Report on the results of the monitoring visit to Synelnykove Correctional Colony No. 94

On 24 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 the rulings of the European Court of Human Rights, and pursuant to 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 “Protection of Prisoners of Ukraine” conducted a visit to the state institution “Synelnykove Correctional Colony No. 94” (hereinafter SVC-94, the institution, the facility).

A follow-up general planned visit was conducted at SVC-94 without prior notice; the previous visit took place on 4 August 2022.

In preparation for the visit, the monitors used materials from complaints filed by convicts and their relatives, materials collected during the previous visit, as well as the report of the National Preventive Mechanism (NPM) under the Commissioner for Human Rights of the Verkhovna Rada of Ukraine.

The visit was conducted within the framework of the project “Reduction of Suffering of Prisoners in the Context of the War in Ukraine”, financed by the Government of Denmark in partnership with DIGNITY — Danish Institute Against Torture.

The visit was carried out by the following monitors:

• Andriy Didenko — Assistant to the People’s Deputy of Ukraine Yaroslav Yurchyshyn, Programme Coordinator of the Kharkiv Human Rights Protection Group, experienced in monitoring visits since 2014;
• Serhiy Zuikov — Assistant to the People’s Deputy 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”, with 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, specialising in issues of the prevention of torture and cruel, inhuman, or degrading treatment.

General Information

SVC-94 is a medium-security penal institution for the detention of men who have previously served sentences of imprisonment.

The facility is located at the following address: 52543, Dnipropetrovsk Region, Synelnykove District, Shakhtarske settlement, Myru Street 7-A.

The head of the institution is Colonel of the Internal Service Volodymyr Oleksandrovych Yerofeyev.

The institution consists of a duty unit, residential and industrial zones, a disciplinary isolation ward/cell-type facility (DIZO/PKT), a pre-trial detention unit, a medical unit, as well as utility and administrative premises.

According to the institution’s administration, the authorised staff number is 259.5 positions. The actual number is 220.5 positions. The total staff shortage at the institution is 39 employees. There are 3 psychologists on the staff.

At the time of the visit, 574 convicts were being held in the institution. The convicts reside in 19 social and psychological units (SPU). The institution is designed (planned capacity) for 1,297 persons.

During 2024, 501 convicts arrived at SVC-94. In 2023, 6 people died in the institution; in 2024, 4 convicts died.

According to the data provided by the management, 138 convicts are engaged in work, of whom 131 work under an employment contract and 7 under a civil law contract.

There were 5 convicts held in the disciplinary isolation ward (DIZO). On the operational register, there are: 3 persons prone to suicide (1 suicide occurred in 2023, and 1 in 2024), 13 persons prone to self-harm, and 1 person prone to escape. In 2024, 1 person was released due to a serious illness.

During 2023 and 2024, no one submitted complaints regarding inadequate conditions of detention or the improper provision of medical care.

As part of the research regarding the handling of correspondence, conducted by the KHPG during 2023-2024 concerning appeals from convicts addressed to the Commissioner for Human Rights of the Verkhovna Rada, the prosecutor’s office, and human rights organisations, responses were received to queries: 0 people appealed to the Commissioner for Human Rights of the Verkhovna Rada during the first half of 2023, and 2 people during the first half of 2024; 2 people appealed to the prosecutor’s office during the first half of 2023, and 5 people during the first half of 2024. There were no registered appeals during 2023-2024 from convicts addressed to other government bodies or institutions related to challenging the actions/inaction of the institution’s management/personnel; furthermore, there were no appeals addressed to human rights defenders and no electronic complaints.

During 2023, 20 cases of bodily injuries were recorded while in the institution; during 2024, 1 case of bodily injuries was recorded upon arrival, and 20 cases were recorded while in the institution.

In the institution, convicts have 219 tablets for personal use and not a single registered email address.

Positive Practices

During 2024, to improve service conditions for the institution’s personnel, cosmetic repairs were carried out in the Duty Unit and the dining room for the duty shift. During 2024, repairs were made to the corridors, utility rooms, and selected cells in the DIZO/PKT.

Since the beginning of the year, 102 passports have been issued for convicts (75 in 2023), which accounts for 92% of the number of individuals who submitted an application to the State Migration Service bodies for passport issuance.

During 2024, renovation work was carried out in the institution’s medical unit, and 24 sleeping places were created. Renovation work was also conducted in the cells of the pre-trial detention unit and the SPU units.

The premises are equipped with modern materials, and the light colours of the walls in the bedrooms create a positive atmosphere. The educational work room and the dining room are appropriately equipped.

Thanks to the joint efforts of the institution’s administration, charitable organisations, and religious organisations, the club was renovated in a short period of time.

As of 24 December 2024, work is underway to complete the renovation of the vegetable processing workshop in the “Food Complex”.

Additionally, SVC-94 cooperates with civil society organisations, charitable and religious organisations; the programmes “Prison Ministry” and “Always Nearby” are being implemented, and it cooperates with 6 religious denominations.

Facts discovered during the visit

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

1. The equipment of the Quarantine, Diagnosis, and Distribution unit (KDiR) does not meet the standards for the treatment of prisoners and the conditions of their detention in accordance with their needs. Thus, in violation of the requirements of the “Norms for the provision of furniture, inventory, and household items for medium-security correctional colonies”, approved by order of the Ministry of Justice of Ukraine dated 27 July 2012, No. 1118/5 (hereinafter — Provision Norms), the unit lacks a number of premises, namely: a room for storing the exchange fund of bedding, personal belongings, and workwear; a pantry for the temporary storage of soiled bedding, personal belongings, and workwear; a cloakroom; a utility room; and a drying room.

The sleeping quarters of the unit are not provided with a sufficient number of stools, based on the calculation of one stool per person. The absence of these premises and their improper arrangement leads to a violation of sanitary and hygienic standards. Thus, the improper organisation of personal belongings storage complicates maintaining cleanliness and order in the premises where convicts are held, which worsens the overall sanitary situation in the institution.

At the same time, it was established that in the sleeping quarters, the actual number of sleeping places exceeds the permissible amount to ensure the legally required area per person. Specifically, in sleeping quarters No. 1, which according to the living space measurement report are designed for 11 places based on the standard of 4 m² per person, there are 13 beds. In sleeping quarters No. 2, which according to the living space measurement report are designed for 7 places based on the standard of 4 m² per person, there are 9 beds.

This violation creates conditions for potential abuses by the administration and personnel of the institution in the context of compliance with the living space standard per convict and does not ensure proper personal space for detained persons in the sleeping quarters. Furthermore, in violation of Rule 18.1 of the European Prison Rules, the beds in said sleeping quarters are placed right next to each other, which does not provide newly arrived convicts with personal space.

2. The monitoring group established that the administration and personnel of the institution do not ensure the proper organisation of work with newly arrived convicts. In violation of Paragraph 7 of Section II of the “Regulations on the Quarantine, Diagnosis, and Distribution Unit for Convicts”, approved by order of the Ministry of Justice of Ukraine dated 4 November 2013, No. 2300/5, registered with the Ministry of Justice of Ukraine on 4 November 2013, No. 1864/24396 (hereinafter — Regulations on KDiR), the members of the working group do not properly carry out the measures provided for by the programme for familiarising newly arrived convicts with the order and conditions of serving a sentence of imprisonment, as evidenced by the absence of records in the visit logbook of the quarantine, diagnosis, and distribution unit by representatives of the administration, institution staff, and medical unit personnel.

In violation of the ninth paragraph of Part 1 of Article 8 and Part 1 of Article 118 of the Criminal Executive Code of Ukraine (hereinafter — CEC of Ukraine), the monitoring group established that the institution’s personnel involve a convict in work in the KDiR unit without concluding an employment contract. Specifically, convict D. was involved in performing the duties of an orderly without remuneration. Furthermore, it was established that convict D. has the opportunity to be in the KDiR unit and to independently visit the dining room and the SPU unit to which he is assigned.

This violates the requirements of Article 96 of the CEC of Ukraine, Paragraph 4 of Section II of the “Internal Regulations of Penal Institutions”, approved by order of the Ministry of Justice of Ukraine dated 28 August 2018, No. 2823/5 (hereinafter — VRP UVP), as well as Paragraph 2 of Section I of the Regulations on KDiR.

In the report on the results of the visit to Ukraine in 2020, the European Committee for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) expressed serious doubts regarding the practice of using certain prisoners as “orderlies”, who perform control functions over other prisoners in residential premises and at workplaces and report any incidents and violations of the regime to the staff.

Therefore, the Committee noted with concern during this visit that this practice remained. Moreover, unfortunately, despite specific recommendations previously given by the Committee, the practice of using “orderlies” is also officially provided for by the Internal Regulations of Penal Institutions. As previously emphasised, the Committee considers that any partial abdication of responsibility for order and security in prisons, which is borne by the regime staff of the institution, is unacceptable.

Such a practice exposes weaker prisoners to the risk of ill-treatment and exploitation by other prisoners. The Committee calls on the Ukrainian authorities to take all necessary steps — including of a legislative nature — to put an end to this practice. No prisoner (in any penal institution in the country) should have power over other prisoners. (CPT/Inf (2020) 40, paragraph 27).

3. Paragraph 1 of Section XXIII of the Regulations No. 2823/5 defines that supervision of convicts is a system of measures aimed at ensuring the serving and execution of criminal sentences in the form of restriction and deprivation of liberty, life imprisonment, and arrest through round-the-clock and constant control over the behaviour of convicts in their places of residence and work, preventing and stopping illegal actions on their part, and ensuring the requirements of isolation of convicts and the security of penal institution personnel.

Thus, during the inspection of the sleeping quarters of the KDiR unit and SPU unit No. 1, installed video surveillance cameras were recorded. At the same time, in its 2012 report, the Committee criticised excessive interference with privacy through the installation of video cameras in the living quarters of convicts: “The CPT agrees that video surveillance in cells can be a useful safeguard in certain cases, for example, when a person is considered to be of concern regarding the risk of self-harm or suicide, or if there are specific suspicions that a convict is committing certain actions in the cell that could jeopardise security.

However, any decision to use video surveillance regarding a specific convict should always be based on an individual assessment of real risks and must be reviewed frequently on a regular basis. Video surveillance is a serious interference with the private life of prisoners and makes the regime even more repressive, particularly when applied over a long period. (CPT/Inf (2013) 23, paragraph 52).

4. During the visit to the disciplinary isolation ward of the institution (hereinafter — DIZO), it was established that in violation of Paragraph 3 of Section XX of the VRP UVP, there is no radio communication in the DIZO cell premises. The premises do not fully comply with Part 1 of Article 115 of the CEC of Ukraine, Paragraphs 14 and 15 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules), and require repair work.

The cell premises do not have a sufficient level of natural lighting and ventilation. In the cells for holding convicts, due to excessive grating and a lack of natural light, the general lighting is constantly switched on.

According to Annex Zh “Standard lighting indicators for premises of residential buildings”, 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 3 October 2018, No. 264, the illuminance of work surfaces in sleeping and residential rooms should be 150 Lux. For example, in cell No. 3 of the DIZO, 19.5 LUX of artificial lighting and 7.3 LUX of natural lighting were recorded.

In cell No. 5 of the DIZO: 28.5 LUX of artificial lighting and 1.2 LUX of natural lighting.

In cell No. 6 of the DIZO: 36.5 LUX of artificial lighting and 46.3 LUX of natural lighting.

Some bathrooms are not equipped with toilet bowls and proper water flushing. They also do not have sufficient partitions, and some do not have doors to ensure privacy, which is a violation of Rule 19.3 of the European Prison Rules.

In violation of the requirements of Rule 22.5 of the European Prison Rules and the Provision Norms, the cell premises are not provided with drinking water tanks. During the measurement of the area in cell No. 4, the monitoring group established that the distance between the walls is less than 2 m. At the same time, in the Report of the Government of Ukraine on the results of the visit to Ukraine in 2012, the Committee notes that any single cells must have a living area of not less than 6 m² (not including the built-in toilet); the distance between the cell walls must be at least 2 m (paragraph 45, CPT/Inf (2013) 23).

In violation of the Provision Norms, the DIZO/PKT lacks the following premises: a room for storing the exchange fund of bedding, personal belongings, and workwear; a pantry for the temporary storage of soiled bedding, personal belongings, and workwear; a barber shop; and a room for serving food, storing food products, and washing tableware.

5. In violation of Article 119 of the CEC 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 imprisonment, approved by order of the Ministry of Justice of Ukraine dated 7 March 2013, No. 396/5, the monitoring group established that the length of the working day for convicts in household maintenance in the dining hall, with whom an employment contract for 1 position has been concluded, is greater than 8 hours and reaches 10-11 hours per day, i.e., over 40 hours per week, and the working week consists of six, and in some cases seven, days.

During confidential communication with convicts and analysis of documentation, it was established that the administration and personnel of the institution involve convicts in work in the dining hall without remuneration. According to some dining hall workers, only 8 convicts receive wages, while the rest perform work in accordance with Paragraph 5 of Article 118 of the Criminal Executive Code of Ukraine without proper remuneration. At the same time, the convicts noted that their working day in duration and quantity does not differ from the working day of employees who receive wages for similar work.

6. According to Paragraph 17 of Section V of the Regulations on the organisation of food supply in the State Criminal-Executive Service of Ukraine during peacetime, approved by order of the Ministry of Justice of Ukraine dated 15 June 2021, No. 2160/5, daily samples of each meal of the ration remain in the institution’s dining hall. The selection of samples is carried out by the cook from the cauldron in the presence of a medical worker of the healthcare facility in a clean dish with a lid (previously washed and boiled) before serving the food. Daily samples are stored in the dining hall refrigerator at a temperature from +4 to +8 °C. Samples of meals from each mealtime are stored for one day until the end of the similar mealtime the following day. However, in violation of the above, the monitoring group, during the inspection of the dining hall premises, established the absence of samples of lunch dishes.

7. In violation of the requirements of the Provision Norms, there is no cloakroom in the institution’s dining hall, which leads to the fact that convicts are forced to eat while wearing outdoor clothing.

8. The monitoring group established a number of violations in the organisation of laundry and bath services for convicts and detained persons. Thus, in violation of Paragraph 2.14 of Section II of the Regulations on the organisation of laundry and bath services for persons held in penal institutions and pre-trial detention centres, approved by order of the Ministry of Justice of Ukraine No. 849/5 dated 8 June 2021 (hereinafter — the Regulations), the provision of barber services to convicts and detainees is not ensured in the institution.

In violation of the requirements of Paragraph 2.11 of Section II of the Regulations, in the premises of the laundry, bath, and shower of the DIZO/PKT, the forced supply-exhaust ventilation system is not working. During communication with newly arrived persons who were in the KDiR unit and inspection of the Logbook of disinfection (disinfestation) of clothing and bedding in the institution’s disinfection chambers, it was established that in violation of the requirements of Paragraph 4 of Section XXII of the VRP UVP and Paragraph 3.19 of Section III of the Regulations, the implementation of sanitary-hygienic and anti-epidemic rules is not properly ensured. Sanitary processing of convicts arriving at the institution is not carried out in full.

In addition, on the territory of the laundry and bath complex, the requirements of the Fire Safety Rules in Ukraine, approved by order of the Ministry of Internal Affairs of Ukraine dated 30 December 2014, No. 1417, registered with the Ministry of Justice of Ukraine on 5 March 2015 under No. 252/26697 (hereinafter — Fire Safety Rules), are grossly violated, in particular, the electrical switchboard doors are left open, which may lead to the electric shock of convicts or institution personnel and other negative consequences.

9. During the visit, the monitoring group recorded that the institution’s personnel 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 Paragraph 1 of Section XXVI of the VRP UVP, the carrying of special means by personnel of penal institutions within the protected territory of the penal institution must be as hidden from the environment as possible.

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

10. According to official documentation, the staff shortage in the institution amounts to 39 positions (15%). The shortage of senior command staff is 4 positions. The shortage of middle command staff is 1 position. The shortage of rank-and-file and junior command staff is 29 positions.

At the same time, in the report of the Government of Ukraine on the results of the visit in 2023, the Committee emphasises that ensuring a positive climate in a penal institution requires the presence of a professional team of personnel, who must be present in sufficient numbers at any moment in time in detention places. An insufficient number of personnel can only increase the risk of violence and intimidation between convicts. The shortage of personnel who are 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 personnel in penal institutions of Ukraine where a low level of staffing is observed, with the aim of strengthening the presence of security and supervision service personnel inside the institutions. Measures must also be taken to put an end to the 24-hour shift of personnel on duty (CPT/Inf (2024) 20, paragraph 93).

Medical Unit No. 94 of the branch of the State Institution “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in the Dnipropetrovsk and Donetsk regions

Head of Medical Unit No. 94 of the branch of the state institution “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in the Dnipropetrovsk and Donetsk regions (hereinafter — the medical unit) — O.V. Myrhorodska.

During the visit, the monitoring group studied the medical documentation and inspected the premises of the medical unit for their compliance with the requirements of the legislation of Ukraine and international standards, and deficiencies in the work of the medical unit were identified.

1. According to Paragraph 2, Paragraph 3 of Chapter III of Section II of the “Procedure for organising the provision of medical care to persons sentenced to imprisonment”, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Healthcare of Ukraine dated 15 August 2014, No. 1348/5/572 (hereinafter — the Procedure), a therapist (or a general practitioner — family doctor), psychiatrist, and dentist must participate in the preventive medical examination.

At the same time, the medical unit has vacant positions for a psychiatrist, which indicates the incompleteness of the primary and preventive medical examination, due to which convicts and detainees do not receive proper medical care. This violates Paragraph 38 of the recommendations of the European Committee for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment (CPT/Inf(93)12-part) (hereinafter — the Committee), which states that medical services in places of detention must be able to provide medical care and treatment, as well as appropriate diet, physiotherapy, rehabilitation, or any other special care at the same level as that offered to patients in civilian medical facilities. Provision must be made for the availability of medical, auxiliary medical, and technical personnel, as well as appropriate premises, equipment, and facilities.

2. In violation of the requirements of the Instruction on filling out the primary accounting documentation form No. 003-6/o “Informed voluntary consent of the patient to diagnosis, treatment, and to surgery and anaesthesia, and to the presence or participation of participants in the educational process”, approved by order of the Ministry of Healthcare of Ukraine dated 14 February 2012, No. 110, it was established that there was an absence of signed informed voluntary consent for diagnosis and treatment from patients who were in the inpatient department of the medical unit.

This may indicate the absence of the patient’s voluntary consent for the application of diagnostic, preventive, and treatment methods, which is a violation of Article 43 of the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Healthcare” and Paragraph 47 of the Committee’s recommendations (CPT/Inf(93)12-part).

3. During the inspection of the DIZO/PKT, the monitors established that when a convict is placed in the disciplinary isolation ward, it is common practice to attach a medical certificate containing the state of health to the file. Discovered facts prove that the institution’s employees possess confidential information regarding the state of health of convicts who are in the DIZO unit. 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 secrecy about their state of health.

At the same time, the Committee has repeatedly emphasised that the obligation of prison doctors to certify the fitness of convicts to serve a disciplinary penalty is unlikely to contribute to the development of positive relations between the doctor and the patient.

In principle, medical personnel should never participate in any part of the decision-making process regarding the application of any type of solitary confinement, except in cases where this measure is applied for medical reasons. On the other hand, medical personnel should be very attentive to the state of convicts who are in solitary confinement.

Medical personnel should be informed immediately about every such placement and should visit the convict without delay after placement, and then regularly, at least once a day, and provide him with prompt medical care and treatment if necessary. Medical personnel should inform the institution’s administration if the health of a convict is under serious threat due to solitary confinement (CPT/Inf (2024) 20, paragraph 104).

4. In the office of the infectious disease specialist, where convicts are received, the monitors recorded an installed video surveillance camera. At the same time, according to Paragraph 8 of Section VII of the “Procedure for the use of technical means of supervision and control in correctional and educational colonies of the State Criminal-Executive Service of Ukraine”, approved by Order of the Ministry of Justice of Ukraine dated 26 June 2018, No. 2025/5 (registered with the Ministry of Justice of Ukraine on 2 July 2018 under No. 766/32218), the use of video cameras and portable video recorders is prohibited in premises (cells) in which medical examinations (check-ups) of convicts and personal searches with undressing are conducted.

This fact indicates the receipt by the institution’s employees of confidential information regarding the state of health of convicts during a medical examination, manipulations, or procedures. 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 secrecy about their state of health and Paragraph 9 of Section I of the Procedure for organising the provision of medical care to persons sentenced to imprisonment.

5. During communication with the medical unit personnel and inspection of medical offices, wards, and other premises, the monitoring group established that medical workers continue the systematic practice of conducting medical examinations and medical manipulations for convicts and detainees through bars. Specifically, blood collection is carried out through a specially equipped window in the wall.

At the same time, the European Committee for the Prevention of Torture or 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 personnel 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), 2012 (50 CPT/Inf (2013) 23)).

6. In the medical unit, the provision of opioid substitution therapy (hereinafter — OST) for persons with mental and behavioural disorders due to opioid use has not been organised, in accordance with the “Procedure for opioid substitution therapy for persons with mental and behavioural disorders due to opioid use”, approved by order of the Ministry of Healthcare of Ukraine dated 27 March 2012, No. 200.

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

Thus, these individuals 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 Committee in its report on the results of the visit to Ukraine in 2023 notes that entering a penal institution is an opportunity to solve a problem related to drugs, and therefore it is important that appropriate assistance be offered to all interested persons; therefore, appropriate medical care should be available in all institutions.

The assistance offered to such persons must 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. In addition, access to OST programmes in institutions must be easily available, and they should also be managed by prison doctors, who must undergo special training on issues related to drug use (CPT/Inf (2024) 20, paragraph 86).

7. 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 the detention of people with disabilities have not been created in the medical unit.

8. Dispensary supervision is carried out for 19 persons who have disabilities. Of them: Group I — 1 person, Group II — 4 persons, Group III — 14 persons. At the same time, in violation of the requirements of the Law of Ukraine “On the rehabilitation of persons with disabilities in Ukraine”, persons with disabilities do not receive proper diagnostic, treatment, and rehabilitation measures, despite having information confirming a persistent impairment of body functions caused by diseases or the consequences of injuries, which causes limitations in normal life activity.

Thus, during the study of the convicts’ medical documentation, it was established that for 1 person who has a disability, an individual rehabilitation programme (hereinafter — IRP) is absent. Furthermore, IRP recommendations are not being implemented, due to which he does not receive proper diagnostic, treatment, and rehabilitation measures, despite having information confirming a persistent impairment of body functions caused by diseases and the consequences of injuries, which causes limitations in normal life activity.

9. In violation of Paragraph 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 activity 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, the receipt of which is mandatory.

10. In violation of the requirements of the Standards of medical care for chronic hepatitis C in adults, approved by order of the Ministry of Healthcare of Ukraine dated 15 January 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 said infectious disease among convicts and detainees.

11. In violation of the requirements of the Equipment Supply Table for one workplace of a dentist and a dental technician, approved by order of the Ministry of Healthcare of Ukraine dated 11 April 2005, No. 158, the medical unit lacks a dental X-ray machine, which makes it impossible to conduct an in-depth dental examination of convicts and does not ensure the timely provision of proper dental care.

12. In violation of the Procedure for organising medical care at the primary, secondary (specialised), and tertiary (highly specialised) levels using telemedicine, approved by order of the Ministry of Healthcare of Ukraine dated 19 October 2015, No. 681, the personnel of the medical unit are deprived of the possibility to make requests for telemedicine consultation and to receive a consultation for the provision of medical care to detainees and convicts due to technical reasons.

13. In violation of the Measures and Means for preventing infection during patient care, approved by order of the Ministry of Healthcare of Ukraine dated 3 August 2020, No. 1777, 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 each other and from other convicts.

14. In violation of the requirements of Rule 19.3 of the European Prison Rules, the bathroom in the medical unit is not equipped with a door, due to which the right of convicts to privacy is not respected.

15. In violation of the requirements of the Norms of belonging for bedding, special clothing, and special footwear (inventory property) for convicts undergoing treatment in medical-prophylactic institutions, institutions with the rights of medical facilities, and medical units at penal institutions and pre-trial detention centres, approved by order of the Ministry of Justice of Ukraine dated 20 February 2012, No. 280/5, convicts in the inpatient ward do not receive hospital property (hospital suit, robe, and slippers).

16. In violation of the Fire Safety Rules in Ukraine, approved by the Ministry of Internal Affairs of Ukraine dated 30 December 2014, No. 1417 (hereinafter — the Rules), the hospital premises are not equipped with fire extinguishing and fire alarm systems.

17. The doctor’s office and the X-ray room are not provided with fire extinguishers, which is a violation of the requirements of Paragraph 3.6 of Chapter 3 of Section V of the Rules and a violation of Paragraph 10.18 of Chapter 10 of the State Sanitary Rules and Norms “Hygienic requirements for the arrangement and operation of X-ray rooms and the conduct of radiological procedures”, approved by order of the Ministry of Healthcare of Ukraine dated 4 June 2007, No. 294, registered with the Ministry of Justice of Ukraine on 7 November 2007 under No. 1256/14523.

18. According to Paragraph 7 of Chapter III of Section II of the Procedure, convicts working in food facilities (except for jobs related to the positions of salespeople, heads of food and clothing warehouses, storekeepers) and the processing industry, in children’s homes, general secondary education institutions, professional training units in special correctional colonies, medical units (feldsher stations), and hospital institutions of the State Criminal-Executive Service (except for jobs related to the provision of medical care), laundries, baths, rooms for long-term visits, dormitories, clubs, and at water supply and sewage facilities, livestock breeding and rearing units, undergo mandatory preliminary and preventive medical examinations in accordance with the resolution of the Cabinet of Ministers of Ukraine dated 23 May 2001, No. 559 “On approval of the list of professions, industries, and organisations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations and issuing personal medical books”. For each convict of this category, a primary accounting documentation form No. 1-OMK “Personal medical book” is opened, approved by order of the Ministry of Healthcare 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 a personal medical book for some dining hall employees and the absence of results of examinations in the medical documentation conducted by medical specialists (including laboratory, clinical, and other studies) necessary for admission to work at food facilities.

Recommendations:

1. Provide the KDiR unit with appropriate rooms and equipment in accordance with the Provision Norms, as well as in compliance with the minimum space standards per convict;
2. Ensure the proper functioning of the working group regarding work with newly arrived convicts;
3. End the practice of involving convicts in work in the KDiR unit without concluding employment contracts with them, as well as the use of “orderlies” from among convicts who are not newly arrived;
4. End the practice of using video surveillance cameras in the sleeping quarters of SPU units;
5. Ensure a sufficient level of lighting in DIZO cells, provide bathrooms with proper water flushing, as well as sufficient partitions or doors;
6. End the practice of using cells with a width of less than 2 square metres;
7. End the practice of using the labour of convicts without payment, as well as exceeding the standard working day;
8. Provide the dining hall with a cloakroom;
9. Ensure the provision of proper services in the LPK (laundry and bath complex) in compliance with fire safety rules;
10. End the practice of open carrying of security equipment by the institution’s personnel;
11. Take measures aimed at eliminating the identified human rights violations and preventing torture and other cruel, inhuman, or degrading treatment and punishment in Medical Unit No. 94 of the branch of the state institution “Centre for Healthcare of the State Criminal-Executive Service of Ukraine” in the Dnipropetrovsk and Donetsk regions;
12. Ensure control over the proper maintenance of medical documentation in accordance with the Procedure for organising the provision of medical care to persons sentenced to imprisonment, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Healthcare of Ukraine dated 15 August 2014, No. 1348/5/572, and other regulatory legal acts;
13. Staff the medical unit with medical specialists according to needs;
14. Fulfil the requirements of Paragraph 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 activity in medical practice”;
15. Ensure the provision of proper psychiatric medical care in accordance with the Law of Ukraine “On Psychiatric Care”;
16. Ensure the conduct of a proper medical examination of persons working with food products and the issuance of personal medical books;
17. 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”;
18. Ensure the receipt of informed consent from patients for examination and treatment in the prescribed form;
19. End the practice of doctors certifying the state of health of convicts and detainees upon their placement in the DIZO/PKT unit;
20. Ensure the proper operation of the telemedicine complex for requests by doctors for telemedicine consultation;
21. Ensure the possibility of receiving substitution maintenance therapy based on a diagnosis of mental and behavioural disorders due to opioid use;
22. Ensure the equipment of the necessary number of isolation wards for infectious patients;
23. Ensure proper medical care for persons suffering from viral hepatitis C;
24. End the practice of conducting medical examinations and medical manipulations for convicts and detainees through bars;
25. Equip the fire protection system in accordance with established requirements;
26. Dismantle video surveillance cameras from the medical unit premises.