility facilitated the monitoring visit in every way, which can be considered a sign of openness and transparency, as well as an appropriate and adequate response to human rights violations.

Humanitarian needs: hygiene products, linen, tableware, and seasonal clothing.

Facts discovered during the visit

During the monitoring visit, violations of the requirements of national legislation and non-compliance with international recommendations in the field of prisoner treatment were identified, which lead to violations of the rights of prisoners and convicts.

1. In violation of Clause 1, Chapter 2, Section III of the Internal Regulations of Pre-trial Detention Centres of the State Criminal Executive Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5 (hereinafter — SIZO Internal Regulations), it was established that in a number of cell premises, the actual number of sleeping places exceeds the permissible limit required to ensure the legislatively prescribed area per person.

Thus, in cell premises Nos. 104 and 122, which according to the living space measurement certificate are calculated for 11 places based on the standard of 2.5 m² per person, there are 12 beds in each cell. Similar violations of the area standard in the institution's cells were established in cells Nos. 109 and 110. The aforementioned violation creates conditions for possible abuse by the administration and staff of the institution in the context of compliance with the living space standard per person and does not ensure adequate personal space for the persons held in the cells.

Clause 13 of the 7th General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) states 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 (CPT/Inf (97) 10).

2. Clause 59 of the 21st General Report of the Committee states that any cell smaller than 6 m² should no longer be used for holding prisoners (CPT/Inf (2011) 28).

In the Report to the Government of Ukraine following the visit to Ukraine in 2012, the Committee notes that any single cells must have a living space of at least 6 m² (not including the built-in toilet); the distance between the cell walls should be at least 2 m (Clause 45 (CPT/Inf (2013) 23)). At the same time, the monitoring group established the use of cell premises for holding convicted and detained persons that do not meet these requirements, in particular cell premises Nos. 22 and 42, and solitary confinement cells Nos. 1, 2, 3, and 4.

3. In violation of Article 8 of the Law of Ukraine “On Pre-trial Detention” and Clause 17.2 of the European Prison Rules (hereinafter — EPR), monitors established cases of violation of the requirements regarding the separate detention of prisoners. Thus, during a selective check, the monitoring group established that in cell premises Nos. 9, 11, and 104, persons who had previously served sentences in places of deprivation of liberty were being held together with a person who was being held criminally liable for the first time.

This indicates a systemic failure by the institution's administration to adhere to the requirements regarding ensuring proper control over the placement of prisoners, does not comply with the principles of dynamic security, and leads to a violation of the prisoners' rights to personal safety, which contradicts national legislation and international standards, in particular Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

4. During the visit to the premises of the assembly ward, it was established that their equipment does not fully comply with the requirements of the Procedure for Provision, Accounting, and Operation of Furniture, Inventory, and Household Items and the norms of their provision and operation in penitentiary institutions and pre-trial detention centres of the State Criminal Executive Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5, registered with the Ministry of Justice of Ukraine on 30.07.2012 under No. 1274/21586 (hereinafter — Provision Norms).

Thus, the assembly ward lacks the following premises: a photo laboratory, a hairdresser, cells for the sick (isolation cell), rooms for food distribution, food storage, and dishwashing. The doctor's office does not meet the requirements of the Provision Norms, as it lacks a medical couch, a cupboard, and a wall hanger.

In cell premises Nos. 6 and 8, there are no water supply and sewage systems, which deprives the detainees of access to a toilet and a washbasin. In cell premise No. 1, proper natural light is not available due to the lack of windows. In cell premise No. 9, the toilet does not have sufficient partitions, which violates the requirement of Rule 19.3 of the European Prison Rules.

In violation of the requirements of Rule 22.5 of the European Prison Rules and Clauses 14 and 15 of the UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules), the majority of cell premises in the assembly ward are not provided with a sufficient level of natural light, ventilation, and a tank for drinking water. This indicates a violation of the prisoners' rights to humane treatment and respect for their human dignity, in accordance with Part 3 of Article 1 of the Law of Ukraine “On Pre-trial Detention” and Rule 13 of the UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules).

At the same time, the Committee in its 11th General Report notes that security measures should never involve depriving prisoners of natural light and fresh air, a right that every prisoner has. Moreover, the lack of sunlight and fresh air creates conditions conducive to the spread of diseases, in particular tuberculosis (Clause 30 (CPT/Inf (2001) 16)).

5. In the 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, were established. Thus, in violation of Rule 18.1 of the European Prison Rules, the beds in some cell premises are located close to each other, which does not provide prisoners with personal space (cells Nos. 97, 124, 104, 122, 212, 107, 109, etc.).

The 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 (cells Nos. 97, 124, 104, 122, 107, 110; solitary confinement cells Nos. 1, 2, 3, 4, etc.). There is an unpleasant odour, lack of sanitation; the ceiling of some cell premises has excessive dampness, the ceiling and walls are covered in mould from water leakage, and there is significant clutter with personal belongings; bedding and mattresses need to be replaced.

The disinsection measures taken by the SIZO administration are insufficient; monitors recorded the presence of cockroaches in the cell premises. At the same time, in the Report to the Government of Ukraine following the visit in 2023, the Committee called on the Ukrainian authorities to take the necessary measures to improve the material conditions of detention, in particular, to reduce the occupancy of cells so that there is at least 4 m² of living space per detained person (not counting the area occupied by in-cell toilets); to keep all places where convicts and detained persons are housed, including sanitary facilities, in a proper state of repair and hygiene; to carry out disinsection regularly and frequently; to ensure sufficient access to natural light and ventilation in the cells; and to fully equip internal sanitary facilities with partitions (i.e., from floor to ceiling) (CPT/Inf (2024) 20, Clause 58).

6. During the visit, the monitoring group recorded that the institution's staff who are in direct contact with convicts openly carry special means, in particular rubber batons. At the same time, according to the eighth paragraph of Clause 8, Chapter 1, Section V of the SIZO Internal Regulations, the carrying of special means by SIZO staff within the guarded territory of the SIZO should be as concealed as possible from the surroundings.

At the same time, the Committee recommends that penitentiary staff working in direct contact with prisoners should not openly carry special means (such as rubber batons, handcuffs, and canisters equipped with tear gas) in front of prisoners. Such carrying prevents the establishment of normal relations between staff and prisoners (Clause 85 (CPT/Inf (2011) 29), Clause 23 (CPT/Inf (2013) 23), Clause 166 (CPT/Inf (2014) 15)).

7. According to service documentation, as of 23.12.2024, the total staff shortage in the institution was 31 positions (14.9%) of the authorised staff number. At the same time, in the report to the Government of Ukraine following 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 any moment in time in places of detention.

An insufficient number of staff can only increase the risk of violence and intimidation between convicts. The shortage of staff on the front line also undermines the quality and level of measures offered to convicts and jeopardises the prospect of preparation for release and social rehabilitation.

In connection with this, the Committee calls on the Ukrainian authorities to take decisive measures to significantly increase the number of staff in penitentiary institutions of Ukraine where a low level of staffing is observed, with the aim of strengthening the presence of security and supervision staff inside the institutions. It is also necessary to take measures to put an end to 24-hour shifts for staff on duty (CPT/Inf (2024) 20, Clause 93).

8. In violation of Article 119 of the Correctional Code of Ukraine, Article 52 of the Labour Code of Ukraine, and the Instruction on working conditions and wages of persons sentenced to restriction of liberty or deprivation of liberty, approved by the Order of the Ministry of Justice of Ukraine dated 07.03.2013 No. 396/5, the monitoring group, during the analysis of documentation and in the course of confidential communication, established that the duration of the working day for convicts involved in household maintenance in the canteen and the bath and laundry complex, with whom an employment contract for a 0.5 rate has been concluded, is longer than 8 hours and reaches 9–10 hours per day, i.e., more than 40 hours per week, and the working week consists of six, and in some cases seven, days.

Furthermore, prisoners are involved in work in the kitchen and the bath and laundry complex for a full working day, which lasts 8 hours. At the same time, involving prisoners in the specified work without payment for their labour contradicts the requirements of Clause 1 and Clause 6 of Chapter 1, Section IX of the SIZO Internal Regulations and the requirements of Part 2 of Article 16 of the Law of Ukraine “On Pre-trial Detention”, which states that “Detained persons may be involved without payment of their labour only in work related to the creation of proper sanitary and living conditions and the arrangement of the place of pre-trial detention. These persons are involved in such work in turns during time free from investigative actions and for no more than two hours during the day”.

9. The monitoring group established a number of violations in the organisation of bath and laundry services for convicts and detained persons. Thus, during communication with persons held in detention and convicts, the monitoring group established that female detainees have the opportunity to take a shower only once a week. This violates the requirements of Clause 19.4 of the European Prison Rules and Clause 3.2 of the Regulations on the organisation of bath and laundry services for persons held in penitentiary institutions and pre-trial detention centres, approved by the Order of the Ministry of Justice of Ukraine No. 849/5 dated 08.06.2021 (hereinafter — the Regulations).

In violation of the requirements of Clause 2.11, Section II of the Regulations, the forced supply and exhaust ventilation system does not work properly in the bathhouse and requires repair. In violation of Clause 3.5, Section III of the Regulations, the institution's administration does not ensure the duration of washing for convicts in the institution's bathhouse (not less than 40 minutes). Thus, during the monitoring visit, it was established that the duration of washing for a group of prisoners was 20 minutes. During communication, the prisoners noted that this time was insufficient for them and that the duration of their washing never exceeded 25 minutes, and they expressed complaints about the inadequate organisation of bath and laundry services in general.

At the same time, the Bathing Attendance Log indicates that the duration of prisoners' washing is always 40 minutes, which does not correspond to the real situation and indicates the formal keeping of documentation. In violation of 3.10, Section III of the Regulations, the duty medical assistant of the medical unit does not exercise supervision over compliance with order during washing in the bathhouse, nor over the cleaning and disinfection of the premises. There are no hooks on the hangers in the changing room.

In addition, on the territory of the bath and laundry complex, the requirements of the Fire Safety Rules in Ukraine, approved by the Order of the Ministry of Internal Affairs of Ukraine dated 30.12.2014 No. 1417, registered with the Ministry of Justice of Ukraine on 05.03.2015 under No. 252/26697 (hereinafter — Fire Safety Rules), are grossly violated, in particular, the electrical panel door is open, which may lead to electric shock to prisoners or SIZO staff and other negative consequences.

10. The premises of the unit for convicts left to work in household maintenance do not fully comply with the requirements of the Provision Norms. In particular, the following rooms are missing: rooms for eating; rooms for food storage; a room for religious services; rooms for storing personal belongings; a household room; a drying room; rooms for physical culture activities. The lack of these rooms leads to a violation of sanitary and hygienic norms. In connection with this, food products can be stored at improper temperatures, in damp or contaminated rooms, which contributes to their rapid spoilage, the development of mould, and the reproduction of pathogenic bacteria; and inadequate organisation of personal belongings storage makes it difficult to maintain cleanliness and order in the premises where convicts are held, which worsens the overall sanitary situation in the institution.

Zaporizhzhia City Medical Unit of the branch of the State Institution “Centre for Health Protection of the State Criminal Executive Service of Ukraine” in the Zaporizhzhia region

During the visit, the monitoring group studied medical documentation, inspected the premises of the medical unit for their compliance with the requirements of the legislation of Ukraine and international standards, and identified shortcomings in the work of the Zaporizhzhia City Medical Unit that lead to the violation of the rights of convicts and persons held in the SE “Zaporizhzhia Pre-trial Detention Centre”, in particular:

1. According to Clause 2 and Clause 3 of Chapter III, Section II of the “Procedure for organising the provision of medical care to persons sentenced to deprivation of liberty”, 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 — Procedure for organising the provision of medical care), a general practitioner (or general practitioner — family doctor), a psychiatrist, and a dentist must participate in the preventive medical examination.

At the same time, the position of a dentist is vacant in the medical unit, which indicates that the primary and preventive medical examination is not complete, as a result of which convicts and prisoners do not receive proper medical care. This violates Clause 38 of the Committee's recommendations (CPT/Inf(93) 12-part), which states that medical services in places of deprivation of liberty must be able to provide medical care and treatment, as well as an appropriate diet, physiotherapy, rehabilitation, or any other special care at the same level as that offered to patients in civilian medical institutions. Provision must be made for the availability of medical, auxiliary medical, and technical personnel, and appropriate premises, equipment, and facilities must be provided.

2. During the study of medical documentation, it was established that photographs of existing bodily injuries are not attached to the outpatient medical cards 025/o of the primary accounting documentation form No. 511/o “Certificate of fixation of bodily injuries”, approved by the Order of the Ministry of Health of Ukraine dated 02 February 2024 No. 186, as provided for by Clause 2.11 of Section II of the Procedure for interaction between healthcare institutions of the State Criminal Executive Service of Ukraine and healthcare institutions regarding the provision of medical care to detained persons, 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 (hereinafter — Procedure).

The lack of proper fixation of bodily injuries does not comply with Clause 60 of the Committee's recommendations (CPT/Inf (93) 12-part), which states that medical services in places of deprivation of liberty can contribute to preventing violence against persons held in detention through the systematic registration of bodily injuries, as well as, if necessary, through informing the relevant authorities.

3. In violation of Clause 4, Chapter 1, Section X of the Internal Regulations of Pre-trial Detention Centres of the State Criminal Executive Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5, there is no properly equipped isolation unit in the hospital for persons with mental disorders for prisoners who pose a danger to those around them.

At the same time, the monitoring group identified two persons with mental disorders who were being held together in cell-ward No. 52. During communication, these prisoners expressed complaints about their detention conditions and reported conflicts between them, including the use of physical force by one prisoner against another. These circumstances indicate a violation of the right to health and medical care and can be regarded as cruel, improper, or degrading treatment.

At the same time, in accordance with Clause 43 of the Third General Report of Recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf(93) 12-part) (hereinafter — the Committee), a mentally ill prisoner should be held and cared for in a hospital facility with sufficient equipment and properly trained staff. Such an institution could be a regular (civilian) psychiatric hospital or a specially equipped psychiatric facility within the penitentiary system.

4. In violation of Clause 2.2 of Section II of the Procedure, the medical unit is not provided with functioning fluorographic/X-ray equipment, as a result of which diagnostic examinations of the thoracic organs are not conducted for convicts and prisoners in order to timely detect diseases of the respiratory organs, which indicates the impossibility of conducting early diagnosis of tuberculosis in the medical institution.

5. The medical unit has not organised the provision of substitution maintenance therapy (hereinafter — SMT) for persons with mental and behavioural disorders due to opioid use in accordance with the Procedure for conducting substitution maintenance 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 SMT, which violates their right to choose treatment methods in accordance with Article 38 of the Law of Ukraine “Fundamentals of Ukrainian Legislation on Healthcare”.

At the same time, the Committee in the report following the visit to Ukraine in 2023 notes that entering a penitentiary institution is an opportunity to solve the problem associated with drugs, and therefore it is important that appropriate assistance be offered to all interested persons, so appropriate medical services must be available in all institutions. The assistance offered to such persons must be diverse; substitution therapy programmes for persons with drug dependence must be combined with genuine psychosocial and educational programmes for persons with opioid dependence who are unable to stop using drugs. In addition, access to SMT programmes in institutions must be easily accessible, and they must also be managed by penitentiary doctors who must undergo special training on issues related to drug use (CPT/Inf (2024) 20, Clause 86).

6. During communication with the staff of the medical unit and the inspection of medical offices, wards, and other premises, the monitoring group established that medical personnel in the manipulation room continue the systematic practice of conducting medical examinations and medical procedures for convicts and prisoners through the bars.

At the same time, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment regularly criticises excessive security measures and considers such practices unacceptable, as they infringe on the dignity of prisoners, hinder the development of proper relations between medical staff and the patient, and, possibly, interfere with the establishment of an objective medical conclusion (Report of the Committee on the results of the visit to Ukraine in 2009 (129.CPT/Inf (2011) 29), in 2012 (50 CPT/Inf (2013) 23)).

7. 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 the deterioration of their health and the spread of this infectious disease among convicts and detained persons.

8. 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 holding people with disabilities have not been created in the medical unit.

9. 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 conducting economic activities in medical practice”, the medical unit lacks a document confirming free access to the buildings and premises of the medical institution for low-mobility groups of the population, the receipt of which is mandatory.

10. In violation of the Procedure for organising 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 medical unit staff are deprived of the opportunity to make requests for telemedicine consultation and receive advice for the provision of medical care to detained and convicted persons due to technical reasons.

11. The medical unit lacks a separate office for a gynaecologist. The reception of sick convicts and prisoners is conducted in an examination room, which is also used by other doctors. This organisation of work, likely, does not ensure the necessary level of confidentiality and may violate the patients' right to privacy during medical examinations.

12. According to Clause 10 of Chapter 2, Section IX of the SIZO Internal Regulations, those left in the SIZO to work in household maintenance are subject to a 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, productions, and organisations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations and issuing personal medical books”; for each convict of this category, primary accounting documentation form No. 1-OMK “Personal medical book” is opened, approved by the Order of the Ministry of Health of Ukraine dated 21 February 2013 No. 150, registered in the Ministry of Justice of Ukraine on 23 April 2013 under No. 662/23194.

The monitoring group was provided with forged personal medical books of form No. 1-OMK, issued to convicts from among the household maintenance staff, into which information regarding the passing of medical examinations at the Zaporizhzhia City Medical Unit of the branch of the State Institution “Centre for Health Protection of the State Criminal Executive Service of Ukraine” in the Zaporizhzhia region had been entered with the corresponding seal impression and photograph.

At the same time, the personal medical book of form No. 1-OMK, the form and content of which were established 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 an official document issued by an institution that has the right to issue such a document (which has a licence for medical practice and an accreditation certificate), namely, the healthcare institution where the medical examination was conducted, and which grants the right to admit to work employees of certain professions whose activities are related to servicing the population and may lead to the spread of infectious diseases. The Zaporizhzhia City Medical Unit does not belong to such institutions.

Recommendations:

  1. Ensure compliance with minimum living space standards per prisoner;
  2. Ensure compliance with the requirements for the separate detention of prisoners in accordance with Article 8 of the Law on Pre-trial Detention;
  3. Ensure the availability of necessary premises in the assembly ward, in accordance with the Provision Norms;
  4. End the practice of staff openly carrying security means;
  5. End the practice of violating the right to work, namely, the use of convict labour for household work beyond the regulated working day;
  6. Take measures aimed at eliminating the identified human rights violations and preventing torture and other cruel, inhuman, or degrading treatment and punishment in the Zaporizhzhia City Medical Unit of the branch of the State Institution “Centre for Health Protection of the State Criminal Executive Service of Ukraine” in the Zaporizhzhia region;
  7. Ensure control over the proper keeping of medical documentation in accordance with the Procedure for interaction between healthcare institutions of the State Criminal Executive Service of Ukraine and healthcare institutions regarding the provision of medical care to detained persons, 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, the Procedure for organising the provision of medical care to persons sentenced to deprivation of liberty, 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, and other regulatory legal acts;
  8. Provide the medical unit with specialist doctors in accordance with needs;
  9. Fulfil 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 conducting economic activities in medical practice”;
  10. Ensure the equipment of the isolation unit for persons with mental and behavioural disorders in accordance with the requirements;
  11. Ensure the provision of proper psychiatric medical care in accordance with the Law of Ukraine “On Psychiatric Care”;
  12. Ensure the conduct of a proper medical examination of persons working with food products and the issuance of personal medical books;
  13. 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 low-mobility groups of the population”;
  14. Ensure timely and proper fixation of bodily injuries in convicts;
  15. Provide the medical unit with the necessary diagnostic equipment, including an X-ray machine;
  16. Ensure proper medical care for persons with viral hepatitis C;
  17. Ensure the possibility of receiving substitution maintenance therapy based on a diagnosis of mental and behavioural disorders due to opioid use.

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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