Report on the results of the monitoring visit to Petrivska Correctional Colony No. 49
On 19 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 pursuant to Article 24 of the Criminal Enforcement Code of Ukraine — Visiting Penitentiary Institutions — a monitoring group from the Kharkiv Human Rights Protection Group and the NGO ‘Protection of Prisoners of Ukraine’ conducted a follow-up visit to the state institution Petrivska Correctional Colony No. 49 (PCC-49, the institution, the facility).
The previous visit took place on 15–16 November 2024. The planned visit was conducted without prior notice, and all facilities of the institution were examined.
During the preparation for the visit, the monitors utilised materials from complaints by prisoners/convicts and their relatives, materials from previous reports, and the report of the monitors of the National Preventive Mechanism (NPM) under the Commissioner for Human Rights of the Verkhovna Rada of Ukraine.
The visit was carried out within the framework of the project ‘Reducing Prisoner Suffering 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:
- Andrii Didenko — Assistant to Member of Parliament of Ukraine Yaroslav Yurchyshyn, programme coordinator of the Kharkiv Human Rights Protection Group, experienced in monitoring visits since 2014, NPM monitor (National Preventive Mechanism), member of the NPM advisory council;
- Serhii Zuikov — Assistant to Member of Parliament of Ukraine Kostiantyn Kasai, member of the public council under the Ministry of Justice of Ukraine, member of the public organisation ‘Protection of Prisoners of Ukraine’, NPM monitor, possesses many years of experience in monitoring visits;
- Oleh Tsvilyi — member of the public council under the Ministry of Justice of Ukraine, head of the public organisation ‘Protection of Prisoners of Ukraine’, possesses extensive experience in monitoring visits, specialising in issues of torture, cruel and inhuman treatment.
The monitoring visit to PCC-49 revealed systemic violations of the rights of convicts concerning conditions of detention, medical provision, and the organisation of labour. Unsanitary conditions were recorded in the QDD and DIW departments: high humidity, the presence of mould, and a lack of privacy and proper lighting, which creates serious health risks.
The medical unit functions under conditions of a staff deficit. Violations were identified regarding record-keeping, compliance with informed consent requirements, and the treatment of persons with disabilities and dependencies.
The organisation of convict labour in a number of cases shows signs of forced labour: employment is formal in nature, with work shifts lasting up to 15–19 hours per day recorded, and wages, after deductions, are purely symbolic.
Additionally, staff shortages and the practice of openly demonstrating special equipment were established.
These issues indicate violations of the Constitution of Ukraine, the Criminal Enforcement Code, the Labour Code, and international standards (the Mandela Rules, European Prison Rules, ILO conventions) and require urgent rectification.
General Information
PCC-49 is a maximum-security penitentiary institution for the detention of persons convicted of grave and especially grave crimes.
The institution is located at: 1 Polova St., Novyi Starodub village, Petrove district, Kirovohrad region, 28310.
Founded in 1976, it has functioned as a strict-regime colony since 1982. It is currently classified as a maximum-security institution for the detention of men.
The facility includes a duty unit, a QDD department (quarantine, diagnostics, and distribution), Social and Psychological Service (SPS) sections, a catering unit, a disciplinary isolation ward (DIW), cell-type premises (CTP), a maximum-security sector (MSS), an enhanced-control section (ECS), a medical unit, a bath and laundry complex, rooms for visits, a shop, a library, a room for receiving parcels, and administrative premises.
According to the administration, the authorised staff number is 219.5 positions; the actual number is 186. The shortage is 33.5 employees.
The planned capacity of the institution is set at 656 persons, plus 50 in the MSS; the actual number of convicts is 495. There are 12 SPS departments functioning in the institution, as well as the ECS, MSS, and QDD. Two psychologists are employed.
During 2024–2025, 342 persons arrived at the colony. In 2024, 6 convicts died; in 2025, 1. Forty-seven persons are employed under employment contracts.
On operational-preventive registration are: 21 persons prone to suicide; 34 prone to self-harm; 12 prone to escape; 26 are malicious violators of the regime. 43 persons are isolated from the collective. During 2024, 32 cases of bodily injuries were recorded; in 2025, 19.
In 2024–2025, no complaints regarding improper conditions of detention or medical provision were received. 33 persons have disabilities: Group I — 1, Group II — 6, Group III — 26.
Convicts have 322 tablets in their possession, and 24 electronic addresses are registered.
During the visit, the monitoring group interviewed approximately 205 convicts in the workshop, SPS sections, MSS, and disciplinary and utility premises. Interviews were conducted in the form of general conversations, individual consultations, and anonymous discussions regarding potential human rights violations.
It is worth noting that the institution’s administration responds adequately to complaints from convicts regarding the actions or omissions of staff. Furthermore, the administration does not conceal facts of human rights violations, which can be interpreted as a sign of openness, transparency, and proper responsiveness.
Positive Experience
Since the monitoring group’s visit on 15–16 November 2024, the institution has renovated an SPS department by converting it from a dormitory style to a block style.
Old metal heating pipes have been replaced with plastic pipes, and new European-standard radiator-type batteries have been installed. All windows in the department are equipped with plastic-framed double-glazed units, the floor is tiled, and laminate has been laid in the sleeping quarters. The restroom has been renovated with the replacement of sewage pipes and electrical wiring. The toilets are equipped with ‘Genoa’ bowls, and in the washroom, sinks, mirrors, and tiles have been replaced, and two shower cabins with access to hot water have been installed.
Modern furniture has been manufactured for the convicts: bedside tables and beds with individual space. The entrance door to the department has been replaced. The department is equipped with modern household appliances: a microwave oven, a refrigerator, an electric kettle, a washing machine, and a water heater.
On the territory of the local section, a gazebo has been installed, and a sports ground with exercise equipment has been set up.
Renovation work has been carried out on the complex of rooms for long-term visits and auxiliary rooms, as well as on the room for short-term visits without a partition glass for convicts sentenced to life imprisonment.
A walking courtyard has been created adjacent to the visit rooms for those sentenced to life imprisonment. Furthermore, two new long-term visit rooms with enhanced comfort and a room for contact short-term visits with a children’s corner for fixed-term convicts have been set up.
In 2025, a production site was created to house equipment for the manufacture of fuel briquettes and to provide additional employment for convicts. The total area of the site is 130 m², and separate toilets and showers are provided for the convicts.
Among the positive developments of recent years, it is worth noting the opening of a sector for those sentenced to life imprisonment in multi-occupancy cell-type premises with a total area of 994.4 m². It includes three walking courtyards with an area of 50 m² each.
All premises are supplied with cold and hot water, which is heated using water heaters. The heating is centralised, from a boiler room located on the institution’s grounds. The pipeline has been fully restored: old metal pipes were replaced with plastic ones, and new European-standard radiators were installed.
Facts Discovered During the Visit
In the course of the monitoring visit, violations of national legislation requirements and non-compliance with international recommendations in the field of prisoner treatment were uncovered, leading to violations of the rights of convicts:
1. The equipment of the Quarantine, Diagnostics, and Distribution (hereinafter — QDD) department does not meet the standards for the treatment of prisoners and the conditions of their detention, taking into account their needs.
In violation of the requirements of the ‘Norms for provision with furniture, equipment, and household items for a maximum-security correctional colony’, approved by the order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5 (hereinafter — Provision Norms), the department lacks a number of necessary premises, namely: a room for educational work; a room for storing the exchange fund of bedding, clothing, and special workwear; a pantry for the temporary storage of soiled bedding, clothing, and special workwear; a cloakroom; and a household room.
The absence of these premises or their improper outfitting leads to violations of sanitary and hygienic standards. In particular, inadequate organisation of the storage of personal belongings makes it difficult to maintain cleanliness and order in the rooms where convicts are kept, which negatively affects the overall sanitary situation in the institution.
The washroom is not equipped in accordance with the Provision Norms: there is no shower cabin with a mixer and a shower head on a flexible hose, as a result of which convicts are deprived of proper conditions for maintaining personal hygiene.
At the time of the visit, there were 17 newly arrived persons in the QDD department with a design capacity of 18, yet only one toilet cabin was available. This contradicts the requirement of the Provision Norms — one cabin per 12 persons — and creates unsanitary conditions, violating the right to dignity.
2. The monitoring group established that the administration and staff of the institution do not ensure proper organisation of work with newly arrived convicts, which is a violation of the requirements of paragraphs 1, 2 of Section II of the ‘Regulation on the Quarantine, Diagnostics, and Distribution Department (QDD)’, approved by the order of the Ministry of Justice of Ukraine dated 04.11.2013 No. 2300/5, registered with the Ministry of Justice on 04.11.2013 under No. 1864/24396 (hereinafter — QDD Department Regulation).
In particular, there is no order from the head of the institution ‘On the creation of a working group and organisation of work with newly arrived convicts in the QDD department’. There is also no programme approved by the head of the institution for familiarising newly arrived convicts with the order and conditions of serving their sentence, which makes it impossible to properly plan and conduct relevant measures.
The lack of systematic organisation of work is confirmed by entries in the QDD department visitor log by administration representatives. For example, for convicts who arrived at the institution on 11.06.2025, as of 18.06.2025, only three thematic events had been conducted. Two of them were held by the First Deputy Head of the institution, Serhii Zaremba — on 12.06.2025 and 18.06.2025 — on the topic ‘Daily Routine of the Institution’.
3. The administration of the institution does not fully ensure the right of convicts to access the Internet, and the procedure for its provision only partially meets established requirements. In particular, in the Quarantine, Diagnostics, and Distribution department, there are no conditions for the realisation of the convicts’ right to Internet access, as provided for by Part 7 of Article 110 of the Criminal Enforcement Code of Ukraine, through the use of tablets. A Wi-Fi access point in the QDD department has not been installed.
4. The equipment of the institution’s disciplinary isolation ward (hereinafter — DIW) premises does not meet the standards for the treatment of prisoners and conditions of their detention in accordance with their needs. In particular, in violation of the Provision Norms, the DIW lacks a room for the administration and medical staff to receive convicts. Instead, a cell is used, which does not meet established requirements, specifically due to the lack of necessary equipment (a table, a chair, or a stool).
One of the most critical issues is excessive humidity in the DIW premises: in a number of cells, dampness of the floor and walls was recorded, with the latter covered in mould due to water leakage, resulting in unsanitary conditions. Such a situation creates significant health risks for the detainees, particularly in connection with prolonged stay in a damp environment, the presence of mould, and an increased probability of respiratory, skin, and infectious diseases.
5. The toilets in the DIW/CTP cell premises are not equipped with doors (No. 2) and sufficient partitions (No. 1, 3) that ensure privacy, which violates Rule 19.3 of the European Prison Rules.
At the same time, in the report of the Government of Ukraine following the 2023 visit, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) called upon the Ukrainian authorities to take necessary measures to improve material conditions of detention.
In particular, all places where convicts and detained persons are held, including sanitary facilities, must be maintained in a proper state of repair and hygiene, disinsection should be carried out regularly and frequently, sufficient access to natural light and ventilation in cells should be provided, and internal sanitary facilities should be fully equipped with partitions (i.e., from floor to ceiling) (CPT/Inf (2024) 20, paragraph 58).
6. Radio broadcasting in the DIW cell premises No. 2, 3 is not working, which contradicts the requirements of paragraph 3 of Section XX of the ‘Internal Regulations of Penitentiary Institutions’, approved by the order of the Ministry of Justice of Ukraine dated 28 August 2018 No. 2823/5, registered with the Ministry of Justice of Ukraine on 5 September 2018 under No. 1010/32462 (hereinafter — IPI regulations), as well as paragraph 63 of the UN Standard Minimum Rules for the Treatment of Prisoners.
7. Paragraph 1 of Section XXIII of the IPI regulations defines that the 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, prevention and suppression of unlawful acts on their part, and ensuring the requirements for the isolation of convicts and the safety of penitentiary institution staff.
Thus, during the inspection of the DIW/CTP cell premises, installed video surveillance cameras were recorded. However, in its 2012 report, the Committee criticised excessive interference in privacy through the installation of video cameras in convicts' living quarters: ‘The CPT agrees that video surveillance in cells can be a useful safeguard in specific cases, for example, when a person is considered a concern regarding the risk of self-harm or suicide, or if there are specific suspicions that a convict is carrying out certain actions in the cell that could jeopardise safety.
However, any decision to apply video surveillance to a specific convict must always be based on an individual assessment of real risks and must be reviewed regularly. Video surveillance is a serious interference in the private life of prisoners and makes the regime even more repressive, in particular, when applied over a long period of time.’ (CPT/Inf (2013) 23, paragraph 52).
8. Due to the small size of the windows in the DIW cell premises, a sufficient level of natural lighting is not provided, which does not meet Rule 18.2a of the European Prison Rules and Rule 14 of the UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules).
Contrary to the requirements of Rule 22.5 of the European Prison Rules, drinking water tanks are not filled with clean drinking water, which forces convicts to use technical water from the central water supply.
9. During the visit to the DIW and the analysis of service documentation, the monitoring group established that the institution’s staff does not take sufficient measures for the proper organisation of work on the prevention of suicide among convicts. In particular, it was established that the head of the QDD department does not conduct individual preventive work with a convict who is on preventive registration as prone to suicide and who, at the time of the monitoring visit, was being held in the DIW.
The aforementioned contradicts subparagraph 11 of paragraph 5 of Section II of the ‘Procedure for organising work on the prevention of suicide among convicts and persons taken into custody who are held in penitentiary institutions and pre-trial detention centres’, approved by the order of the Ministry of Justice of Ukraine dated 27 March 2023 No. 1126/5.
10. In violation of the twenty-third paragraph of paragraph 6 of Section XXI of the IPI regulations, according to which the head of the medical unit (the duty doctor), for the purpose of providing medical assistance, is obliged to visit the DIW, punishment cells, CTP (OP) daily and, if necessary, conduct a reception of convicts, the monitoring group, while checking the Disciplinary Isolation Ward Visitor Log, established the absence of relevant entries by medical personnel regarding visits to the DIW in the period from 11.06.2025 to 18.06.2025, when convicts were being held in the isolation ward.
11. In the living premises of SPS department No. 1, 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 discovered. Thus, in violation of Rule 18.1 of the European Prison Rules, beds in the sleeping quarters are located close to each other, which makes it impossible to provide personal space to the convicts.
12. During the visit to the institution, the monitoring group established that there are no tobacco products in the institution's shop, the availability of which is provided for by Appendix 5 to the IPI regulations.
13. In violation of the requirements of the Provision Norms, there is no cloakroom in the institution's canteen, which leads to the fact that convicts are forced to eat while wearing their outerwear.
14. The monitoring group established a number of violations in the organisation of bath and laundry services for convicts and detained persons. Thus, in violation of paragraph 2.11 of Section III of the ‘Regulation on the organisation of bath and laundry services for persons held in penitentiary institutions and pre-trial detention centres’, approved by the order of the Ministry of Justice of Ukraine No. 849/5 dated 08.06.2021 (hereinafter — Regulation), the forced air supply and exhaust ventilation system in the laundry and bathhouse premises does not work properly.
In violation of paragraph 3.19.1 of Section III of the Regulation, the sanitary treatment of convicts is not carried out in full. In particular, disinfection (destruction of pathogenic microorganisms) and disinsection (destruction of insects and mites — vectors of infectious diseases) of bedding used in the medical unit are not carried out. This fact is confirmed by relevant entries in the Log of disinfection (disinsection) of clothing and bedding in the disinfection chamber.
Contrary to the requirements of paragraph 3.11 of Section III of the Regulation, in the room for undressing (dressing) intended for conducting physical examinations and providing medical assistance to convicts (persons taken into custody), the area (corner) for the medical unit paramedic is not properly equipped, which should be provided with a chair.
Supervision of compliance with the order during the washing of convicts and detainees in the bathhouse, as well as control over the cleaning and disinfection of the premises and the performance of medical examinations, as provided for by paragraphs 3.10 and 3.11 of the Regulation, is not effectively provided by the duty medical staff.
In violation of the requirements of Rule 19.3 of the European Prison Rules, in the bathhouse premises, the right to privacy is not respected due to the absence of curtains on shower partitions.
15. During the visit, the monitoring group recorded that the institution’s staff who are in direct contact with convicts openly wear special equipment, including rubber batons. However, according to the eighth paragraph of paragraph 1 of Section XXVI of the IPI regulations, the carrying by staff of penitentiary institutions of special equipment within the guarded territory of the penitentiary institution must, if possible, be maximally hidden from those around them.
At the same time, the Committee recommends that penitentiary staff 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 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).
16. According to service documentation, the staff shortage in the institution as of 19.06.2025 constitutes 33 authorised units. At the same time, in the report of the Government of Ukraine following the 2023 visit, the Committee emphasises that ensuring a positive climate in a penitentiary institution requires the presence of a professional team of staff who must be present in sufficient numbers at any moment in places of detention. An insufficient number of staff can only increase the risk of violence and intimidation between 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 this regard, the Committee calls upon the Ukrainian authorities to take decisive measures to substantially increase the number of staff in penitentiary institutions of Ukraine where a low level of staffing is observed, with the aim of strengthening the presence of security and supervision services inside the institutions. It is also necessary to take measures to put an end to 24-hour shifts for staff on duty (CPT/Inf (2024) 20, paragraph 93).
17. The monitoring group established systemic violations of the right to work and social protection. In PCC-49, the following production sections operate: sewing, carpentry, metalworking, and a catering unit. Convicts are engaged to perform work both for the internal needs of the institution and for external customers (under tolling agreements, ‘provision of labour’ agreements). Documentation — orders, applications, time sheets, round logs — is formally maintained. However, an analysis of these documents shows that convict labour has systemic signs of exploitation and coercion.
All applications from convicts for employment have the same form and text. Some of them are filled out in the same handwriting, which indicates not the real expression of the convict’s will, but a formal registration. The applications lack information about a specific position, qualification level, payment terms, and work schedule. The employment contracts concluded have a term of 1 to 3 months. Such ‘short’ agreements are concluded serially and without justification for why the work should be of a fixed-term nature.
An application for work is a key document that confirms the voluntariness of labour. When it is drawn up according to a template or filled out not by the convict himself, but by an employee of the institution, it strips it of content and casts doubt on the voluntariness of employment. The serial conclusion of short-term contracts creates a situation where convicts are constantly in the status of ‘temporary workers’. This deprives them of stability and labour guarantees (the right to annual leave, payment for overtime, accrual of seniority, etc.).
Such working conditions violate the right to free expression of will in the choice of work (Art. 43 of the Constitution of Ukraine), the right to stable labour guarantees, which also apply to convicts (Art. 118, 119 of the Criminal Enforcement Code of Ukraine), and the right to protection from forced labour (Art. 4 of the European Convention on Human Rights; ILO Convention No. 29). Art. 24 of the Labour Code of Ukraine states that an employment contract is concluded for an indefinite period, and a fixed-term contract is an exception and is allowed only in cases provided for by law (e.g., seasonal work, substitution for an absent employee).
Art. 118 of the Criminal Enforcement Code of Ukraine guarantees that the engagement of convicts in work takes place on the basis of an employment contract, which must ensure rights and guarantees provided for by legislation. The Mandela Rules, paragraph 97, regulate that prisoner labour must be voluntary and as close as possible to ordinary labour relations.
Thus, in the institution, the actual employment of convicts is formal in nature. The applications do not reflect a real agreement to work, and fixed-term contracts are used systematically without proper grounds. This creates conditions for exploitation, deprives convicts of stability, and contradicts national legislation and international standards.
In the materials studied, blank orders for the release of convicts for work were found, where data on the following were missing: date, surnames of convicts, place and nature of work, time of start and completion. At the same time, such ‘blank’ forms already carry all the necessary signatures of the management: Colonel of Internal Service Valerii Apakidze, S. O. Kravchenko (workshop head), V. S. Tura (branch director), O. H. Novikov (operational department head), and V. V. Balantiuk (canteen manager).
A primary document loses its legal force if it is signed before the entry of actual data. Such a practice allows documents to be filled out retroactively and to ‘legalise’ any facts of convicts being released for work, even if they never occurred. It creates an opportunity to conceal the real volume of work, the number of involved persons, and the time of execution, and, therefore, to mask cases of the use of forced or unpaid labour.
Such a practice violates the right of convicts to transparent documentation of the fact of their work and hours worked (Art. 118–120 of the Criminal Enforcement Code of Ukraine), the right to remuneration and social protection, as without proper primary accounting, earnings cannot be confirmed, as well as the right to protection from forced labour (Art. 43 of the Constitution of Ukraine, Art. 4 of the European Convention on Human Rights).
In accordance with Art. 118 of the Criminal Enforcement Code of Ukraine, convicts are engaged in work under employment contracts and orders of the administration, which must be properly formalised. According to Art. 9 of the Law of Ukraine ‘On Accounting’, primary documents must be drawn up at the moment of the transaction and contain all mandatory details. ILO Convention No. 29 prohibits hidden forms of forced labour, and the Mandela Rules, paragraph 97, state that the recording and organisation of prisoner labour must exclude the possibility of exploitation.
In the time sheets opposite the convicts’ surnames, there are only ‘ticks’, without indication of hours, shifts, or reasons for absence. In the round logs, entries are reduced to general notations: ‘canteen round, 23 persons’, ‘round …, 24 persons’, without specifying exactly who worked and how many hours. The lack of hourly accounting for working time makes it impossible to determine the volume of work actually performed. There is no control over night shifts or overtime, which leads to a violation of the rights of convicts to rest and payment.
Convicts have the right to transparent work accounting (Art. 118, 120 of the Criminal Enforcement Code), as well as the right to fair payment in accordance with hours worked (Art. 43 of the Constitution, Art. 95 of the Labour Code). In accordance with Art. 30 of the Labour Code, the employer is obliged to keep records of the time actually worked by each employee, and Art. 120 of the Criminal Enforcement Code regulates that the working time of convicts is determined by labour legislation.
The European Prison Rules (paragraph 26.7) state that the working conditions of prisoners should be as close as possible to general conditions, including accurate timekeeping. Thus, formal timekeeping and general entries in round logs effectively mask the true volume of work and create conditions for the exploitation of convicts without proper payment.
During the examination of documentation and communication with convicts, work shifts lasting 15–19 hours per day were recorded. For example, convict L. worked from 01:29 to 20:45 in the sewing section, where two shifts were organised, which effectively meant round-the-clock work. Convicts are deprived of the right to rest, there is no payment for night and overtime shifts, and work at night is not justified by production necessity.
Regarding the convicts, the right to a normal duration of working time (Art. 50 of the Labour Code), the right to rest (Art. 52 of the Labour Code), as well as the right to proper remuneration (Art. 43 of the Constitution, Art. 118 of the Criminal Enforcement Code) have been violated. Arts. 50, 52, 54 of the Labour Code establish that working time cannot exceed 40 hours per week, and there are restrictions on night work. Art. 118 of the Criminal Enforcement Code guarantees convicts the right to rest.
The Mandela Rules (paragraphs 97–98) prohibit exploitation through excessive duration of work. Thus, work for 15–19 hours a day has signs of exploitation and can be qualified as forced labour.
In the payroll sheets, there are no signatures of convicts regarding the receipt of salary, and in some cases, after deductions, symbolic amounts remain — 7–10 UAH (for example, for convict B.). Without the recipient's signature, there is no proof of actual payment of salary, and excessive deductions effectively deprive convicts of remuneration for their work.
This violates the right to fair remuneration (Art. 43 of the Constitution), the right to a minimum wage (Art. 95 of the Labour Code), and the right to social guarantees (Art. 119 of the Criminal Enforcement Code). In accordance with Art. 95 of the Labour Code, the salary cannot be lower than the minimum, and Art. 119 of the Criminal Enforcement Code regulates that remuneration is carried out for work actually performed.
At the same time, according to ILO Convention No. 95, there is a prohibition on excessive deductions. Thus, the absence of confirmation of payment and minimal balances after deductions indicate the deprivation of convicts of real remuneration for their work.
In the briefing logs for canteen workers, there are no signatures from the convicts, and some of the entries are made in the same handwriting without dates. Briefings on occupational safety are a mandatory condition for admission to work; without the workers’ signatures, they are considered not conducted, which violates the right to safe working conditions in accordance with the Law ‘On Occupational Safety’, Art. 13 — the mandatory nature of briefings. The absence of briefings creates risks to the life and health of both working convicts and all persons who consume the prepared food, and indicates an ignoring of basic occupational safety rules.
In the sewing section, convict L. worked from 05:30 in two shifts, effectively round-the-clock. In this case, overtime and night work were recorded, and there was a lack of accounting for May–June 2025 (according to time sheets and work orders). Convict L. works as a cook from 01:29 to 20:45, effectively — 19 hours without rest in June 2025, according to the canteen round logs. Convict V. worked as a cook on night shifts without accounting or additional payments in June 2025. Convict B. worked as a cook at night without confirmation of working time accounting, which is a violation of labour guarantees in June 2025. Convict F. worked as a baker, starting his shift at 05:25; he also worked night and early shifts, but there is no accounting of hours for June 2025.
In the hourly verification logs at workplaces for 16.06.2025, night work of convicts was confirmed, but without their identification and proper recording.
Thus, the practice of organising labour in PCC-49 has signs of exploitation and forced labour: work shifts last 15–19 hours; there is no proper accounting of working time; salary is symbolic or not confirmed; occupational safety briefings are conducted formally; documents are signed before being filled out. This violates the Constitution of Ukraine, the Labour Code, the Criminal Enforcement Code, laws on remuneration and occupational safety, as well as international standards — ILO Conventions, the Mandela Rules, and the European Prison Rules.
Medical Unit No. 49 of the branch of the State Institution ‘Centre for Healthcare of the State Criminal-Enforcement Service of Ukraine’ in the Cherkasy and Kirovohrad regions
Head of Medical Unit No. 49 — a doctor of the branch of the State Institution ‘Centre for Healthcare of the State Criminal-Enforcement Service of Ukraine’ in the Cherkasy and Kirovohrad regions (hereinafter — the medical unit) — Roman Zinoviiovych Valaha.
During the monitoring visit, violations of national legislation requirements and non-compliance with international recommendations in the field of prisoner treatment were uncovered, leading to violations of the rights of convicts:
1. According to paragraph 2, paragraph 3 of Chapter III of Section II of the ‘Procedure for organising the provision of medical assistance to convicts sentenced to deprivation of liberty’, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572 (hereinafter — Procedure), a physician-therapist (or general practitioner — family doctor), psychiatrist, and dentist must participate in the preventive medical examination.
At the same time, the position of a psychiatrist in the medical unit is vacant, which indicates the incompleteness of the initial and preventive medical examination. In connection with this, convicts and detainees do not receive proper medical assistance.
The aforementioned violates paragraph 38 of the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf (93) 12-part) (hereinafter — Committee), where it is stated that medical services in places of deprivation of liberty must be able to provide medical assistance 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 institutions.
Provision must be made for the availability of medical, auxiliary medical, and technical personnel, as well as the provision of appropriate premises, equipment, and facilities.
2. In violation of the requirements of the Instruction for filling out the primary accounting documentation form No. 003/o ‘Inpatient Medical Record’, approved by the order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, which provides for the mandatory entry into this form of all data regarding treatment and diagnosis in the hospital, including information obtained during the examination of the patient and the doctor’s prescriptions, the monitoring group established the fact of the absence of filled inpatient medical records (Form No. 003/o) for 6 out of 9 persons who, at the time of the visit, were in the wards of the medical unit for inpatient treatment.
3. In violation of the requirements of the Instruction for filling out the primary accounting documentation form No. 003-6/o ‘Informed voluntary consent of the patient to the conduct of diagnostics, treatment, and to the conduct of an operation and anaesthesia and to the presence or participation of participants in the educational process’, approved by the order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, the absence of signed informed voluntary consents for the conduct of diagnostics and treatment was established for 6 patients who were in the inpatient ward of the medical unit.
The aforementioned may indicate the absence of the patient’s voluntary consent to the application of methods of diagnostics, prevention, and treatment to him, 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).
4. In violation of the requirements of paragraph 3 of Section I, Chapter II of the Procedure, medical personnel do not compile certificates in which the nature of bodily injuries, their sizes, and locations are described in detail. Thus, the absence of a filled form of primary accounting documentation No. 511/o ‘Certificate on the recording of bodily injuries’, approved by the order of the Ministry of Health of Ukraine dated 02.02.2024 No. 186, was established for convict K., who received bodily injuries on 25.04.2025, in accordance with information entered into the Log for recording facts of the detection of bodily injuries in convicts.
The lack of proper recording of bodily injuries does not meet paragraph 60 of the Committee’s recommendations, where it is stated that medical services in places of deprivation of liberty can make their contribution to the prevention of violence against persons held in custody through the systematic registration of bodily injuries, as well as, if necessary, through informing the relevant authorities (CPT/Inf (93) 12-part).
5. During the study of medical documentation, it was established that in the outpatient medical records (Form No. 025/o), photographs of existing bodily injuries are not added to the compiled certificates, as provided for by paragraph 3 of Section I, Chapter II of the Procedure. At the same time, the Committee in its report following the visit to Ukraine in 2023 notes that any traumatic injuries discovered during a medical examination must be photographed in detail, and the photographs, along with diagrams of the body, must be stored in the individual medical record of the person (CPT/Inf (2024) 20, paragraph 82).
6. In the medical unit, the conduct of opioid substitution maintenance therapy (hereinafter — SMT) for persons with mental and behavioural disorders due to opioid use has not been organised in accordance with the ‘Procedure for conducting opioid substitution maintenance therapy for persons with mental and behavioural disorders due to opioid use’, approved by the order of the Ministry of Health of Ukraine dated 27.03.2012 No. 200.
Drug-dependent persons are not provided with socio-psychological support, cognitive-behavioural therapy (CBT), relapse prevention, motivational interviewing, mutual-aid groups, etc. Thus, these persons are deprived of the opportunity to receive SMT, which violates their right to choose 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 following the visit to Ukraine in 2023 notes that being in a penitentiary 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. Thus, appropriate medical service must be available in all institutions.
The assistance offered to such persons must be diverse; substitution therapy programmes for persons with drug dependence must be combined with genuine psychosocial and educational programmes for persons with opioid dependence who are unable to stop using drugs.
Furthermore, access to SMT programmes in institutions must be easily accessible, and they must also be managed by penitentiary doctors who must undergo special training in matters related to drug use (CPT/Inf (2024) 20, paragraph 86).
7. Dispensary observation is carried out for 35 persons with disabilities. Of them: Group I — 1 person, Group II — 6 persons, Group III — 28 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 given the availability of information confirming a persistent violation of the functions of the body caused by diseases and the consequences of injuries, which causes a limitation of normal vital activity.
Thus, during the study of the medical documentation of the convicts, it was established that 5 persons with disabilities lack an individual rehabilitation programme (hereinafter — IRP). Furthermore, the recommendations of the IRP are not fulfilled, in connection with which they do not receive proper diagnostic, treatment, and rehabilitation measures.
8. In violation of the requirements of the State Building Norms of Ukraine V.2.2-17:2006 ‘Buildings and structures. Accessibility of buildings and structures for low-mobility groups of the population’, no conditions have been created in the medical unit for the maintenance of 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 the Licensing Conditions for the conduct of economic activity in medical practice’, there is no conclusion in the medical unit confirming free access to the buildings and premises of the medical institution for low-mobility groups of the population, the receipt of which is mandatory.
10. In violation of the requirements of the ‘Norms of ownership of bedding, special clothing, and special footwear (inventory property) for convicts undergoing treatment in medical-preventive institutions, institutions with the rights of medical ones, and in medical units at penitentiary institutions and pre-trial detention centres’, approved by the order of the Ministry of Justice of Ukraine dated 20.02.2012 No. 280/5, convicts do not receive hospital property (hospital suit, robe, and slippers). They stay in the inpatient ward in casual clothing, sometimes with their own bedding.
11. In violation of the Procedure for organising medical assistance at the primary, secondary (specialised), and 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 personnel of the medical unit, due to technical limitations, are deprived of the opportunity to send requests for telemedicine consultations and to receive professional assistance for the provision of medical services to convicts.
12. In violation of the requirements of the Table of outfitting with equipment of 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, there is no dental X-ray machine in the medical unit, which makes it impossible to conduct an in-depth dental examination of convicts and does not ensure the timely provision of proper dental care.
13. In violation of the requirements of the tenth paragraph of paragraph 2 of Section XVII of the IPI regulations, a convict who performs the function of a duty orderly stays in the medical unit’s inpatient ward round-the-clock. During confidential communication with convicts who were undergoing treatment in the inpatient ward, the monitoring group established that various jobs are entrusted to him, including caring for the seriously ill, cleaning the premises; it also turned out that he occupies a sleeping place in one of the inpatient wards. The aforementioned violates Article 96 of the Criminal Enforcement Code of Ukraine.
At the same time, the Committee has repeatedly recommended stopping the practice of using convicts as assistants in medical units and as orderlies (Committee report following the 2005 visit to Ukraine, paragraph 132. CPT/Inf (2007) 22; in 2013, paragraph 151. CPT/Inf (2014) 15; in 2017, paragraph 86. CPT/Inf (2018) 41).
14. In violation of the requirements of part one and two of Article 115 of the Criminal Enforcement Code of Ukraine, the majority of the inspected ward premises require renovation work, in particular, the installation of new windows, the replacement of sanitary-technical equipment, and the renewal of the electrical grid. Bedding, pillows, and mattresses also require replacement. The toilets are not equipped with flush toilets and do not have doors and sufficient partitions that ensure the possibility of 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 premises are not equipped with drinking water tanks. Furthermore, a violation of living area norms provided for the detention of convicts in inpatient wards of healthcare institutions was established, according to which the area per person must be at least 5 m². In particular, in ward No. 4 for the treatment of somatic patients, in which 3 beds are placed and 3 persons were staying, the total area of the premises is 9.0 m², which effectively ensures only 3.0 m² per person, which is a violation of the defined standards.
15. In violation of paragraph 9 of the Rules for the application of physical restraint and (or) isolation when providing psychiatric assistance 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 established regulatory requirements.
The area of the premises is less than 7 m², and the distance between the walls is less than 2 metres. Furthermore, the premises are not equipped with a sink and a toilet, which deprives persons of unobstructed access to sanitary-hygienic means; there are no tanks with drinking water; ventilation is not provided, which contradicts both sanitary norms and standards of humane treatment of persons who need medical help.
16. In violation of the Measures and means for preventing infection when caring for patients, approved by the order of the Ministry of Health of Ukraine dated 03.08.2020 No. 1777, only one isolation ward for infectious patients is equipped in the medical unit, which makes it impossible to simultaneously place patients with dangerous infectious diseases separately from each other and from other convicts.
17. There is no hot water supply in the doctors’ offices; the workplaces of medical staff do not meet the requirements of current legislation and violate Article 19 of the Law of Ukraine ‘Fundamentals of the Legislation of Ukraine on Healthcare’, as well as Article 13 of the Law of Ukraine ‘On Occupational Safety’.
18. In violation of the Fire Safety Rules in Ukraine, approved by the order of the Ministry of Internal Affairs of Ukraine dated 30.12.2014 No. 1417 (hereinafter — Rules), the premises of the medical unit are not equipped with fire extinguishing systems and fire alarms.
Recommendations:
1. Ensure the bringing of the QDD and DIW/CTP premises into compliance with the requirements of national legislation and international standards (Mandela Rules, European Prison Rules, CPT).
2. Ensure proper sanitary-hygienic conditions: a sufficient number of toilet cabins, shower cabins with equipment, ventilation, protection against moisture and mould.
3. Install full partitions in cell sanitary facilities, ensure sufficient natural and artificial lighting, and access to drinking water.
4. Ensure the functioning of radio broadcasting in cells in accordance with the IPI regulations.
5. Develop and approve by order a programme for familiarising new arrivals with the order and conditions of serving sentences, as well as create a full-fledged working group for the organisation of QDD work.
6. Stop the practice of signing blank orders in advance for the release of convicts for work; maintain primary documentation in accordance with Art. 9 of the Law of Ukraine ‘On Accounting’.
7. Ensure accurate hourly accounting of convicts’ working time in time sheets and round logs with indication of surnames, hours of work, and breaks.
8. Stop the practice of excessive duration of work shifts (15–19 hours) and night work without justification of production necessity.
9. Comply with the requirements of Art. 50–54 of the Labour Code of Ukraine regarding the duration of working time and rest.
10. Ensure the conduct of occupational safety briefings and record them with the signatures of convicts.
11. Organise proper bath and laundry services: restore ventilation, implement regular disinfection and disinsection, ensure privacy in showers.
12. Ensure the availability of a cloakroom in the canteen to comply with sanitary norms.
13. Stop the practice of open carrying of special equipment by staff in premises where convicts are present.
14. Take measures to staff the institution in accordance with standards. Ensure the training of staff on human rights and communication with convicts.
15. Develop mechanisms for real access of convicts to the Internet in accordance with Part 7 of Art. 110 of the Criminal Enforcement Code of Ukraine (tablets, Wi-Fi).
16. Ensure independent control over compliance with the labour rights of convicts, including documentation and payment of wages.
17. Carry out the conclusion of employment contracts only on grounds determined by legislation; apply fixed-term agreements only in cases provided for by Art. 23 of the Labour Code.
18. Exclude the practice of template applications for work and ensure the individual expression of will of each convict.
19. Ensure the payment of salary at a rate not lower than the minimum, with confirmation by the signature of the recipient. Stop excessive deductions that contradict ILO Convention No. 95.
20. Bring the working conditions of convicts closer to standard labour relations in accordance with Art. 118–120 of the Criminal Enforcement Code and paragraph 97 of the Mandela Rules.
21. Take measures aimed at eliminating identified human rights violations and preventing torture, other cruel, inhuman or degrading treatment and punishment in Medical Unit No. 49 of the branch of the State Institution ‘Centre for Healthcare of the State Criminal-Enforcement Service of Ukraine’ in the Cherkasy and Kirovohrad regions.
22. Provide the medical unit with specialist doctors in accordance with needs.
23. Ensure control over proper maintenance of medical documentation in accordance with the Procedure for organising the provision of medical assistance to convicts sentenced to deprivation of liberty, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 15.08.2014 No. 1348/5/572, and other regulatory legal acts.
24. Ensure the possibility of receiving substitution maintenance therapy on the basis of a diagnosis of mental and behavioural disorders due to opioid use.
25. Ensure the conduct of individual rehabilitation for persons who need it.
26. Ensure the accessibility of the institution’s buildings in accordance with the State Building Norms of Ukraine V.2.2-17:2006 ‘Buildings and structures. Accessibility of buildings and structures for low-mobility groups of the population’.
27. Ensure the proper operation of the telemedicine complex for requests by doctors for telemedicine consulting.
28. Ensure the receipt of informed consent from patients for examination and treatment in the established form.
29. Ensure timely and proper recording of bodily injuries in convicts.
30. Stop the practice of using convicts as assistants in medical units and the institution.
31. Provide the medical unit with necessary diagnostic equipment, including a dental X-ray machine.
32. Ensure the conduct of urgent repair works in ward premises, update sanitary-technical equipment, bedding, and ensure compliance with the requirements of hygiene, privacy, and access to drinking water.
33. Ensure the equipment of the necessary number of isolation wards for infectious patients.
34. Ensure compliance with the established norm of area calculated per one convicted person in accordance with the requirements of Art. 115 of the Criminal Enforcement Code of Ukraine.
35. Ensure the equipment of the isolation ward for persons with mental and behavioural disorders in accordance with requirements.
36. Provide the medical unit with hospital property (suit, robe, and hospital slippers).
37. Bring the working conditions of medical personnel into compliance with the requirements of legislation in the field of healthcare and occupational safety.
38. Equip a fire protection system in accordance with established requirements.