Report on the results of a monitoring visit to the Kryvyi Rih Penal Institution No. 3

On 17 June 2025, 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 on the basis of Article 24 of the Penal 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 follow-up visit to the state institution Kryvyi Rih Penal Institution No. 3 (KPI-3, the institution, the facility).

The previous visit took place on 8–9 August 2022. The planned visit was conducted without prior warning, and all areas of the institution were examined.

During the preparation for the visit, the monitors used materials from complaints submitted by prisoners/convicted persons and their relatives, materials from previous reports, and 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 carried out as part of the project “Reducing Suffering of Prisoners in the Context of the War in Ukraine”, funded by the government of Denmark in partnership with DIGNITY (Danish Institute Against Torture).

The visit was conducted 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, with experience 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”, 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, specialising in issues of torture and cruel, inhuman treatment.

During the monitoring visit to the institution, numerous violations of national legislation and international standards for the treatment of prisoners were identified. In particular, the detention of individuals in cells and punishment cells, the area of which does not meet the minimum requirements (less than 6 m²), the lack of proper natural lighting, ventilation, and privacy when using the toilet, as well as a lack of access to drinking water, were recorded.

A practice of using video surveillance without individual risk assessment was identified, as well as the detention of life-sentenced prisoners in conditions of prolonged solitary confinement, which contradicts the provisions of European standards in the field of prisoner treatment and international human rights recommendations.

Cases of mixed placement of persons being prosecuted for the first time with those who have previously served sentences were recorded, which creates additional security risks.

The facility’s premises, in particular the reception wards and outdoor exercise yards, do not meet the standards for humane detention. There are no windows, sanitary facilities, quarantine rooms, or proper ventilation and lighting, which violates the prisoners’ right to access fresh air and natural light.

In the maximum-security sector, a practice is applied of posting name cards indicating the crimes of the convicted persons, which contributes to their stigmatisation.

A significant staff shortage (over 11% of vacant positions) creates security risks, reduces the effectiveness of supervision, and makes the proper organisation of the regime impossible.

The monitoring revealed systemic violations of the labour and social rights of the convicted persons. Convicts are involved in work in the kitchen, laundry/bathhouse, boiler room, and auxiliary services without employment contracts, time tracking, medical examinations, and safety briefings, and in some cases, without pay.

Significant shortcomings were identified in the organisation of medical care: improper recording of bodily injuries, a shortage of medical staff (in particular, a psychiatrist), unsatisfactory conditions for the detention of the seriously ill and persons with disabilities, and the lack of opioid substitution therapy programmes.

The low sanitary and hygienic state of the premises, the wear and tear of equipment, and the lack of necessary facilities violate the rights of prisoners to health care and human dignity, which are guaranteed by the Constitution of Ukraine and international treaties.

General Information

The institution performs the functions of a remand prison, holding persons accused of committing criminal offences for whom the court has chosen a preventive measure in the form of detention.

The facility is located at the following address: 2 Svitla St., Kryvyi Rih, Dnipropetrovsk region, 50066.

The head of the institution is the Acting Chief, Colonel of the Internal Service S. O. Andriychuk.

The facility consists of a duty unit, a reception ward, a kitchen, cells for male, female, and juvenile detainees, a maximum-security sector for those sentenced to life imprisonment, transit cells, an auxiliary service unit, punishment cells, a medical unit, a bath and laundry complex, meeting rooms, a shop, a library, a parcel reception room, and administrative premises.

According to the administration, the authorised staff number is 269 positions, and the actual number is 239. The staff shortage is 30 employees (11.2%).

The planned capacity of the facility is 728 persons, and the actual number of detainees is 559.

There are 112 cells in the institution, 5 of which are under repair. One psychologist is employed.

In 2024, 862 persons arrived at the facility, and in 2025, 276. In 2024, 2 people died; in 2025, 2 died.

8 people are employed under employment contracts. 72 persons are registered with HIV/AIDS. Under operational-preventive supervision: prone to suicide — 20 persons, to self-harm — 37 persons, to escape — 51 persons.

During 2024–2025, no complaints regarding inadequate conditions of detention or medical care were received. There are 12 persons with disabilities. Convicts have 92 tablets for personal use.

In 2024, 63 cases of bodily injuries upon arrival and 39 during the stay in the institution were recorded; in 2025, 72 cases upon arrival and 18 during the stay.

The monitoring group interviewed about 184 prisoners and convicted persons during cell visits, conducted general conversations, provided consultations and answers to questions, and carried out individual interviews, including under conditions of anonymity.

The administration of the institution responds appropriately to complaints from prisoners and convicts regarding the actions or omissions of staff and does not conceal cases of human rights violations, which indicates openness, transparency, and adequate responsiveness.

Positive Experience

To bring the material, domestic, and sanitary-hygienic conditions of detention for convicted persons and those in custody in line with international standards, a number of repair works were performed in individual cell premises, in particular, a major renovation of the shower room in the facility’s reception ward.

An audit and partial replacement of electrical wiring were carried out. Current repairs were made to the floor of the facility’s dining hall corridor with an area of 60 m². Individual space was created for the convicts, in particular, dividing partitions were installed between beds in the social and psychological service (SPS) unit.

For the purpose of insulation and energy saving, metal-plastic doors were installed at the entrance to the SPS unit for auxiliary services. Repairs were carried out in two cell premises for holding extradited persons, in the punishment cells, the reception ward, rooms for short-term visits, offices, and rest rooms for the junior inspector duty shift.

To expand the possibilities of providing paid services with improved detention conditions, an additional cell with an area of 32 m², designed for 4 persons, was equipped. Repair work was completed in the computer classroom of the SPS unit, the room for educational work of the SPS unit, the checkpoint for allowing people into the institution, and the duty unit of the institution.

Facts identified 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 prisoners and convicted persons:

1. The equipment of individual cell premises in the institution does not meet the standards for the treatment of prisoners and the conditions of their detention according to their needs. Thus, paragraph 59 of the 21st General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) states that any cell smaller than 6 m² should not be used to hold prisoners (CPT/Inf (2011) 28).

In the report to the Government of Ukraine on the results of the visit to Ukraine in 2012, the Committee indicated that any single cells should have a living area of at least 6 m² (excluding the built-in toilet), and the distance between the walls should be at least 2 m (paragraph 45, CPT/Inf (2013) 23).

However, the monitoring group identified prisoners held in punishment cells Nos. 1 and 2, which do not meet the specified requirements. Specifically, the area of each room is only 4.8 m², and the distance between the walls is less than 2 m. The premises are not provided with a proper level of natural lighting.

Contrary to the requirements of Rule 22.5 of the European Prison Rules and the Standards for the Provision of Furniture, Inventory, and Household Items of a Remand Prison, approved by the Order of the Ministry of Justice of Ukraine dated 27 July 2012 No. 1118/5 (hereinafter — the Provision Standards), the premises are not equipped with drinking water tanks, which forces prisoners to consume technical water from the centralised water supply.

The toilets are not equipped with doors or sufficient partitions that would ensure privacy, which is a violation of Rule 19.3 of the European Prison Rules. Call buttons for communicating with staff did not work, which contradicts the requirements of paragraph 18.2 of the European Prison Rules.

Such conditions do not comply with paragraphs 13, 14, and 15 of the UN Standard Minimum Rules for the Treatment of Prisoners and indicate a violation of the prisoners’ right to humane treatment and respect for their human dignity, provided for by Part 3 of Article 1 of the Law of Ukraine “On Pre-trial Detention”.

2. The monitoring group identified a person sentenced to life imprisonment who was held in a solitary confinement cell for a month. At the same time, according to paragraph 53 of the 21st General Report of the Committee, solitary confinement can have an extremely devastating effect on the psychological, somatic, and social health of individuals, and these consequences can arise immediately and intensify depending on the duration of such a regime and the degree of its uncertainty. Furthermore, it can create conditions for intentional ill-treatment of prisoners outside the view of other prisoners and prison staff (CPT/Inf (2011) 28).

3. Paragraph 4 of Chapter 2 of Section III of the Internal Regulations of Remand Prisons of the State Penal Enforcement Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5 (hereinafter — IVR RP), stipulates that to prevent escapes, the commission of criminal offences, violations of the procedure for detention and serving sentences established by law, and also to ensure the safety of prisoners, convicts, staff, and other persons present on the premises, audiovisual, electronic, and other technical means are applied.

During the inspection of the punishment cells, the installation of video surveillance cameras was recorded. At the same time, the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) for 2012 criticises 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 a risk for self-harm or suicide, or if there are specific suspicions that the convict is performing certain actions in the cell that could endanger safety.

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

4. In violation of Article 8 of the Law of Ukraine “On Pre-trial Detention” and paragraph 17.2 of the European Prison Rules, the monitors identified cases of violation of the requirements regarding the separate detention of prisoners. Thus, during a selective check, it was found that in cell premises Nos. 318, 323, 325, 422, 425, and 427, persons who had previously served sentences in places of deprivation of liberty were being held together with a person (or persons) who was/were being criminally prosecuted for the first time.

This indicates a systemic failure by the institution’s administration to adhere to the requirements for 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.

5. During the visit to the premises of the reception ward, it was established that their equipment does not fully comply with the requirements of the Provision Standards. Thus, the reception ward lacks a room for processing documents; a barbershop and quarantine cells. Natural light does not reach the cell premises of the reception ward due to the absence of windows, which may create additional psychological pressure on prisoners due to the lack of any, even visual, connection with the outside world.

The toilet is not equipped with sufficient partitions, which makes privacy impossible. There is no supply and exhaust ventilation. Contrary to the requirements of Rule 22.5 of the European Prison Rules and the Provision Standards, the cell premises are not equipped with drinking water tanks. Also, there are no tables with two benches along the length of the room, which is directly provided for by the Provision Standards. Especially egregious is the case of cell No. 6, which completely lacks a toilet, which jeopardises compliance with basic standards of hygiene and human dignity.

Taken together, the above indicates a violation of the prisoners’ rights to humane treatment and respect for human dignity, guaranteed by Part 3 of Article 1 of the Law of Ukraine “On Pre-trial Detention”, as well as rules 13, 14, and 15 of the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).

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 which every prisoner has. Moreover, the lack of sunlight and fresh air creates conditions conducive to the spread of diseases — in particular, tuberculosis. (paragraph 30 (CPT/Inf (2001) 16).

6. In the cell premises, a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to respect for private life, was identified. In particular, contrary to Rule 18.1 of the European Prison Rules, in some cell premises (Nos. 105, 303, 403, 416, 417, 418, 419, and 420), the beds are placed close together, which deprives the prisoners of personal space.

The toilets in individual cells (Nos. 416, 419, 420, 503, etc.) are not equipped with sufficient partitions and doors that would ensure the possibility of privacy, which violates Rule 19.3 of the European Prison Rules. Contrary to the requirements of Article 11 of the Law of Ukraine “On Pre-trial Detention” and paragraph 2 of Chapter 3 of Section IX of the IVR RP, prisoners are not provided with proper material and living conditions that comply with sanitary and hygiene rules. In particular, in the cell premises, prisoners are forced to wash and dry clothes, which indicates the improper organisation of bath and laundry services.

Individual cells require repair with the replacement of sanitary equipment and the electrical network. In the premises, there is an unpleasant odour, unsanitary conditions, excessive dampness and mould are observed on the ceilings and walls of individual cells due to water leakage, significant clutter with personal belongings, and bedding and mattresses need to be replaced.

At the same time, in the report to the Government of Ukraine on the results of 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 person in custody (excluding the area occupied by in-cell toilets); to keep all places where convicts and persons in custody are located, including sanitary facilities, in a proper state of repair and hygiene, and 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) paragraph 58).

7. In the exercise yards, canopies have been installed that completely block access to natural light, which leads to individuals staying in constant semi-darkness. At the same time, the Committee has repeatedly recommended reviewing the design and size of exercise yards “from which, at best, there is a view of the sky.” (paragraph 122, paragraph 127 (CPT/Inf (2014) 15).

8. During the visit to the maximum-security sector, name cards with a brief description of the crimes committed by the persons in the cells were placed near the outer doors of the cells for those sentenced to life imprisonment. In its report on the results of the visit to Ukraine in 2020, the Committee noted that this practice should be stopped, as it does not serve any reasonable purpose and, in addition to stigmatisation, has the effect of damaging the relationship between prisoners and prison staff. (CPT/Inf (2020) 40) paragraph 52).

9. In the maximum-security sector, there is no doctor’s office for outpatient examination of patients, which contradicts the requirements of the Provision Standards and creates obstacles to providing timely medical assistance to persons in custody.

10. The premises of the unit for convicts remaining for work in auxiliary services do not fully comply with the requirements of the Provision Standards. In particular, there are no rooms for storing the exchange fund of bedding, property, and workwear, a storeroom for the temporary storage of dirty bedding, property, and workwear, a utility room, or a drying room.

Convicts are forced to dry things and store outer clothing outside the unit in the street. The absence of the necessary premises leads to a violation of sanitary and hygienic standards. Thus, the improper organisation of the storage of personal belongings makes it difficult to maintain cleanliness and order in the premises where convicts are held, which worsens the general sanitary situation in the institution. In addition, the unit lacks a room for religious worship, which contradicts paragraph 3 of Chapter 5 of Section VIII of the IVR RP and the Provision Standards.

11. The monitoring group identified a number of violations in the organisation of bath and laundry services for convicted persons and prisoners. In violation of the requirements of paragraph 2.11 of Section II of the Regulations on the Organisation of Bath and Laundry Services for Persons Held in Penal Institutions and Remand Prisons, approved by the Order of the Ministry of Justice of Ukraine No. 849/5 dated 08.06.2021 (hereinafter — the Regulations), the forced supply and exhaust ventilation system is not working in the laundry room.

In violation of the requirements of paragraph 3.19.5 of the Regulations, for over two years, due to the absence of a disinfector in the institution, the disinfection chamber has not been functioning. As a result, disinfection (disinsection) of outer clothing and bedding (pillows, mattresses, blankets) of convicts and prisoners is not carried out.

In violation of the requirements of Rule 19.3 of the European Prison Rules, the right to privacy in the bathhouse is not respected due to the absence of curtains on the shower partitions. Supervision of order during the washing of convicts and prisoners in the bathhouse, as well as control over the cleaning, disinfection of premises, and medical examination, provided for by paragraphs 3.10 and 3.11 of the Regulations, is not provided by a duty medical worker.

The logbook for recording body examinations in the institution’s bathhouse, which is maintained in the form according to Appendix 6 to these Regulations, is not maintained by the medical unit staff.

In violation of paragraph 2.14 of Section II of the Regulations, the institution does not provide hairdressing services to convicts and prisoners.

Cell premise No. 303, which is used to hold female prisoners (convicts), is not equipped in accordance with the requirements of the Provision Standards; in particular, it is not fitted with a tray with a shower head on a flexible hose, as a result of which proper conditions for maintaining the personal hygiene of female prisoners (convicts) are not ensured.

12. During the visit, the monitoring group recorded that the staff of the institution 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 8 of Chapter 1 of Section V of the IVR RP, the carrying of special means by remand prison staff within the guarded territory of the remand prison should, if possible, be maximally hidden from the environment.

At the same time, the Committee recommends that prison officers working in direct contact with prisoners should not carry special equipment (such as rubber batons, handcuffs, and tear gas canisters) openly in front of prisoners. Such carrying prevents 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)).

13. According to official documentation, the staff shortage in the institution as of 17.06.2025 is 30 positions (11.2% of the total authorised staff). Shortage of senior and middle commanding staff: 6 positions (11.3%). Shortage of junior commanding staff: 20 positions (11.1%). Shortage of employees without special ranks: 4 positions (11.1%).

At the same time, in the report to the Government of Ukraine on the results of the visit in 2023, the Committee emphasises that ensuring a positive climate in a penitentiary institution requires a professional team of staff, who must be present in sufficient numbers at any given moment in places of detention.

An insufficient number of staff can only increase the risk of violence and intimidation among convicts. The shortage of front-line staff 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 which, the Committee calls on the Ukrainian authorities to take decisive measures to significantly increase the number of staff in penitentiary institutions in 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 end the 24-hour shift for staff on duty. (CPT/Inf (2024) 20) paragraph 93).

14. During the monitoring visit, the conditions of involving prisoners in work in the institution, in particular those held in cell No. 105, were investigated, and the practice of using the labour of convicts in the kitchen, in the bathhouse-laundry, in the boiler room, and for auxiliary work was identified. The studied documents (orders and lists of auxiliary services, work orders for deployment to work, staff lists, payment sheets for May 2025) confirmed the involvement of a significant number of prisoners in work without proper formalisation of labour relations, without court permits, and without proper timekeeping.

The main areas of work to which convicts/prisoners are involved: kitchen: kitchen work, bakery work, laundry-bathhouse complex, as auxiliary workers, boiler room workers, machine operators, and maintenance staff. Most of the people working in auxiliary services actually perform permanent work without concluding fixed-term employment contracts, as provided for by the Labour Code and the Penal Code of Ukraine.

It was established that prisoner P. has been distributing food for two weeks without receiving a court permit, which is a direct violation of Part 3 of Article 8 of the Law of Ukraine “On Pre-trial Detention”. Work orders for taking prisoners out of cells have a formal character, slips for taking prisoners out are not kept, which makes it impossible to control the actual duration of the working day, the number of days off, and cases of overtime work. There is no confirmation that the prisoners passed a medical examination and safety briefing before being admitted to work (in particular, P., who distributes food, and other kitchen workers).

An analysis of the payroll for May 2025 showed that not all persons actually involved in work receive wages. For example, the fact of payment for the work of boiler operator B. requires verification — there is no clear confirmation of accruals in the documents. Prisoners who are involved in various jobs live in cell No. 105. Prisoner P. — distributes food without a court permit, without a confirmed safety briefing, and without a medical examination. Prisoners S., B. — cleaners. Prisoner S. and 11 other people — all are involved in various jobs, but there is no record of their working time (there are no slips for taking them out).

According to the staff list, 8.5 staff positions are provided for in the institution, but at the time of the visit, at least 13 people were recorded at the workplaces. Convicts X., B. were working in the kitchen; kitchen workers and workers in the bakery B., F., D., in the laundry-bathhouse complex — Z., R., P., as well as P., L., K., G., who worked on auxiliary work. In the boiler room — convict B., whose payment has not been confirmed.

Articles 118, 119, 120 of the Penal Code guarantee the right of convicts to work only on the basis of employment contracts, with wages no lower than the minimum and with compliance with occupational safety. The Law of Ukraine “On Pre-trial Detention” (Article 8, Part 3) stipulates that the involvement of prisoners in work is possible only with their consent and if there is a court permit. Article 43 of the Constitution of Ukraine and Articles 2, 21, 24, 43, 153 of the Labour Code guarantee the right to work, the conclusion of an employment contract, the right to occupational safety, and payment no lower than the minimum. This is also discussed in ILO Convention No. 29 on Forced Labour, the Nelson Mandela Rules (Rule 97–103 — the right of prisoners to fair working conditions), and the European Prison Rules (Rule 26.7 — the work of prisoners must comply with labour standards).

There is a systemic violation of the labour rights and social guarantees of prisoners and convicts in the institution. Labour is used without proper formalisation of labour relations. Prisoners actually perform work on the auxiliary maintenance of the institution (kitchen, bathhouse-laundry, boiler room, cleaning, and auxiliary work) without proper payment.

There is no control over timekeeping, which creates a risk of exploitation and overtime work. The participation of prisoners in work is carried out without court permits, which is a direct violation of the law. There is no confirmation of passing medical examinations and briefings, which poses a risk to occupational safety and sanitary standards. Thus, the involvement of prisoners in work in the institution has signs of forced and unpaid labour, which contradicts the national legislation and international obligations of Ukraine.

Kryvyi Rih City Medical Unit No. 3 of the branch of the State Institution “Centre for Healthcare” of the State Penal Enforcement Service of Ukraine” in the Dnipropetrovsk and Donetsk regions

Head of the Kryvyi Rih City Medical Unit No. 3 of the branch of the State Institution “Centre for Healthcare of the State Penal Enforcement Service of Ukraine” in the Dnipropetrovsk and Donetsk regions — Natalia Volodymyrivna Shakhman.

During the monitoring visit, violations 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 convicted persons:

1. During the study of medical documentation, it was established that photos of existing bodily injuries are not attached to the primary accounting medical records form No. 511/o “Certificate of Bodily Injury Recording”, approved by the Order of the Ministry of Health of Ukraine dated 02 February 2024 No. 186, in the outpatient medical records form 025/o, as provided for by paragraph 2.11 of Section II of the Procedure for Interaction of Healthcare Institutions of the SPES of Ukraine with 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 (hereinafter — the Healthcare Institutions Interaction Procedure).

At the same time, the Committee in its report on the results of the visit to Ukraine in 2023 notes that any traumatic injuries detected during a medical examination should be photographed in detail, and the photographs, along with body charts, should be kept in the individual medical record of the person. (CPT/Inf (2024) 20) paragraph 82).

2. In violation of the requirements of 2.11 of Section II of the Healthcare Institutions Interaction Procedure and the Instructions for filling out the primary accounting documentation form No. 511/o “Certificate of Bodily Injury Recording”, medical workers do not properly compile certificates.

In particular, in most cases, point 8 of the form, which provides for the indication of the circumstances of receiving bodily injuries, is filled out formally, without specification, for example: “fell out of his own negligence”, which does not allow identifying the actual circumstances of the event. The lack of full documentation of the circumstances of the injury and improper recording of bodily injuries does not comply with paragraph 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 recording bodily injuries and, if necessary, by informing the relevant authorities.

3. According to paragraph 2, paragraph 3 of Chapter III of Section II of the “Procedure for Organising the Provision of Medical Care to Convicts Sentenced to Deprivation of Liberty” approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572 (hereinafter — the Procedure), a therapist (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 psychiatrist is vacant in the medical unit, which causes incompleteness of the primary and preventive medical examination; in view of this, convicts and prisoners do not receive proper medical care.

This violates paragraph 38 of the Committee’s recommendations (CPT/Inf (93) 12-part), where it is stated that medical services in places of detention should 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 is offered to patients in civilian medical facilities. Provision should be made for medical, auxiliary, and technical staff, as well as provided appropriate premises, equipment, and apparatus.

4. During the monitoring visit, a prisoner was found in ward No. 4 who was in an extremely serious condition. The person was tied with strips of fabric to a metal bed, had signs of a serious impairment of motor capacity, speech, vision, and a complete inability to care for himself. A deep, probably infected, wound was recorded on his right forearm. The bedding was dirty. The sanitary state of the premises was extremely unsatisfactory, which indicates the absence of proper medical supervision.

The above provides grounds to believe that actions that have signs of cruel, inhuman, or degrading treatment could have taken place in relation to this person, which contradicts Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 28 of the Constitution of Ukraine.

5. In violation of paragraph 9 of the Rules for the Application of Physical Restraint and/or Isolation in the Provision of Psychiatric Care to Persons Suffering from Mental Disorders, approved by the Order of the Ministry of Health of Ukraine dated 24 March 2016 No. 240, registered with the Ministry of Justice of Ukraine on 15 April 2016 under No. 570/28700, as well as paragraph 8.3.4 of the State Building Norms of Ukraine V.2.2-10:2022 “Healthcare Institutions”, it was established that the isolation ward for persons with mental disorders does not meet the established requirements.

The room has an area of less than 7 m², there are no windows, which makes it impossible for natural light to enter; there is no washbasin or toilet, which deprives persons of unobstructed access to sanitary facilities; there are no drinking water tanks; there is no ventilation. In addition, the ward is not equipped with any furniture or a bed. Taken together, these conditions make it impossible for a person to stay in isolation safely and with dignity and are incompatible with the principles of humane treatment.

6. In the medical unit, the conduct of opioid substitution therapy (hereinafter — OST) for persons with mental and behavioural disorders due to the use of opioids has not been organised 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-addicted persons are not provided with socio-psychological support, cognitive-behavioural therapy (CBT), relapse prevention, motivational interviewing, self-help groups, etc., are not conducted. As a result, 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 “Foundations 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 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; therefore, appropriate medical care should be available in all institutions.

The help offered to such persons should be diverse — substitution therapy programmes for persons with drug addiction should be combined with real psychosocial and educational programmes for persons with opioid dependence who are unable to stop using drugs. In addition, access to OST programmes in institutions should be easily available, and they should also be managed by penitentiary doctors who must undergo special training on issues related to drug use. (CPT/Inf (2024) 20) paragraph 86).

7. Dispensary supervision is carried out for 14 persons who have disabilities. Of them, group Ⅱ — 2 persons; group Ⅲ — 12 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 in the presence of information confirming a persistent impairment of body functions, caused by diseases or the consequences of injuries, which cause restrictions on normal vital activity.

Thus, during the study of the medical documentation of the convicts, it was established that 4 persons with disabilities lack an individual rehabilitation programme (hereinafter — IRP). Moreover, the recommendations of the IRP are not fulfilled, due to which they do not receive proper diagnostic, treatment, and rehabilitation measures in the presence of information confirming a persistent impairment of body functions caused by diseases and consequences of injuries, which cause restrictions on normal vital activity.

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 people with limited mobility”, no conditions have been created in the medical unit for holding people with disabilities.

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 the Conduct of Economic Activity in Medical Practice”, the medical unit lacks a conclusion confirming free access to the buildings and premises of the medical facility for persons with limited mobility, the receipt of which is mandatory.

10. 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 (10 persons as of 17.06.2025), due to which they do not receive the necessary treatment, which may lead to a deterioration of their health and the spread of the specified infectious disease among convicted persons.

11. In violation of the requirements of Parts 1 and 2 of Article 115 of the Penal Code of Ukraine, it was established that the majority of the inspected ward premises are in an unsatisfactory technical state and require repair work, in particular, the installation of new windows, the replacement of sanitary equipment, and the renewal of electrical networks. In a number of wards, a persistent unpleasant odour, unsanitary state, and the spread of mould on the walls were recorded, which is due to water leakage. In individual cases, leakage occurs through cracks in the ceiling, from which water collects in buckets placed under them.

The above creates significant risks to the health of persons in custody, in particular, due to prolonged exposure to a humid environment, the presence of mould, and an increased probability of developing respiratory diseases, skin diseases, and infectious diseases.

Bedding (pillows, mattresses, blankets) is in a worn-out state and needs replacement. Toilets are not equipped with doors and proper partitions, which makes it impossible to maintain privacy during their use, which is a violation of Rule 19.3 of the European Prison Rules. In addition, in violation of the requirements of Rule 22.5 of the European Prison Rules and the provisions of the Provision Standards, the cell premises are not equipped with drinking water tanks, which limits the right to access safe water and hygiene.

12. In violation of the Procedure for Organising Medical Care at the Primary, Secondary (Specialised), Tertiary (Highly Specialised) Levels with the Use of Telemedicine, approved by the Order of the Ministry of Health of Ukraine dated 19.10.2015 No. 681, the medical unit staff is deprived of the opportunity to make requests for telemedical consultation and receive consultation for the provision of medical care to prisoners and convicted persons due to technical reasons.

13. In violation of the requirements of the List of Equipment for One Workplace of a Dentist and Dental Technician, approved by the Order of the Ministry of Health of Ukraine dated 11.04.2005 No. 158, the medical unit lacks a dental X-ray machine, which makes it impossible to conduct an in-depth dental examination of convicts and does not ensure the timely provision of proper dental care.

14. In violation of the requirements of the Standard of Entitlement to Bedding, Special Clothing, and Special Footwear (inventory property) for convicts undergoing treatment in medical-preventive institutions, institutions with the rights of medical facilities, and in medical units at penal institutions and remand prisons, approved by the Order of the Ministry of Justice of Ukraine dated 20.02.2012 No. 280/5, convicts and prisoners in the inpatient department do not receive hospital property (hospital suit, robe, and shoes).

15. In doctors’ offices, there is no hot water supply; the workplaces of medical workers do not meet the requirements of current legislation and violate Article 19 of the Law of Ukraine “Foundations of the Legislation of Ukraine on Healthcare” and Article 13 of the Law of Ukraine “On Occupational Safety”.

16. According to paragraph 10 of Chapter 2 of Section IX of the IVR RP, those left in the remand prison for work in auxiliary services 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, Industries, and Organisations Whose Workers are Subject to Mandatory Preventive Medical Examinations, the Procedure for Conducting These Examinations and Issuing Personal Medical Booklets”; for each convict of this category, a primary accounting documentation form No. 1-OMK “Personal Medical Booklet” is opened, 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 booklets for two kitchen workers and the results of the examination in the medical documentation conducted by medical specialists (including laboratory, clinical, and other studies) necessary for admission to work in food facilities.

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

18. In violation of the Fire Safety Rules in Ukraine, approved by the Ministry of Internal Affairs of Ukraine dated 30.12.2014 No. 1417, the medical unit premises are not equipped with fire extinguishing and fire alarm systems.

Recommendations:

1. Cease the use of punishment cells with an area of less than 6 m² and with a distance between walls of less than 2 metres. Immediately stop detention in cells No. 1 and No. 2 until they are brought into compliance with standards (CPT/Inf (2011) 28; CPT/Inf(2013) 23).
2. Ensure a proper level of natural lighting, ventilation, and access to drinking water in all cells; equip toilets with partitions/doors to ensure privacy (Nelson Mandela Rules, EPR 19.3, 22.5).
3. Install and ensure the proper functioning of staff call buttons in all cells (EPR 18.2).
4. Cease the practice of prolonged solitary confinement for life-sentenced prisoners; apply it only as an exceptional measure based on the results of an individual risk assessment and with clearly defined timeframes (CPT/Inf (2011) 28).
5. Ensure access to psychological assistance and regular medical supervision for persons placed in solitary confinement cells.
6. Cease the use of video cameras in living quarters without individual risk assessment. Develop a procedure for the regular review of decisions regarding video surveillance and document the justification for its use (CPT/Inf (2013) 23, para. 52).
7. Ensure compliance with the requirements regarding the separate detention of those prosecuted for the first time and those who have previously served sentences (Article 8 of the Law “On Pre-trial Detention”, EPR 17.2).
8. Equip the reception ward in accordance with the Provision Standards: a room for processing documents, a barbershop, quarantine cells, ventilation systems, toilet partitions.
9. Ensure proper natural lighting in the premises or review their design, equip them with drinking water tanks, and furnish them with furniture (tables and benches).
10. Ensure proper equipment of toilets, regular disinfection, and proper repair of cells (CPT/Inf (2024) 20, para. 58).
11. Furnish cells with furniture, clean bedding, and proper hygiene products; eliminate mould and dampness.
12. Restore the proper organisation of bath and laundry services (Article 11 of the Law “On Pre-trial Detention”).
13. Review the design of exercise yards: ensure access to sunlight and a view of the sky; dismantle or modernise canopies that block natural light (CPT/Inf (2014) 15, para. 122, 127).
14. Cease the practice of posting name cards with information about crimes near the cells of life-sentenced prisoners. This is stigmatisation and a violation of Article 8 of the Convention (CPT/Inf (2020) 40, para. 52).
15. Create a doctor’s office for outpatient examination of patients in the maximum-security sector.
16. Ensure regular medical examinations and access to medical services in all units.
17. Equip the auxiliary maintenance premises for storing linen, workwear, a utility room, a drying room, and also ensure a room for religious worship (IVR RP, Provision Standards).
18. Restore the operation of the supply and exhaust ventilation in the laundry and the operation of the disinfection chamber.
19. Ensure disinfection of clothing and bedding.
20. Install curtains in shower cabins to ensure privacy.
21. Restore the provision of hairdressing services, in particular for women.
22. Refuse the open carrying of special means by staff who are in contact with prisoners/convicts. (CPT/Inf (2011) 29; CPT/Inf (2013) 23).
23. Cease the practice of involving prisoners in work without employment contracts and court permits.
24. Ensure the conclusion of fixed-term employment contracts with all persons performing auxiliary maintenance work (Labour Code, Penal Code of Ukraine).
25. Ensure that medical examinations and safety briefings are passed before admission to work.
26. Guarantee wages no lower than the minimum and with deductions for the Single Social Contribution (SSC), as provided for by law (Constitution of Ukraine, Labour Code, Penal Code, ILO Convention No. 29, Nelson Mandela Rules, EPR).
27. 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. 3 of the branch of the State Institution “Centre for Healthcare of the State Penal Enforcement Service of Ukraine” in the Dnipropetrovsk and Donetsk regions.
28. Ensure control over the proper maintenance of medical documentation in accordance with the Procedure for Interaction of Healthcare Institutions of the SPES of Ukraine with 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, the Procedure for Organising the Provision of Medical Care to Convicts Sentenced to Deprivation of Liberty, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572, and other regulatory legal acts.
29. Staff the hospital facility with medical specialists according to needs. Ensure timely and proper recording of bodily injuries in convicted persons and prisoners.
30. Ensure the maintenance of proper records of preventive examinations.
31. Ensure proper medical examination of persons working with food products and the issuance of personal medical booklets.
32. Ensure that all persons with suspected HCV have access to PCR testing in the shortest possible time and organise the necessary antiviral treatment for persons with a confirmed diagnosis.
33. Ensure the possibility of receiving opioid substitution therapy based on a diagnosis of mental and behavioural disorders due to opioid use.
34. 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 the Conduct of Economic Activity in Medical Practice”.
35. Ensure the conduct of individual rehabilitation of persons who need it.
36. 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 people with limited mobility”.
37. Ensure the proper operation of the telemedical complex for doctors to make requests for telemedical consultation.
38. Ensure the equipment of the isolation ward for persons with mental and behavioural disorders in accordance with the requirements.
39. Ensure that urgent repair work is carried out in ward premises, renew sanitary equipment, bedding, and ensure compliance with the requirements of hygiene, privacy, and access to drinking water.
40. Provide the medical unit with necessary diagnostic equipment, including a dental X-ray machine.
41. Provide the medical unit with hospital property (hospital suit, robe, and slippers).
42. Equip the fire-fighting system in accordance with the established requirements.