Report on the Results of a Monitoring Visit to the Mykolaiv Remand Prison

On 09.09.2025, 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 Criminal Executive Code of Ukraine — “Visiting penal institutions”, a group of monitors from the Kharkiv Human Rights Protection Group and the NGO “Protection for Prisoners of Ukraine” carried out a visit to the state institution “Mykolaiv Remand Prison” (remand prison, institution, facility).

The scheduled visit was carried out without prior notice; all facilities of the institution were examined. During the preparation for the visit, the monitors used materials from complaints by prisoners/convicts and their relatives, as well as the report of the monitors of the National Preventive Mechanism under the Commissioner for Human Rights of the Verkhovna Rada of Ukraine (NPM). The visit was conducted within the framework of the project “Reducing the Suffering of Prisoners in the Context of the War in Ukraine”, funded by the government of Denmark in partnership with DIGNITY (Danish Institute Against Torture).

The visit was carried out by the following monitors:

• Andrii Didenko — assistant to People's Deputy of Ukraine Yaroslav Yurchyshyn, programme coordinator of the Kharkiv Human Rights Protection Group, NPM monitor, member of the NPM coordination council, monitoring visit experience since 2014;
• Serhii Zuikov — assistant to People's Deputy of Ukraine Kostiantyn Kasai, member of the public council under the Ministry of Justice of Ukraine, NPM monitor, member of the non-governmental organisation “Protection for Prisoners of Ukraine”, has many years of experience in monitoring visits;
• Artemii Shumnyi — journalist of the news agency “Protection for Prisoners of Ukraine / PROTECTION FOR PRISONERS OF UKRAINE”, lawyer of the Kharkiv Human Rights Protection Group, NPM monitor.

During the monitoring visit to the state institution “Mykolaiv Remand Prison”, both systemic human rights violations and examples of proper organisation of the institution's work, which deserve recognition, were recorded.

Positive practices include capital and routine repairs of cell blocks, the canteen, sports halls, library, rooms for long-term and short-term visits, the arrangement of psycho-emotional relaxation rooms, premises for dining, as well as improvements in working conditions for staff. The institution has created a separate room for housing pregnant women and women with children, implemented IP-telephony for convicts, and work continues on updating residential and service premises.

At the same time, the monitoring team identified a number of systemic problems related to the overcrowding of cells and insufficient living space, unsanitary conditions, lack of privacy in sanitary facilities, ineffective ventilation, inadequate separation of prisoners, and excessive use of video surveillance. Significant violations were recorded in the area of medical care, disinfection measures, accessibility of medical assistance, and the registration of bodily injuries, which creates risks of violating Articles 3 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Special attention was paid to the issues of labour and social protection of convicts left for facility maintenance. Work is officially registered, but is accompanied by a number of violations: the use of fixed-term contracts for permanent work, the lack of payment of the Single Social Contribution (SSC), a low level of actual remuneration (as of August 2025), and gaps in occupational safety.

Thus, despite the administration’s efforts to improve the material base, the conditions of detention, the organisation of labour, and medical care in the institution require significant improvement to bring them into compliance with the Constitution of Ukraine, the Criminal Executive Code of Ukraine, the Labour Code of Ukraine, the Mandela Rules, the European Prison Rules, and the recommendations of the European Committee for the Prevention of Torture (CPT).

General Information

The institution performs the functions of a remand prison. The facility houses persons accused of committing criminal offences and for whom a preventive measure — detention in custody — has been chosen by a court decision.

The facility is located at the following address: 5 Laherne Pole St., Mykolaiv, 54030.

The head of the institution is Colonel of the Internal Service Serhii Mykolaiovych Shamshura.

In March 1974, a remand prison was created on the basis of a municipal prison in the city of Mykolaiv. At that time, persons sentenced to long-term imprisonment were transferred to another institution. Subsequently, in accordance with the order of the State Department of Ukraine for the Execution of Punishments dated 29.11.1999, the institution was officially renamed to its current name.

The facility consists of a duty unit, a reception ward, a canteen, cells for holding male, female, and juvenile detainees, a maximum-security sector for life-sentenced prisoners, transit cells, a facility maintenance unit, disciplinary cells (punishment cells), a medical unit, a bath and laundry complex, visiting rooms, a shop, a library, a room for receiving parcels, as well as administrative premises.

According to the institution's administration, the established staffing level is 251 positions. The actual number is 212.5 positions, meaning there is a shortage of 38.5 employees. The planned capacity of the facility is 832 persons. The actual number of persons held in the institution is 741 detainees and 52 convicts.

There are 135 cell premises in the institution, of which 129 are in use and 6 are under repair. One psychologist is on staff.

During 2025, 1,520 persons arrived at the facility. In 2024, 5 persons died, and in 2025, 7. Thirteen persons have been employed under employment contracts. 46 persons are registered with HIV/AIDS. On the operational-preventive register are: 1 convict prone to suicide, 20 detainees and 3 convicts prone to self-harm, and 2 detainees who are malicious violators of the detention regime.

During 2024, 2 complaints were recorded regarding improper provision of medical care and 1 complaint regarding detention conditions. During 2025, 3 complaints were recorded regarding improper provision of medical care and 1 complaint regarding improper detention conditions. Among the persons held in the institution, 4 detainees and 2 convicts have group II disability, and 12 detainees and 1 convict have group III disability. Convicts have 15 tablets for their personal use.

During 2024, 45 cases of bodily injuries upon arrival and 7 cases during the stay in the institution were recorded; in the current year, 2025, there were 62 cases of bodily injuries upon arrival and 6 during the stay.

During the monitoring visit, the monitoring group interviewed approximately 216 people from among the detainees and convicts. The interviews were conducted both during cell visits and as part of general conversations, providing consultations, answering questions, and discussing issues related to possible human rights violations. Individual conversations were held separately with convicts, including on the condition of anonymity.

It is worth noting that the institution's administration generally reacts adequately to complaints from detainees and convicts regarding the actions or inactions of officials. In addition, the administration does not hide cases of human rights violations, which indicates a certain openness and transparency in its activities, as well as an appropriate level of response to remarks.

Positive Experience

During the monitoring visit, a number of examples of the proper organisation of the work of the state institution were recorded, as well as good practices that deserve recognition and can be recommended for further dissemination in other places of deprivation of liberty. These examples testify to the administration's desire to create decent conditions of detention, ensure effective interaction with detainees and convicts, as well as compliance with the requirements of national legislation and international standards in the field of treatment of people deprived of their liberty.

Repair work is ongoing in the institution, while a number of capital repairs have already been carried out in cell premises, sports halls, exercise yards, enhanced-comfort cells, the dining room, the room for housing pregnant women and women with children, psycho-emotional relaxation rooms for convicts and persons taken into custody, corridors of the housing blocks, and rooms for providing IP-telephony.

In addition, rooms for visits — both long-term and short-term — the canteen premises, the library, and the psychologist's reception room have been renovated and organised. Also, a set of measures has been taken to improve working conditions for personnel. In particular, the rooms for receiving parcels, video surveillance premises, the assembly hall for staff, the dining rooms for facility staff, as well as rest rooms for male and female employees have been updated. Repair work is still ongoing at individual facilities of the institution. (photo 13)

Detected Violations of National and International Legislation

1. During the monitoring visit to the institution, a number of systemic violations were recorded, including non-compliance with the legally established standards of living space provided for the detention of persons taken into custody in cell premises, as well as other facts indicating inadequate detention conditions for prisoners. Such conditions can be regarded as inhuman or degrading treatment and create a risk of new applications being filed against Ukraine to the European Court of Human Rights for violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In particular, in violation of Article 11 of the Law of Ukraine “On Pre-trial Detention” and Rules 13 and 21 of the Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), there were two persons in cell No. 207, whereas according to the act of measuring the area of the premises of the institution’s structural units, this cell is designed to hold only one person. The area of the room according to the act is 3.3 m². Thus, the actual living area per prisoner was only 1.65 m², which does not meet the minimum standard of 2.5 m² defined by legislation for persons taken into custody. Similar violations were recorded in cell premises Nos. 211, 504, 505, 509, 511.

Paragraph 13 of the 7th General Report of the European Committee for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee) states that the problem of overcrowding of cell premises leads to unhygienic conditions of detention, a constant lack of privacy, and excessive burden on medical services and institutional infrastructure. The Committee concluded that as a result of overcrowding, inhuman or degrading conditions of prisoner detention are often created (CPT/Inf (97) 10).

In addition, the Committee's report on the results of the visit to Ukraine in 2023 (CPT/Inf (2024) 20, paragraph 38) once again emphasises the need for the Ukrainian authorities to take concrete measures, in accordance with previously provided recommendations, to review existing legal norms regarding the minimum living space for persons taken into custody. The Committee insists that such an area should be at least 4 m² per person in cells designated for collective detention, excluding the area occupied by toilet facilities.

2. During a visit to cell No. 215, where two female detainees were held, it was established that this room does not meet the requirements of Article 11 of the Law of Ukraine “On Pre-trial Detention”, paragraph 1 of point 1 of Chapter 4 of Section IX of the Internal Rules of Remand Prisons of the State Criminal Executive Service of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5 (hereinafter — Internal Rules for Remand Prisons), as well as Rules 13, 15, 17, and 21 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules).

During the inspection of cell No. 215, the monitoring team recorded a number of significant violations. In particular, the sanitary unit in the cell is not equipped with a proper water flushing system. There are no partitions and doors that would ensure privacy, which is a direct violation of the requirements of Rule 19.3 of the European Prison Rules. There is a persistent unpleasant odour in the room.

An unsanitary state was recorded: the sanitary unit is in a neglected state — old, destroyed, clogged with food residues and trash, effectively unfit for its intended use. The floor is dirty, and the cell lacks basic conditions for cleaning. Bedding, mattresses, and other household items are in an unusable condition and need complete replacement. Such a state creates significant health risks for prisoners, in particular, it contributes to the spread of infectious diseases, the deterioration of sanitary-hygienic conditions, and a general decrease in the level of safety.

During the measurement of the cell's area, it was established that the distance between the walls is less than 2 m. Due to the excessive grilles on the windows, proper natural lighting is not provided in the room. This is a violation of Rule 22.5 of the European Prison Rules, as well as the requirements of the “Norms for providing furniture, inventory, and household items for remand prisons”, approved by the order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5.

The cell premise is also not equipped with a drinking water tank, as a result of which prisoners are forced to consume technical water from the central water supply system, which is a violation of sanitary standards.

3. In paragraph 59 of the 21st General Report of the European Committee for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee), it is emphasised that any cell with an area of less than 6 m² cannot be used for holding prisoners (CPT/Inf (2011) 28).

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

At the same time, the monitoring group established facts of the use of cell premises Nos. 207, 209, 401, 405, and 406, the area of which, according to the acts of measuring the premises of the structural units, is less than 6 m², which contradicts the mentioned international standards. In addition, during the direct measurement by the monitoring group, it was established that the distance between opposite walls in premises Nos. 104, 108, 110, 113, 209, 210, 211, 215, as well as in premises Nos. 4 and 5 of the reception ward, is less than 2 m.

4. In violation of Article 8 of the Law of Ukraine “On Pre-trial Detention” and point 17.2 of the European Prison Rules, monitors established cases of violation of the requirements regarding the separate detention of prisoners. Thus, during a selective check, it was established that in cell premises Nos. 122, 201, 203, 204, 205, 508, and 516, persons who had previously served sentences in places of deprivation of liberty were held together with persons who were being held criminally liable for the first time.

The above indicates systemic failure by the institution's administration to comply with requirements regarding ensuring proper control over the placement of prisoners, which does not correspond to the principles of dynamic security and leads to a violation of prisoners' rights to personal safety. This contradicts both 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 meet the requirements of the “Norms for providing furniture, inventory, and household items for remand prisons”, approved by the order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5 (hereinafter — Provision Norms), as well as Rules 13, 15, and 22.2 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules).

Thus, the reception ward lacks the following premises: a room for the regime and security department; a room for processing documents; a photo laboratory; a room for storing the exchange fund of bedding and clothing; a storeroom for temporary storage of dirty bedding and clothing; a hairdresser’s; a room for undressing; a reception area for the disinfection chamber; a shower room; a room for dressing; a quarantine cell; a cell for the sick (isolation cell).

The absence of a quarantine cell and an isolation cell in the reception ward creates conditions for the spread of infectious diseases among newly arrived persons, increases the risk of epidemiological outbreaks, and complicates the timely detection and isolation of the sick, which can pose a threat to both the prisoners and the institution’s staff.

Natural light does not reach reception ward premises Nos. 4 and 5 due to the absence of windows, which creates additional psychological pressure on prisoners due to the lack of any, even visual, contact with the external environment. At the same time, paragraph 30 of the 11th General Report of the European Committee for the Prevention of Torture (CPT/Inf (2001) 16) states that security measures should never involve depriving prisoners of access to natural light and fresh air, as this is a basic right of every prisoner. The lack of sunlight and fresh air also creates conditions favourable for the spread of diseases, in particular tuberculosis.

The supply-and-exhaust ventilation is not working in the premises. The sanitary units do not have sufficient partitions that would ensure the possibility of privacy, which is a violation of the requirement of Rule 19.3 of the European Prison Rules. Contrary to the requirements of Rule 22.5 of the same rules, the tanks for drinking water are not filled with clean drinking water, which is why prisoners and convicts are forced to consume technical water from the central water supply system.

During the measurement of the area of the mentioned premises, it was established that the distance between the walls is less than 2 m, which also does not meet the Committee’s recommendations.

6. In the search room of the reception ward, the monitoring group recorded an installed video surveillance camera. At the same time, according to point 8 of Section VII of the “Procedure for using technical surveillance and control equipment in correctional and educational colonies of the State Criminal Executive Service of Ukraine”, approved by the order of the Ministry of Justice of Ukraine dated 26.06.2018 No. 2025/5 (hereinafter — Procedure for using technical surveillance and control equipment), the use of video cameras and portable video recorders is prohibited in premises (cells) where medical examinations (checks) of convicts are carried out, personal searches with undressing, as well as in the wards of medical units.

7. The monitoring group established that the medical examination of newly arrived persons is carried out not in the doctor's office of the reception ward, but in the medical unit, and under conditions that do not ensure an adequate level of privacy and confidentiality. In particular, during the examination, an employee of the institution was present who carried out video recording using a body-worn video recorder.

The above indicates that institution staff obtained confidential information regarding the state of health of these persons during the medical examination, which violates the requirements of point 8 of Section VII of the Procedure for using technical surveillance and control equipment, which prohibits the use of video cameras and portable video recorders in premises where medical examinations (checks) of convicts are conducted, personal searches with undressing, as well as in the wards of medical units; point 7 of Chapter 2 of Section X of the Internal Rules for Remand Prisons; Article 39¹ of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” regarding the right of persons to the confidentiality of health status; as well as point 9 of Section I of the “Procedure for organising the provision of medical assistance to convicts sentenced to imprisonment”, 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).

8. In the cell premises, violations of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to respect for private life, were detected. In particular, the sanitary units in individual cells are not equipped with partitions or doors that ensure the possibility of privacy, which violates Rule 19.3 of the European Prison Rules (Nos. 207, 209, 210, 211, 212, 213, 214, 215, 401, 405, 406, 504, 505, etc.).

Contrary to the requirements of Article 11 of the Law of Ukraine “On Pre-trial Detention” and point 2 of Chapter 3 of Section IX of the Internal Rules for Remand Prisons, prisoners are not provided with adequate material and living conditions that meet sanitation and hygiene rules. In particular, in cell premises, prisoners are forced to wash and dry clothes, which indicates the improper organisation of bath and laundry services. Some cells require repair with the replacement of sanitary equipment and electrical networks.

There is an unpleasant odour in the premises, unsanitary conditions are recorded, excessive dampness and mould are observed on ceilings and walls due to water leaks, and there is significant clutter with personal items. Bed linen and mattresses are in an unsatisfactory condition and need replacement. Disinfestation measures taken by the institution’s administration are insufficient: prisoners complained about the presence of bed bugs and cockroaches in the cells, demonstrating traces of bites on their bodies.

At the same time, the report of the Committee on the results of the visit to Ukraine in 2023 states that the Ukrainian authorities must take additional measures to improve the material and living conditions of detention. In particular, it is necessary to reduce the occupancy of cells in such a way that there is at least 4 m² of living space per person taken into custody (excluding the area of the toilet); all places for the placement of convicts and persons taken into custody, including sanitary facilities, must be kept in a proper state of repair and hygiene; disinfestation measures must be carried out regularly; sufficient access to natural light and ventilation must be ensured; internal sanitary facilities must be fully equipped with partitions (from floor to ceiling) (CPT/Inf (2024) 20, paragraph 58).

9. The exercise yards of the regime block No. 5 are not equipped with sufficient shelter from atmospheric precipitation and require repair work. At the same time, paragraph 48 of the Second General Report of the European Committee for the Prevention of Torture (CPT/Inf (92) 3) states that the daily time spent in the fresh air must take place in an area of sufficient size, which must be, as far as possible, equipped with shelter in case of adverse weather conditions.

10. In the maximum-security sector, there is no doctor's office for the outpatient reception of patients, which contradicts the requirements of the Provision Norms and creates obstacles to the timely provision of medical care to persons held there. In addition, the ward lacks premises for educational work and for the performance of religious rites, which violates the requirements of point 3 of Chapter 5 of Section VIII of the Internal Rules for Remand Prisons and the Provision Norms.

11. The institution's administration has not fully ensured the right of convicts to access the Internet, and the procedure for its provision only partially meets the established requirements. In particular, on the territory of the unit for convicts left for facility maintenance work, there are no conditions for exercising the right to access the Internet, provided for by part seven of Article 110 of the Criminal Executive Code of Ukraine, through the use of tablets. The Wi-Fi access point on the unit’s territory is not working.

12. Point 4 of Chapter 2 of Section III of the Internal Rules for Remand Prisons defines that in order to prevent escapes and the commission of criminal offences, violations of the procedure for detention and serving of sentences established by legislation, as well as to ensure the safety of detainees, convicts, remand prison staff, and other persons on the territory of the institution, audiovisual, electronic, and other technical means are used. During the inspection of individual cell premises, installed video surveillance cameras were recorded.

At the same time, in its 2012 report, the European Committee for the Prevention of Torture (CPT/Inf (2013) 23, paragraph 52) criticised excessive interference in privacy through the placement of video cameras in the living premises of convicts. The Committee notes that video surveillance can be useful only in exceptional cases, for example, if a person has a tendency to self-harm, suicide, or there are specific suspicions regarding actions that pose a threat to safety.

However, the application of such measures must be based on an individual risk assessment and be regularly reviewed. Excessive or prolonged video surveillance is a significant interference in the private life of prisoners and makes the regime more repressive.

13. During a visit to the punishment cells, it was established that, in violation of point 4 of Section IV of the “Procedure for using technical surveillance and control equipment”, they are not equipped with staff call buttons, which complicates operational contact between convicts and institution staff. In the cell premises, there is an insufficient level of natural lighting. Sanitary units do not have sufficient partitions that guarantee privacy, which is a violation of Rule 19.3 of the European Prison Rules. In addition, there is no radio broadcasting in the punishment cells, which contradicts point 2 of Chapter 3 of Section VIII of the Internal Rules for Remand Prisons.

14. The monitoring group established a number of violations in the organisation of bath and laundry services for convicts and detainees. During communication with persons taken into custody and convicts, it was established that women in custody are able to take a shower only once a week, which contradicts the requirements of Rule 19.4 of the European Prison Rules and point 3.2 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 dated 08.06.2021 No. 849/5 (hereinafter — Regulations).

In violation of point 2.11 of Section II of the Regulations, the supply-and-exhaust ventilation in the shower of regime block No. 5 is not working. Contrary to the requirements of Rule 19.3 of the European Prison Rules, the right to privacy in the shower room is not ensured due to the absence of curtains on the shower partitions.

In addition, in violation of point 3.19.1 of Section III of the Regulations, the sanitary processing of convicts is not carried out in full. In particular, disinfection (destruction of pathogenic microorganisms) and disinfestation (destruction of insects and mites — vectors of infectious diseases) of sheets, pillowcases, towels, and blankets are not carried out in the disinfection chamber. Only pillows and mattresses are subject to processing, as evidenced by the corresponding entry in the log of disinfection (disinfestation) of clothing and bedding.

15. During the visit, the monitoring group recorded that the institution’s personnel who are in direct contact with convicts openly carry special means, in particular rubber batons. At the same time, according to paragraph eight of point 8 of Chapter 1 of Section V of the Internal Rules for Remand Prisons, the carrying of special means by personnel on protected territory should be, if possible, as hidden as possible from others.

The Committee also recommends that prison staff who work in direct contact with prisoners should not carry special means (in particular rubber batons, handcuffs, and pepper spray) openly in front of prisoners. Such carrying hinders the establishment of normal relations between staff and prisoners (CPT/Inf (2011) 29, paragraph 85; CPT/Inf (2013) 23, paragraph 23; CPT/Inf (2014) 15, paragraph 166).

16. According to official documentation, the shortage of personnel in the institution as of 09.09.2025 is 38.5 units. In the report to the Government of Ukraine following the 2023 visit, the Committee emphasises that creating a positive climate in penal institutions requires the presence of a professional team of staff in sufficient numbers at all times in places of detention. An insufficient number of employees increases the risks of violence and intimidation between convicts, as well as reduces the quality of resocialisation programmes, preparation for release, and social adaptation.

The Committee calls on the Ukrainian authorities to take decisive measures to significantly increase the number of staff in penal institutions, in particular to staff security and surveillance services to strengthen the presence of staff inside the institutions. It is also necessary to cancel the practice of 24-hour shifts, which increase the risks of staff exhaustion (CPT/Inf (2024) 20, paragraph 93).

17. The institution has a facility maintenance unit, where convicts are involved in work related to ensuring the life of the facility — cleaning, cooking, laundry, work in the boiler room, and maintenance of engineering networks. Labour is registered on the basis of individual orders for assignment and fixed-term employment contracts, concluded in accordance with Article 89 of the Criminal Executive Code of Ukraine and the order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5.

The studied orders for 2023-2025 and employment contracts confirm the existence of official registration — positions, scope of duties, responsible persons, work schedule, and provision of work clothing are defined. At the same time, the use of fixed-term employment contracts for work of a permanent nature (cook, boiler room operator, cleaner, disinfector) is legally unjustified.

According to Article 23 of the Labour Code of Ukraine, a fixed-term contract is allowed only for temporary work or at the request of the employee. The labour of convicts in facility maintenance is continuous and lasts as long as they are in the institution.

Thus, the fixed-term form of the contract reduces the stability of labour guarantees and creates risks of abuse by the administration. The payroll for August 2025 shows that convicts involved in work received from 7,348 UAH of accrued amounts to 400-900 UAH of actual payment after deductions (depending on the position). No data on the payment of the Single Social Contribution (SSC) were found, which means the absence of insurance service and social guarantees.

Thus, the existing remuneration system only partially meets the requirements of Articles 121-122 of the Criminal Executive Code of Ukraine and Article 95 of the Labour Code of Ukraine. For example, convict Z. — kitchen worker, actual payment about 2,000 UAH; convict D. — disinfector, payment 1,979 UAH, missing record about safety training; convict D. — boiler room operator, accrued 7,348 UAH, actually paid 4,300 UAH; convict B. — kitchen worker, salary about 1,900 UAH; convict Zh. — cook, similar level of pay. These data for August 2025 demonstrate typical trends: a low level of actual remuneration, the absence of social insurance, and the use of fixed-term contracts without legal grounds.

The logs of medical examinations and occupational safety do not contain entries for all employees, which calls into question the proper observance of occupational safety requirements. Thus, in the remand prison, the labour of convicts is officially registered, but with a limitation of key social and labour guarantees. The fixed-term nature of the contracts, the absence of SSC, and the low level of actual wages indicate incomplete compliance with Articles 43 and 46 of the Constitution of Ukraine, Articles 118-122 of the Criminal Executive Code of Ukraine, and non-compliance with international standards — the Mandela Rules (§97), the European Prison Rules (Article 26), and ILO Conventions No. 29 and No. 105.

Mykolaiv Municipal Medical Unit of the Branch of the State Institution “Health Centre of the State Criminal Executive Service of Ukraine” in Mykolaiv and Odesa Regions

The head of the Mykolaiv Municipal Medical Unit of the branch of the State Institution “Health Centre of the State Criminal Executive Service of Ukraine” in Mykolaiv and Odesa Regions is Oleksandr Anatoliiovych Prykhodko.

The position remains vacant: dermatologist-venereologist (0.5 full-time unit).

During the monitoring visit, violations of the requirements of national legislation and non-compliance with international recommendations in the field of treatment of prisoners were detected, which lead to violations of the rights of convicted persons:

1. In violation of point 4 of Chapter 1 of Section X of the Internal Rules for Remand Prisons, approved by the order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5, the provision of inpatient medical care is not organised in the medical unit. This leads to restricted access for convicts and persons taken into custody to proper medical supervision and treatment in inpatient conditions, which can lead to deterioration of health, complications of chronic diseases, and increased health-related risks, violating their right to healthcare, guaranteed by Article 49 of the Constitution of Ukraine.

In addition, the above contradicts point 38 of the Committee’s recommendations, which states that medical services in places of deprivation of liberty must provide assistance at a level equivalent to civil medical institutions, including an appropriate staff of medical, auxiliary, and technical personnel, as well as appropriate premises, facilities, and equipment (CPT/Inf (93) 12-part).

2. During the study of medical documentation, it was established that photographs of bodily injuries are not added to the outpatient medical cards of form No. 025/o, as provided for by point 2.11 of Section II of the “Procedure for interaction of healthcare institutions of the SCES of Ukraine with healthcare institutions regarding the provision of medical assistance to persons taken into 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 — Procedure for interaction of healthcare institutions).

At the same time, the Committee’s report on the results of the visit to Ukraine in 2023 states that any traumatic injuries detected during a medical examination must be photographed, and the photographs, together with body charts, must be kept in the individual medical card of the person (CPT/Inf (2024) 20, paragraph 82).

3. According to point 2.11 of Section II of the Procedure for interaction of healthcare institutions, in case of detection of bodily injuries in a person taken into custody, a medical worker is obliged to immediately, but no later than within 24 hours from the moment of detection, notify the prosecutor and the remand prison administration about this by phone, e-mail, and in writing. If a person states that bodily injuries were caused by employees of the State Criminal Executive Service of Ukraine or other law enforcement agencies, the State Bureau of Investigation is additionally informed about such facts.

During the inspection, it was established that in the case of convict B., regarding whose bodily injuries an entry was made in the Journal of recording facts of detection of bodily injuries dated 30.07.2025, the prosecutor was not notified.

4. In violation of point 3 of the Instructions for filling out the form of primary accounting documentation No. 511/o “Certificate of recording bodily injuries”, approved by the order of the Ministry of Health of Ukraine dated 02.02.2024 No. 186, copies of the certificate of form No. 511/o are not attached to the outpatient medical card of form No. 025/o, but are kept separately.

The absence of proper recording of bodily injuries does not meet point 60 of the recommendations of the Third General Report of the Committee, where it is stated that medical services in places of deprivation of liberty must contribute to preventing violence against persons held in custody through the systematic registration of bodily injuries and, if necessary, informing the relevant authorities (CPT/Inf (93) 12-part).

5. During communication with medical staff and prisoners, it was established that medical staff have a systematic practice of conducting medical examinations upon arrival at the institution in the presence of non-medical personnel, namely employees. The above violates the requirements of Article 39¹ of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” regarding the right of persons to the confidentiality of health status and point 2.4 of Section II of the Procedure for interaction of healthcare institutions.

At the same time, the Committee criticises excessive security measures and considers such practices unacceptable, as they infringe on the dignity of prisoners, hinder the development of proper relations between medical staff and the patient, and, possibly, interfere with the establishment of an objective medical conclusion (Committee report on the results of the visit to Ukraine in 2012, paragraph 50, CPT/Inf (2013) 23).

6. In violation of the requirements of point 1 of Section II of the Standard of Infection Control for healthcare institutions providing assistance to tuberculosis patients, approved by the order of the Ministry of Health dated 01.02.2019 No. 287, the requirements regarding the isolation of tuberculosis patients are not observed in the medical unit. Wards are used for more than one or two persons (cell-ward No. 206 for 7 beds); doors to the wards are not equipped with a sealed threshold and seals along the edges; there is no exhaust mechanical ventilation system, etc.

7. The monitoring group established that when a prisoner is placed in a punishment cell, it is practiced to attach a medical certificate to the file, which contains information about the state of health and according to which the prisoner can be held in punishment cell conditions according to their health status. The detected facts testify that institution employees possess confidential information regarding the state of health of prisoners held in the punishment cell. The above violates the requirements of Article 39¹ of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” regarding the right of persons to the confidentiality of health status.

At the same time, the Committee has repeatedly emphasised that the obligation of prison doctors to certify the fitness of convicts to serve a disciplinary penalty is unlikely to contribute to the development of positive relations between doctor and patient. In principle, medical staff should never participate in any part of the decision-making process regarding the application of any type of solitary confinement, except in cases where this measure is applied for medical indications.

On the other hand, medical staff must be very attentive to the state of convicts who are in solitary confinement. Medical staff must be informed immediately about every such placement and must visit the convict immediately after placement, and then regularly, at least once a day, providing operational medical assistance and treatment as needed. Medical staff should inform the institution's administration if the health of the convict is under serious threat due to solitary confinement (CPT/Inf (2024) 20, paragraph 104).

8. In violation of point 4 of Chapter 1 of Section X of the Internal Rules for Remand Prisons, there is no equipped isolation ward for holding persons with mental disorders in the medical unit.

9. In violation of the Measures and means to prevent infection when caring for patients, approved by the order of the Ministry of Health of Ukraine dated 03.08.2020 No. 1777, point 4 of Chapter 1 of Section X of the Internal Rules for Remand Prisons, isolation wards for infectious patients are not equipped in the medical unit. This makes it impossible to isolate patients with dangerous infectious diseases from other patients and convicts.

10. Dispensary observation is carried out for 29 persons who have a disability. Of them: group I — 0 persons; group II — 6 persons; group III — 13 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 violation of bodily functions caused by diseases or consequences of injuries that cause a restriction of normal life activity.

During a selective check of the medical documentation of prisoners, it was established that 5 persons with disabilities lack an individual rehabilitation programme (hereinafter — IRP). In addition, the recommendations of the IRP are not implemented, in connection with which they do not receive proper diagnostic, treatment, and rehabilitation measures in the presence of information confirming a persistent violation of bodily functions caused by diseases or consequences of injuries that cause a restriction of normal life activity.

11. In violation of the requirements of the State Building Norms of Ukraine V.2.2-17:2006 “Buildings and structures. Accessibility of buildings and structures for low-mobility groups of the population”, conditions for housing people with disabilities have not been created in the medical unit.

12. In violation of point 37 of the Resolution of the Cabinet of Ministers of Ukraine dated 02.03.2016 No. 285 “On approval of Licensing conditions for carrying out economic activities in medical practice”, there is no conclusion in the medical unit confirming free access to buildings and premises of the medical institution for low-mobility groups of the population, which is mandatory to obtain.

13. In violation of the requirements of the Standards of medical care for chronic hepatitis C 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 (90 persons as of 09.09.2025), in connection with which they do not receive necessary treatment, which can lead to deterioration of their health and the spread of the mentioned infectious disease among convicted persons.

14. In violation of the Procedure for organising medical assistance at the primary, secondary (specialised), and tertiary (highly specialised) levels using telemedicine, approved by the order of the Ministry of Health of Ukraine dated 19.10.2015 No. 681, the medical unit staff is deprived of the opportunity to make requests for telemedicine consultation and receive consultations for providing medical assistance to detainees and convicts due to technical reasons.

15. In violation of the requirements of the order of the Ministry of Health of Ukraine dated 16.12.2003 No. 584 “On approval of Rules for storage and quality control of medicinal products in medical and preventive institutions”, facts of improper storage of medicinal products without observing the temperature regimes determined by the manufacturer were established. In particular, during the inspection of a first aid kit, a package of the medicinal product “Ascorbic Acid” was found, for which the maximum storage temperature should not exceed 8°C. Failure to comply with appropriate conditions can lead to a loss of effectiveness of medicinal products, which poses a risk to the life and health of patients.

16. In violation of point 6 of Chapter 3 of Section III of the Procedure, the log of results of undergoing a preventive medical examination, the form of which is given in Appendix 4 to the Procedure, is not maintained in the medical unit.

17. According to point 2.23 of Chapter 2 of the State Sanitary Rules and Norms “Hygienic requirements for the arrangement and operation of X-ray cabinets and conducting X-ray procedures”, approved by the order of the Ministry of Health of Ukraine dated 04.06.2007 No. 294, registered with the Ministry of Justice of Ukraine on 07.11.2007 under No. 1256/14523, it is forbidden to place equipment not provided for by the design documentation in procedural rooms.

At the same time, in violation of the mentioned requirements, extraneous equipment is stored in the X-ray cabinet. In addition, the premise is in an unsatisfactory technical state and requires major repairs. Such conditions do not ensure the safety of patients and may pose a threat to their life and health.

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. Ensure that the living area of cell premises is brought into compliance with the requirements of Article 11 of the Law of Ukraine “On Pre-trial Detention”.

2. Stop using cells with an area of less than 6 m² for holding persons taken into custody, and carry out stage-by-stage reconstruction or replanning of cells Nos. 207, 209, 401, 405, 406, 215, 211, 504, 505, 509, 511.

3. Ensure proper sanitary-technical condition of cells, the functioning of ventilation systems, regular disinfection, and replacement of bedding.

4. Equip all sanitary units in cells with partitions or doors that guarantee privacy.

5. Ensure the availability of drinking water tanks in all cells and separate household functions (washing, drying) from living quarters.

6. Conduct urgent disinfestation and disinfection of cell premises with the involvement of specialists and the use of certified preparations.

7. Eliminate the practice of joint detention of persons held criminally liable for the first time with persons who have previously served sentences, in accordance with Article 8 of the Law of Ukraine “On Pre-trial Detention”.

8. Complete the furnishing of the reception ward in accordance with the Norms for providing furniture, inventory, and household items: create a room for regime and security, a medical isolation ward, a quarantine cell, shower rooms, a hairdresser’s, and a storeroom for bedding.

9. Ensure supply-and-exhaust ventilation, natural lighting, access to drinking water, and privacy in sanitary units.

10. Prohibit the installation of video surveillance cameras in rooms for personal searches, medical examinations, and wards of medical units in accordance with point 8 of Section VII of the Procedure for using technical surveillance and control equipment (Ministry of Justice order No. 2025/5).

11. Equip a doctor’s office in the maximum-security sector for the outpatient reception of patients, as well as premises for educational work and religious rites.

12. Ensure medical examinations of newly arrived persons are conducted in a specially equipped office without the presence of security personnel, in compliance with the right to medical confidentiality.

13. Review the practice of concluding fixed-term employment contracts and introduce permanent employment contracts for work of a permanent type (cook, cleaner, boiler room operator, etc.) in accordance with Article 23 of the Labour Code of Ukraine.

14. Ensure full payment of the Single Social Contribution (SSC) and the maintenance of personalised records of the work experience of convicts.

15. Review the remuneration system, guaranteeing a minimum level of payment not lower than the state standard.

16. Ensure occupational safety training and medical examinations are conducted for all employees from among the convicts; maintain logs of their records.

17. Improve working conditions, in particular, ensure convicts are provided with work clothing, footwear, and personal protective equipment.

18. Restore the operation of the Wi-Fi access point in the unit for convicts left for facility maintenance and ensure the possibility of using tablets in accordance with part seven of Article 110 of the Criminal Executive Code of Ukraine.

19. Take measures to eliminate the shortage of personnel (38.5 units) by increasing the level of wages, improving service conditions, and attracting new staff.

20. Ensure a constant presence of personnel in the units and abandon the practice of 24-hour shifts.

21. Equip exercise yards with shelter from atmospheric precipitation and ensure sufficient area for prisoners to spend at least one hour a day in the fresh air.

22. Take measures aimed at eliminating the detected human rights violations and preventing torture, other cruel, inhuman, or degrading treatment and punishment in the Mykolaiv Municipal Medical Unit of the branch of the State Institution “Health Centre of the State Criminal Executive Service of Ukraine” in Mykolaiv and Odesa Regions.

23. Ensure control over the proper maintenance of medical documentation in accordance with the Procedure for interaction of healthcare institutions of the SCES of Ukraine with healthcare institutions regarding the provision of medical assistance to persons taken into custody, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 10.02.2012 No. 239/5/104, and the Procedure for organising the provision of medical assistance to convicts sentenced to imprisonment, 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, as well as other regulatory legal acts.

24. Staff the medical facility with specialist doctors in accordance with needs.

25. Ensure timely and proper recording of bodily injuries in convicts and detainees.

26. Ensure that medical examinations of newly arrived persons are conducted without the presence of non-medical personnel in order to comply with the right to medical confidentiality, preserve the dignity of prisoners, and prevent interference in the independence of medical conclusions.

27. Ensure all persons with suspected viral hepatitis C have access to PCR testing as soon as possible and organise necessary antiviral treatment for persons with a confirmed diagnosis.

28. Fulfill the requirements of point 37 of the Resolution of the Cabinet of Ministers of Ukraine dated 02.03.2016 No. 285 “On approval of Licensing conditions for carrying out economic activities in medical practice”.

29. Ensure the conduct of individual rehabilitation for persons who need it.

30. 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”.

31. Ensure the proper operation of the telemedicine complex for doctors to make requests for telemedicine consultation.

32. Equip an isolation ward for persons with mental and behavioural disorders in accordance with requirements.

33. Equip isolation wards for patients with dangerous infectious diseases to prevent their spread among other prisoners.

34. Ensure measures for the proper storage of medicinal products.

35. Ensure compliance with infection control measures in the medical unit.

36. Provide the medical unit with the necessary diagnostic equipment.

37. Ensure compliance with requirements for the isolation of tuberculosis patients in accordance with the Standard.

38. Stop the practice of doctors certifying the health status of convicts and detainees during their placement in a punishment cell.