Report on the results of the monitoring visit to the Khmelnytskyi Pre-trial Detention Centre
On 16 February 2026, 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 United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the decisions 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 of Prisoners of Ukraine” carried out a visit to the State Institution “Khmelnytskyi Pre-trial Detention Centre” (remand prison, institution, facility).
A planned, unannounced visit was carried out; the previous visit took place on 13 April 2023.
All of the institution’s facilities were inspected. During the preparation for the visit, the monitors used materials from appeals submitted by prisoners/convicts and their relatives, materials from previous visits, as well as a report by monitors from the National Preventive Mechanism (NPM) under the Commissioner for Human Rights of the Verkhovna Rada of Ukraine.
The visit was conducted within the framework of the project “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:
- Andriy Didenko — assistant to a People’s Deputy of Ukraine Yaroslav Yurchyshyn, programme coordinator of the Kharkiv Human Rights Protection Group, experience in monitoring visits since 2014, NPM monitor (National Preventive Mechanism), member of the NPM advisory council;
- Serhiy Zuykov — assistant to a People’s Deputy of Ukraine Kostiantyn Kasai, member of the public council under the Ministry of Justice of Ukraine, member of the NGO “Protection of Prisoners of Ukraine”, NPM monitor, with many years of experience in monitoring visits;
- Oleh Tsvilyi — member of the public council under the Ministry of Justice of Ukraine, head of the NGO “Protection of Prisoners of Ukraine”, has extensive experience in monitoring visits, specialising in issues of torture and cruel, inhuman treatment.
During the monitoring visit to the State Institution “Khmelnytskyi Pre-trial Detention Centre”, it was established that the administration has taken specific measures to improve conditions of detention, in particular by carrying out repair work in cell facilities and equipping a psycho-emotional relaxation room.
At the same time, numerous violations of the rights of prisoners and convicts were identified, including overcrowding in certain cells and the use of premises the area of which does not meet minimum standards, inadequate material, living, and sanitary-hygienic conditions, violations of requirements regarding separate detention, shortcomings in the work of the admissions unit, inadequate provision of drinking water, lack of privacy in sanitary facilities, insufficient natural light and ventilation, shortcomings in exercise yards, lack of a properly equipped shelter, systemic violations of labour rights and social protection, shortcomings in the organisation of medical care, infection control, psychiatric and psychological assistance, provision of treatment, accessibility for persons with disabilities, and staff shortages.
General information
The institution performs the functions of a pre-trial detention centre. The facility holds persons accused of committing criminal offences for whom a preventive measure in the form of detention in custody has been chosen by a court decision.
The facility is located at the address: 39 Kamianetska St., Khmelnytskyi, Khmelnytskyi region, 29000, Ukraine.
The head of the institution is Ruslan Serhiyovych Sukhorab.
The complex of buildings of the pre-trial detention centre was formed in the late 19th — early 20th centuries, when the territory of modern Khmelnytskyi (then Proskurov) was part of the Russian Empire. During that period, prison facilities were built in the city that corresponded to the concepts of isolation and control of the time, including characteristic massive walls, narrow windows, and a cell-based detention system.
Subsequently, the institution continued to function during the Soviet period as part of the USSR’s penitentiary system, undergoing partial restructuring and adaptations to new needs, but without significant modernisation of the main structures. After the declaration of Ukraine’s independence, the institution joined the national penal system and retained its functional purpose as a place of pre-trial detention.
A distinctive feature of the institution is that its architecture and planning largely reflect different historical eras — from the imperial period to the present day. This combination creates a kind of “architectural layer” of the history of the penitentiary system, while simultaneously causing a number of challenges related to the use of buildings that were not originally designed for modern standards of detention. Thus, the Khmelnytskyi Pre-trial Detention Centre is not only an active pre-trial detention facility but also a site with a long history, reflecting the evolution of approaches to the isolation and detention of persons in different historical periods.
The facility consists of a duty unit, an admissions unit, a catering block, cells for the detention of arrested men, women, and juveniles, a maximum-security sector for convicts sentenced to life imprisonment, transit cells, a facility maintenance unit, punishment cells, a medical unit, a bath and laundry complex, visitation rooms, a shop, a library, a room for receiving parcels, and administrative premises.
According to the institution’s administration, the authorised staff size is 192 positions. The actual number is 154 positions. The total staff shortage in the institution is 38 positions, of which 6 are mid-level and senior command staff, 28 are rank-and-file and junior command staff, and 4 are employees without special ranks.
The planned capacity of the facility is 467 persons. There are 81 cell units in the facility, 4 of which are under repair. One psychologist works in the institution.
In 2025, 4,897 persons arrived at the facility. In the same year, 2 persons died, and in 2026, 1 person. 13 persons were employed under employment contracts. The following were registered for operative-preventive supervision at the institution: prone to suicide — 6 persons, prone to self-harm — 22 persons, prone to escape — 2 persons, malicious violators of the detention regime — 0 persons, registered for HIV/AIDS — 8 persons.
In 2025, not a single complaint was received regarding inadequate conditions of detention or inadequate provision of medical care; in 2026, 1 complaint was received regarding inadequate provision of medical care.
Convicts have 9 tablets for their own use. In 2025, 82 cases of bodily injuries were recorded: 31 upon arrival and 51 during their stay in the institution. In the current year, 3 cases of bodily injuries have been recorded: 1 upon arrival and 2 cases during their stay in the institution.
The monitoring group interviewed about 125 prisoners and convicts during the visit to the cells and during general conversations, providing consultations, answering questions, surveying them on the subject of human rights violations regarding inadequate conditions of detention and inadequate provision of medical care, as well as conducting individual conversations with convicts, including on the condition of anonymity.
It is worth noting that the institution’s administration reacts adequately to complaints from prisoners/convicts regarding the actions/inaction of the administration. Furthermore, the administration does not conceal cases of human rights violations, which can be considered signs of openness and transparency, as well as proper, adequate response.
Positive experience
During the monitoring visit to the State Institution “Khmelnytskyi Pre-trial Detention Centre”, the presence of certain positive changes aimed at improving the conditions of detention for convicts and prisoners was established. In particular, in 2025, the administration of the institution carried out repair work in the cell facilities of the maximum-security sector. In addition, current and cosmetic repairs were carried out using in-house resources in a number of cell facilities, which indicates an attempt to maintain the housing stock in proper technical condition even under conditions of limited funding.
In 2024, a number of measures aimed at improving material and living conditions were also implemented. In particular, repairs and furnishing of cells in the admissions unit and the security block, designed for holding different numbers of persons, were carried out. Separately, the repair work in cell facilities, the living conditions in which, according to the administration, have been brought into compliance with international standards, is noted.
A positive practice is also the furnishing of a psycho-emotional relaxation room for convicts and prisoners, which indicates that the administration takes into account the needs for supporting the mental health of persons held in the institution. These measures generally indicate the institution administration’s intention to improve conditions of detention and gradually modernise the infrastructure of the pre-trial detention centre.
Violations of national and international legislation identified
During the monitoring visit, violations of national legislation requirements and non-compliance with international recommendations in the field of prisoner treatment were identified, which lead to violations of the rights of prisoners and convicts:
1. During the monitoring visit to the institution, a number of systemic violations were recorded, including non-compliance with the living space standards established by legislation for holding persons taken into custody in cell facilities, as well as other violations that indicate inadequate conditions of prisoner detention.
Such conditions can be regarded as cruel, inhuman, or degrading treatment or punishment and may lead to the filing of new applications against Ukraine to the European Court of Human Rights on the basis of a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Thus, in violation of Article 11 of the Law of Ukraine “On Pre-trial Detention” and Rule 13 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), 8 persons were in cell unit No. 24, whereas, according to the certificate of measurement of the area of the premises of the institution’s structural divisions, it is designed to hold only 7 persons (the area of the room according to the certificate is 18.4 m²).
Thus, the actual area per prisoner was only 2.3 m², which does not meet the minimum standard of 2.5 m² defined for persons taken into custody. In addition, in violation of Clause 1, Chapter 2, Section III of the Internal Regulations of Pre-trial Detention Centres of the State Penitentiary Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 14.06.2019 No. 1769/5 (hereinafter — PVR SIZO), it was established that in a number of cell facilities, the actual number of sleeping places exceeds the permissible amount to ensure the legally prescribed space per person. Specifically, violations were recorded in cells Nos. 24, 43, 65, 66, etc.
This violation creates conditions for potential abuses by the administration and personnel of the institution in the context of compliance with the living space standard per person and does not ensure proper personal space for persons held in cell facilities.
In paragraph 13 of the 7th General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter — the Committee), it is noted that the problem with overcrowded cell facilities leads to unhygienic conditions, a constant lack of privacy, and the overloading of medical services and the institution’s infrastructure, and the Committee concludes that quite often the negative impact of overcrowding resulted in inhuman or degrading conditions of detention for prisoners. (CPT/Inf (97) 10).
Furthermore, in the report on the results of the visit to Ukraine in 2023, the Committee once again calls on the Ukrainian authorities to take measures in accordance with the Committee’s long-standing recommendation to review the current legal norms regarding living space for persons taken into custody, in order to guarantee at least 4 m² per person in multi-occupancy cells (excluding the area occupied by toilets in the cells) (CPT/Inf (2024) 20, paragraph 38).
2. In paragraph 59 of the 21st General Report of the Committee, it is noted that any cell with an area of less than 6 m² should no longer be used to hold prisoners (CPT/Inf (2011) 28). In the report on the results of the visit to Ukraine in 2012, the Committee emphasises that any single-occupancy cells must have a living area of at least 6 m² (excluding an integrated toilet), and the distance between the walls of the cell must be at least 2 m (CPT/Inf (2013) 23, paragraph 45).
At the same time, the monitoring group established the use of cell facilities Nos. 22, 26, 41, 42, 5 (punishment cell), 31 and 32 (infectious isolation wards), the area of which, according to the certificate of measurement of the area of the premises of the structural divisions, is less than 6 m², which does not meet the specified requirements.
3. In violation of Article 8 of the Law of Ukraine “On Pre-trial Detention” and Rule 17.2 of the European Prison Rules, the monitors established instances of violations of the requirements regarding separate detention of prisoners. Thus, during a random check, the fact of holding persons accused or suspected of committing serious crimes related to violence or those that caused bodily injury or death to the victim, as well as particularly serious crimes, together with other persons in custody was established.
For instance, in cell No. 52, a person facing criminal charges for committing a crime provided for by Part 2 of Article 309 of the Criminal Code of Ukraine was held together with a person facing criminal charges for committing a crime provided for by Part 1 of Article 115 of the Criminal Code of Ukraine. This indicates the institution administration’s failure to comply with requirements to ensure proper control over the placement of prisoners, does not comply with the principles of dynamic security, and leads to a violation of the prisoners’ right to personal safety, which contradicts national legislation and international standards, in particular Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
4. During the visit to the premises of the admissions unit, it was established that their outfitting does not fully meet the requirements of the Standards for Provision of Furniture, Inventory, and Household Items for Pre-trial Detention Centres, approved by the Order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5 (hereinafter — Provision Standards), as well as Rules 13, 14, 15, 17, and 22.2 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).
Thus, in the admissions unit, the following rooms are missing: a room for the regime and security department; a room for document processing; a storeroom for temporary storage of dirty bedding and personal property; a barbershop; quarantine cells; cells for the sick (isolation cell). In turn, the absence of a quarantine cell and a cell for the sick (isolation cell) in the institution’s admissions unit 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 may pose a threat to both the persons held and the institution’s personnel.
Natural light practically does not enter the premises for the temporary stay of persons taken into custody in the admissions unit, because the windows of the cells face a blank wall, and in some rooms, they are additionally equipped with darkened glass blocks. This essentially deprives prisoners of any, even visual, contact with the outside world and can create additional psychological pressure. Mechanical ventilation does not work in the premises.
At the same time, the Committee, in its 11th General Report, notes that security measures should never involve depriving prisoners of natural light and fresh air, a right to which every prisoner is entitled. Moreover, the absence of sunlight and fresh air creates conditions conducive to the spread of diseases, particularly tuberculosis (paragraph 30, CPT/Inf (2001) 16). Contrary to the requirements of Rule 22.5 of the European Prison Rules, drinking water tanks are not filled with clean drinking water, as a result of which prisoners and convicts are forced to consume technical water from the central water supply.
Sanitary facilities in the premises for the temporary stay of persons taken into custody (specifically Nos. 90, 92) are in an unsatisfactory condition, do not meet sanitation and hygiene requirements, and require major repairs with the replacement of sanitary and technical equipment. A persistent unpleasant odour is felt in the premises, signs of lack of sanitation are recorded, and the walls are covered with mould due to water leakage. The sanitary facilities are not equipped with toilet bowls and a proper water flushing system, and they lack doors and sufficient partitions that would ensure the possibility of privacy while using them. Such conditions do not meet basic hygiene requirements and violate Rule 19.3 of the European Prison Rules. This indicates a violation of the prisoners’ right to humane treatment and respect for their human dignity, in accordance with Part 3 of Article 1 of the Law of Ukraine “On Pre-trial Detention”.
5. In accordance with the requirements of Clause 10, Chapter 2, Section II of the PVR SIZO, during the processing of registration documents, prisoners and convicts are placed in the premises of the admissions unit for a period of no more than two hours while observing isolation requirements. The time of placing persons in the admissions unit and the time of their transfer to cells must be recorded in the duty logbook of the admissions unit. However, during the inspection, gross violations of these requirements were established. In particular, the maintenance of the duty logbook for the admissions unit is performed formally: the time of placement, transfer (departure) of prisoners and convicts is not recorded in a timely manner, and proper control over compliance with the duration of their stay in the admissions unit premises is effectively absent.
Thus, as of 16.02.2026, the last entry in the duty logbook of the admissions unit was made on 12.02.2026. Thus, for four days, the relevant information was not entered into the log. At the same time, according to information provided by the institution’s administration, during this period, prisoners and convicts arrived at the institution and departed from it, and, accordingly, were placed in the premises for the temporary stay of persons taken into custody in the admissions unit.
6. During the inspection of cell facilities, violations of Rules 13, 14, 15, 17, 21, and 22.2 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) were identified, as well as the requirements of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to respect for private life. In particular, sanitary facilities in individual cells are not equipped with sufficient partitions or doors that ensure the possibility of privacy, which violates Rule 19.3 of the European Prison Rules (cell facilities Nos. 5, 25, 42, 47, 48, etc.).
Contrary to Rule 18.1 of the European Prison Rules, in cell No. 43, beds are located directly next to each other, which deprives prisoners of the necessary personal space.
7. Due to excessive bar installations and the small size of the windows in cell facilities, an adequate level of natural lighting is not ensured.
In addition, contrary to Rule 22.5 of the European Prison Rules and the requirements of the Provision Standards, cell facilities are not equipped with tanks for drinking water or such tanks are not filled with water, in connection with which prisoners are forced to consume technical water from the central water supply. Contrary to the requirements of Article 11 of the Law of Ukraine “On Pre-trial Detention” and Clause 1, Chapter 4, Section IX of the PVR SIZO, prisoners are not provided with proper material and living conditions that comply with sanitation and hygiene rules.
Specifically, in cell facilities, prisoners are forced to wash and dry clothes, which indicates an improper organisation of bath and laundry provision. Individual cells require repairs with the replacement of sanitary and technical equipment and electrical wiring. In some premises, an unpleasant odour is felt, a lack of sanitation is observed, excessive dampness and mould due to water leakage are present on the ceilings and walls of individual cells, the premises are cluttered with personal belongings, and bedding and mattresses need replacement.
Furthermore, the radio system in the cell facilities is not functioning, which contradicts the requirements of Clause 2, Chapter 3, Section VIII of the PVR SIZO. At the same time, in the report on the results of the visit to Ukraine in 2023, the Committee called on the Ukrainian authorities to take necessary measures to improve material conditions of detention, in particular to reduce cell occupancy so that every person taken into custody has at least 4 m² of living space (excluding the area occupied by in-cell toilets); to keep all places where convicts and persons taken into custody are accommodated, including sanitary facilities, in a proper state of repair and hygiene, and to carry out disinsection regularly and frequently; to ensure sufficient access to natural light and ventilation in cells, and to fully equip internal sanitary facilities with partitions, i.e., from floor to ceiling (CPT/Inf (2024) 20, paragraph 58).
8. Individual exercise yards are not equipped with sufficient shelter from atmospheric precipitation and require repair work. At the same time, the Committee in its 2nd General Report notes that daily access to fresh air should take place in an area of sufficient size. The area for outdoor exercise should, as far as possible, be equipped with shelter in case of bad weather (CPT/Inf (92) 3, paragraph 48).
9. In the maximum-security sector (hereinafter — SMRB), there is no doctor’s office for outpatient reception of patients, which contradicts the requirements of the Provision Standards and creates obstacles to providing timely medical care to persons held there.
Also, the sector lacks premises for conducting educational work and for religious rites, which does not meet the requirements of Clause 3, Chapter 5, Section VIII of the PVR SIZO and the Provision Standards. At the same time, the institution’s personnel do not offer any alternative types of out-of-cell activities to those sentenced to life imprisonment. In particular, there is no work cell or workshop in the sector, which makes the realisation of the right to work for such persons impossible. The absence of the specified premises and organised types of activities leads to the actual isolation of the convicts and restricts the realisation of their fundamental rights during the serving of their sentence.
At the same time, the Committee calls on the Ukrainian authorities, without further delay, to take measures to develop and implement a regime of out-of-cell activities (including group associations) for convicts sentenced to life imprisonment. In this context, it is important that convicts sentenced to life imprisonment are, as a rule, allowed to communicate with convicts from other cells, including during outdoor exercise (CPT/Inf (2024) 20, paragraph 72).
10. During the visit to the SMRB, near the external doors of the cells for holding convicts sentenced to life imprisonment, it was established that name cards were placed providing information regarding a brief description of the crimes committed by the persons in the cells. A similar violation was established during a visit to the social and psychological service (hereinafter — SPS) unit for convicts left for maintenance work, in the sleeping area.
In its report on the results of the visit to Ukraine in 2020, the Committee noted that this practice should be stopped, as it serves no reasonable purpose and, in addition to stigmatisation, results in the deterioration of relationships between prisoners and prison staff (CPT/Inf (2020) 40, paragraph 52).
11. During the visit, it was established that most cell facilities are not equipped with buttons to call personnel, which complicates prompt contact between convicts and the institution’s staff. This contradicts Clause 4 of Section IV of the Procedure for the Use of Technical Supervision and Control Equipment in Pre-trial Detention Centres, Correctional and Educational Colonies of the State Penitentiary Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 26.06.2018 No. 2025/5 (hereinafter — Procedure).
12. Clause 4 of Chapter 2, Section III of the PVR SIZO defines that in order to prevent escapes and the commission of criminal offences, violations of the established procedure for detention and serving sentences, as well as to ensure the safety of prisoners, convicts, SIZO personnel, and other persons present in the SIZO territory, audiovisual, electronic, and other technical means are used. Thus, during the inspection of punishment cells and individual cell facilities, installed video surveillance cameras were recorded.
At the same time, in its report in 2012, the Committee criticised excessive interference with 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 certain cases, for example, when a person is considered to be of concern regarding the risk of self-harm or suicide, or if there are specific suspicions that the convict is performing certain actions in the cell that could jeopardise security.
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 frequently on a regular basis. Video surveillance is a serious interference with the prisoners’ private life and makes the regime even more repressive, particularly when applied over a long period of time” (CPT/Inf (2013) 23, paragraph 52).
13. According to Clause 17 of Section V of the Regulations on the Organisation of Food Provision in the State Penitentiary Service of Ukraine for Peacetime, approved by the Order of the Ministry of Justice of Ukraine dated 15.06.2021 No. 2160/5 (hereinafter — Regulations on Food Provision Organisation), daily samples of each meal of the ration must be kept in the institution’s canteen. Sampling is carried out by the cook from the cauldron in the presence of a medical worker of the healthcare facility in clean dishes with a lid (previously washed and boiled) before the food is served. Daily samples are stored in the canteen refrigerator at a temperature of +4 to +8°C and must be kept for 24 hours until the end of the similar meal the next day. At the same time, in violation of the specified requirements, during the inspection of the canteen refrigerator, the monitoring group established the absence of a sample of fish patties in the dinner dishes for 15.02.2026.
14. During the visit to the catering block, it was established that in violation of the requirements of the Provision Standards, the canteen lacks a cold food preparation room, a break room for cooks, and a changing room for canteen staff with a shower and sanitary facility. This indicates non-compliance with established sanitary-hygienic and household requirements for the organisation of food service and working conditions for personnel.
15. The monitoring group established a number of violations in the organisation of bath and laundry services for convicts and persons taken into custody. Thus, in violation of the requirements of Clause 4, Chapter 2, Section X of the PVR SIZO and Clause 3.19 of Section III of the Regulations on the Organisation of Bath and Laundry Services for Persons Held in Penal Institutions and Pre-trial Detention Centres, approved by the Order of the Ministry of Justice of Ukraine dated 08.06.2021 No. 849/5 (hereinafter — Regulations), the fulfilment of sanitary-hygienic and anti-epidemic requirements is not properly ensured.
In particular, the sanitary treatment of convicts and persons taken into custody in full as a planned measure (once a month) is not carried out. During the inspection of the disinfection (disinsection) logbook for personal clothing and bedding in the institution’s disinfection chambers, it was established that from the beginning of 2026 as of 16.02.2026, disinfection (destruction of pathogenic microorganisms) and disinsection (destruction of insects and ticks — vectors of infectious diseases) of personal clothing and bedding (pillows, mattresses, blankets) was carried out only for 15 cells.
In violation of Clause 2.14 of Section II of the Regulations on the Organisation of Bath and Laundry Services, the institution does not ensure the provision of hairdressing services to convicts and prisoners.
Cell facilities Nos. 65, 74, 89, which are used for holding female prisoners (convicts), are not equipped in accordance with the requirements of the Provision Standards, in particular, they are not outfitted with a tray with a shower head on a flexible hose, in connection with which proper conditions for maintaining personal hygiene for female prisoners (convicts) are not ensured.
In violation of the requirements of Rule 19.3 of the European Prison Rules, in the shower room of the admissions unit, the right to privacy is not ensured due to the absence of curtains on the shower partitions.
16. The monitoring group established that the institution’s shop lacks tobacco products, underwear, hosiery, indoor slippers, envelopes, and stamps, the availability of which is provided for in Appendix 2 to the PVR SIZO.
17. During the visit, the monitoring group recorded that the institution’s personnel who directly contact convicts openly carry special means, in particular rubber batons. At the same time, according to the eighth paragraph of Clause 8, Chapter 1, Section V of the PVR SIZO, the carrying of special means by SIZO personnel within the guarded territory of the SIZO should, if possible, be maximally hidden from surroundings. At the same time, the Committee recommends that penitentiary staff working in direct contact with prisoners should not carry special means (such as rubber batons, handcuffs, and sprays equipped with tear gas) 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).
18. According to information received from the administration, since the beginning of 2026 (as of 16.02.2026), 52 short-term visits were granted to prisoners and convicts at the State Institution “Khmelnytskyi Pre-trial Detention Centre”, 48 of which took place in a contactless manner — through solid partition glass using an intercom device.
At the same time, in the report on the results of the visit to Ukraine in 2023, the European Committee for the Prevention of Torture emphasises that for all categories of convicts, open visits (for example, at a table) should be the rule, and closed ones the exception, the application of which is allowed only on the basis of justified and reasoned decisions after an individual assessment of the potential risk of a specific convict. In this regard, the Committee calls on the Ukrainian authorities to review the procedure for conducting short-term visits in penitentiary institutions with the aim of ensuring they are held, as a rule, in open conditions (CPT/Inf (2024) 20, paragraph 99).
19. According to official documentation, the staff shortage in the institution as of 16.02.2026 is 38 staff units. At the same time, in the report on the results of the visit to Ukraine in 2023, the Committee emphasises that ensuring a positive climate in a penitentiary institution requires the presence of a professional team of personnel, who must be present in sufficient numbers at any given time in places of detention. An insufficient number of personnel can only increase the risk of violence and intimidation between convicts.
The shortage of front-line personnel 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 on the Ukrainian authorities to take decisive measures to significantly increase the number of personnel in penitentiary institutions of Ukraine, where a low level of staffing is observed, with the aim of strengthening the presence of security and supervision service personnel inside the institutions. It is also necessary to take measures to put an end to 24-hour shifts for personnel on duty (CPT/Inf (2024) 20, paragraph 93).
20. During the monitoring visit, the state of the shelter in the SIZO in the event of an air raid or other emergency situations was investigated. It was established that the premises of the admissions unit are used as a shelter. The specified premises are not actually a specially equipped shelter and do not meet minimum safety requirements and conditions for people’s stay. In particular, it was established that the premises are not equipped with a ventilation system, have only basic utilities (sewage is present), are not equipped with places for sitting or lying down (benches, beds are absent), are not provided with stocks of drinking water, and are not adapted for the long-term stay of people.
At the same time, it was established that there is a second exit in the premises, which partially meets safety requirements, but does not compensate for the lack of other necessary conditions. The actual state of the premises indicates that it is not used for its intended purpose, as the admissions unit is not adapted to function as a shelter. The absence of ventilation, places for accommodating people, and basic living conditions creates risks to health and safety in the event of the need for a prolonged stay.
Thus, the organisation of the shelter in the institution is formal and does not ensure an adequate level of protection for persons held in the institution, which does not meet the requirements of legislation in the field of civil protection and international standards for the treatment of persons deprived of liberty.
21. During the monitoring visit to the institution, the state of compliance with the right to work and social protection of persons taken into custody, as well as convicts left for maintenance work at the institution, was investigated. According to documents provided by the administration, the work of prisoners is organised within the institution in the areas of maintenance, the catering block, workshops, and other facilities. The staffing table provides for corresponding positions, in particular cooks, bakers, auxiliary workers, and others. At the same time, the actual organisation of work does not correspond to the declared structure and does not ensure proper documentation of labour processes.
On the day of the visit, it was established that 5 persons were working in the catering block, and 2 more persons were involved in work at production facilities (wire products — workshops). At the same time, the accounting of persons taken out for work is not properly maintained. Coupons for taking them out of cells are absent, attendance logs do not allow for the determination of the actual time of commencement and completion of work, as well as the location of specific persons. The logbook of quantitative checks of maintenance staff contains only the total number of persons, without distinguishing between those who are in the units and those who are actually working in the catering block, workshops, or at other facilities.
Thus, it is impossible to determine the real duration of the working day, the number of hours worked, and the actual volume of work performed. An analysis of work orders for taking persons to workshops for January-February 2026 indicates that certain prisoners are involved in work on a permanent basis. In particular, Sh., K., and K. are systematically included in work orders over a long period (05.01-09.01, 12.01-16.01, 19.01-23.01, 26.01-31.01, 02.02-06.02, 09.02-13.02, 16.02-20.02.2026), which indicates their actual permanent employment.
At the same time, such systematic nature has signs of employment relations, but is not accompanied by proper documentation, maintenance of working time records, and definition of conditions of work and rest. This indicates the actual existence of employment relations without their proper legal formalisation, which contradicts the requirements of labour legislation of Ukraine and violates established guarantees regarding working conditions, working time accounting, and social protection. According to the prisoners, in particular Ya., who has worked as a dishwasher for about one year, the work schedule is from 08:00 to 17:00 daily, without days off and public holidays. Such a schedule corresponds to a full working day and indicates the presence of systematic employment relations, which are not properly reflected in the documentation.
A case of involving a person in work without proper documentation was also established. K., who arrived at the institution in November, does not have a passport, yet actually works in production (door manufacturing), which indicates the use of labour without proper identification of the person.
An analysis of the provided fixed-term employment contracts showed that they are of a formal nature. The contracts state general provisions regarding the performance of work and the payment of wages, but lack specific conditions regarding the duration of working time, the regime of work and rest, days off, and accounting of working time. The issue of accrual and payment of the unified social contribution (USC) requires separate attention. According to the provided payment instructions, it was established that the institution makes USC payments for separate payments (6,000.00 UAH, 1,334.67 UAH, 5,707.02 UAH, 14,948.88 UAH in January 2026).
The purpose of the payments indicates the accrual of USC on the salaries of maintenance and workshop employees. At the same time, the absence of personalised working time records and reliable data on the actual employment of persons makes it impossible to establish whether the paid USC corresponds to the minimum insurance contribution for each employee. In view of this, there is a risk that for some persons, the USC is not paid in full or does not ensure the formation of a full insurance period.
According to Part 5 of Article 8 of the Law of Ukraine “On Collection and Accounting of the Unified Contribution for Compulsory State Social Insurance”, in case the base for accrual of USC is lower than the minimum wage, the employer is obliged to pay USC in an amount not less than the minimum insurance contribution. In the absence of proper accounting of working time and accruals, it is impossible to confirm compliance with this requirement.
The identified circumstances indicate systemic violations of legislation, in particular: violation of Article 43 of the Constitution of Ukraine regarding the right to work and proper working conditions; violation of Article 118 of the Criminal Executive Code of Ukraine regarding the procedure for involving convicts in work; violation of the requirements of the Labour Code of Ukraine regarding working time accounting, work and rest regimes; violation of the Law of Ukraine “On Remuneration of Labour”; violation of the Law of Ukraine “On Collection and Accounting of Unified Contribution”; non-compliance with international standards, in particular the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the European Prison Rules.
The aggregate of established facts indicates the presence of signs of hidden employment relations, the absence of proper labour accounting, as well as possible signs of forced labour, since the work has a systemic character, is performed without proper documentation, without ensuring the right to rest, and without the possibility of its termination.
Thus, the organisation of labour in the institution does not ensure compliance with the basic labour rights of prisoners and convicts and requires bringing it into compliance with the requirements of national legislation and international standards.
Khmelnytskyi City Medical Unit of the Branch of the State Institution “Centre for Healthcare of the State Penitentiary Service of Ukraine” in Khmelnytskyi Region
Head of the Khmelnytskyi City Medical Unit of the Branch of the State Institution “Centre for Healthcare of the State Penitentiary Service of Ukraine” in Khmelnytskyi Region (hereinafter — medical unit) — Tamara Viktorivna Kovalchuk.
At the time of the visit, the following positions were vacant: radiologist — 0.5 staff unit, therapist — 0.5 staff unit. During the visit, the monitoring group studied medical documentation, inspected the premises of the medical unit for their compliance with the requirements of the legislation of Ukraine and international standards, and also identified shortcomings in the work of the medical unit.
1. During the visit, the monitoring group established that for patients who were undergoing inpatient treatment in the medical unit, primary accounting documentation form No. 003/o “Medical Card of an Inpatient”, approved by the Order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, had not been opened. All data regarding diagnosis and treatment in the hospital, including results of patient examinations and the list of prescriptions, should be entered into the specified form.
In addition, improper maintenance of the logbook for admission, discharge of convicts, and refusal of hospitalisation was established. Thus, the last entry about newly arrived patients to the medical unit hospital was made by medical personnel on 12.08.2024, i.e., about a year and a half ago. At the same time, during a visit to the infectious isolation wards, a prisoner was in isolation cell No. 31 who reported that he was being held there in connection with illness and undergoing treatment.
The specified facts indicate improper maintenance of medical documentation and the absence of proper registration of patients who are undergoing treatment. The identified violations do not meet the requirements of Clauses 4 and 5, Chapter 5, Section II of the Procedure for Organising the Provision of Medical Care 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 for Organising the Provision of Medical Care).
2. In violation of the requirements of the Instructions for completing primary accounting documentation form No. 003-6/o “Informed Voluntary Consent of the Patient to the Provision of Diagnostics, Treatment and to the Performance of Surgery and Anaesthesia and to the Presence or Participation of Educational Process Participants”, approved by the Order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, the absence of informed voluntary consent for diagnostics and treatment, signed by the patient who was in the medical unit hospital, was established.
This may indicate the absence of the patient’s voluntary consent to the application of methods of diagnosis, prevention, and treatment to him, which is a violation of Article 43 of the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” and Clause 47 of the Committee’s recommendations (CPT/Inf (93) 12-part).
3. During the visit, the monitoring group established that medical personnel do not ensure proper recording and documentation of bodily injuries of persons deprived of liberty. In accordance with Clause 2.11 of Section II of the Procedure for Interaction of Healthcare Facilities of the SPS of Ukraine with Healthcare Facilities regarding the provision of medical care 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), in case of detection of bodily injuries in a person taken into custody, the medical worker who discovered such injuries prepares a certificate in three copies, in which the following are detailed: information (written statement, oral or written explanation of the convict) regarding the circumstances of receiving bodily injuries (date, time, place of receipt, methods of infliction, information about the person(s) who, in the convict’s opinion, inflicted them), as well as other information regarding the receipt of bodily injuries; an exhaustive description of medical indicators characterising the state of health of the convict, the nature of the injuries, their size and location; the medical worker’s assumption in view of the information provided by the convict and medical indicators, as well as the justification of their correlation.
To the certificate, the medical worker attaches primary accounting documentation form No. 511/o “Certificate on the Recording of Bodily Injuries”, approved by the Order of the Ministry of Health of Ukraine dated 14.02.2012 No. 110, registered with the Ministry of Justice of Ukraine on 28.04.2012 under No. 661/20974, and photographs of the existing bodily injuries of the convict. Two copies of the certificate and its attachments are added to the materials of the personal file and the outpatient patient’s medical card No. 025/o, and the third copy is given personally to the convict who underwent the examination.
Instead, as established during the monitoring visit, in individual cases (11.02.2026), in the event of detection of bodily injuries, medical personnel only fill out primary accounting documentation form No. 511/o without preparing a certificate in three copies and without carrying out the full complex of actions provided for by the Procedure. This indicates a violation of the requirements of Clause 2.11 of Section II of the Procedure and improper organisation of medical recording of bodily injuries.
4. In violation of Clause 4, Chapter 1, Section X of the PVR SIZO, the medical unit lacks an equipped isolation ward for holding persons with mental disorders.
5. The staff of the medical unit lacks a clinical psychologist position, which complicates the timely and effective provision of medical care in the field of mental health to convicts. In the report on the results of the visit to Ukraine in 2023, the Committee recommends further strengthening the provision of psychological assistance in institutions, as well as developing the training and role of penitentiary psychologists, especially in terms of therapeutic clinical work with convicts. In this context, efforts must be made to attract clinically trained psychologists, who should be part of the medical team and in their work should not combine two different roles, i.e., risk assessment and therapeutic clinical work (CPT/Inf (2024) 20, paragraph 85).
6. During the visit, it was established that persons suffering from tuberculosis are held in cell facilities Nos. 81, 83, 84, which are not intended for the isolation of persons with infectious diseases and are located next to cells where other prisoners are held. Such placement does not ensure proper isolation of the sick and does not meet the requirements of infection control, which creates a real risk of spreading tuberculosis infection among prisoners and the institution’s personnel, thereby violating the requirements of Clause 2 of Section II of the “Standard of Infection Control for Healthcare Facilities Providing Care to Patients with Tuberculosis”, approved by the Order of the Ministry of Health of Ukraine dated 01.02.2019 No. 287.
7. Dispensary observation is carried out for 3 persons with disabilities. Of these, group I: 0 persons, group II: 0 persons, group III: 3 persons. At the same time, in violation of the requirements of the Law of Ukraine “On Rehabilitation of Persons with Disabilities in Ukraine”, persons with disabilities do not receive proper diagnostic, treatment, and rehabilitation measures given the existence of information confirming persistent impairment of bodily functions caused by diseases or the consequences of injuries, which cause restrictions on normal daily life.
Thus, during the examination of the convicts’ medical documentation, it was established that one person with a disability lacks an individual rehabilitation programme (hereinafter – IRP). Furthermore, the recommendations of the IRP are not being fulfilled, as a result of which they do not receive proper diagnostic, treatment, and rehabilitation measures given the existence of information confirming persistent impairment of bodily functions caused by diseases and the consequences of injuries, which cause restrictions on normal daily life.
8. In violation of the requirements of the State Building Norms of Ukraine V.2.2-40:2018 “Inclusivity of buildings and structures. Basic provisions”, conditions for holding persons with disabilities have not been created in the medical unit.
9. In violation of Clause 37 of the Resolution of the Cabinet of Ministers of Ukraine dated 02.03.2016 No. 285 “On Approval of Licensing Conditions for Carrying Out Economic Activities in Medical Practice”, the medical unit lacks a conclusion confirming free access to the buildings and premises of the medical facility for persons with reduced mobility, the receipt of which is mandatory.
10. In violation of the Procedure for organising the provision of medical care at the primary, secondary (specialised), and tertiary (highly specialised) levels using telemedicine, approved by the Order of the Ministry of Health of Ukraine dated 19.10.2015 No. 681, the medical unit personnel are deprived of the ability to send requests for telemedicine consultations and receive professional assistance for the provision of medical services to convicts due to technical limitations.
11. The monitoring group established that 6 patients with chronic viral hepatitis C (hereinafter – HCV) who require treatment are registered at the institution. As of the day of the visit, antiviral therapy for the treatment of HCV was absent in the medical unit’s pharmacy, which contradicts the requirements of the Standards of Medical Care for HCV in Adults, approved by the Order of the Ministry of Health of Ukraine dated 23.07.2025 No. 1178. The absence of timely treatment increases the risk of disease progression, the development of liver complications, and creates a threat of the infection spreading among other patients, violating the convicts’ right to receive proper medical care.
12. During the visit, the monitoring group established the absence of a defibrillator in the medical unit, which creates risks of untimely provision of emergency medical care. At the same time, the Committee recommended that medical services in all penitentiary institutions of Ukraine be equipped with life-saving equipment (Committee report on the results of the visit to Ukraine in 2017, CPT/Inf (2018) 41, paragraph 87).
13. The medical unit lacks a separate office for a gynaecologist. The reception of sick convicts and prisoners is conducted in the procedure room, which is also used by other doctors. This organisation of work, in all likelihood, does not ensure the necessary level of confidentiality and may violate the patients’ right to privacy during medical examinations.
14. In violation of the requirements of Clause 5, Section I of the “Rules for Storage and Quality Control of Medicinal Products in Treatment and Prevention Facilities”, approved by the Order of the Ministry of Health of Ukraine dated 16.12.2003 No. 584, medicines with expired shelf lives were discovered in the medical unit during the inspection of the dentist’s office.
15. 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, the medical unit premises are not equipped with fire extinguishing and fire alarm systems (except for the pharmacy and the OST office).
Recommendations:
1. Bring the conditions of detention at the State Institution “Khmelnytskyi Pre-trial Detention Centre” into compliance with the requirements of national legislation and international standards, primarily by eliminating cell overcrowding, preventing the placement of persons exceeding the established area norm, and reviewing the practice of using cells the area of which is less than the minimum permissible.
2. Ensure proper separate detention of prisoners in accordance with the requirements of legislation, taking into account the nature and severity of the incriminated crimes, as well as the requirements of personal safety for persons held in custody.
3. Bring the admissions unit into compliance with established standards, in particular by outfitting missing premises, ensuring quarantine and isolation of the sick, proper sanitary-hygienic conditions, access to natural light, ventilation, drinking water, the proper sanitary-technical condition of sanitary facilities, and the possibility of privacy during their use.
4. Ensure proper maintenance of the duty logbook for the admissions unit, timely recording of the time of placement and departure of persons, and proper control over compliance with the established duration of stay in the admissions unit premises.
5. Eliminate violations of material and living conditions in cell facilities, including ensuring proper sanitary conditions, sufficient personal space, privacy in sanitary facilities, access to natural light, ventilation, drinking water, the proper condition of the electrical network, sanitary-technical equipment, bedding, and mattresses, as well as restoring the functioning of the radio system.
6. Equip exercise yards with proper shelter from atmospheric precipitation and carry out necessary repair work to ensure proper conditions for daily access to fresh air.
7. Ensure the availability of a doctor’s office for outpatient reception in the maximum-security sector, premises for educational work and for religious rites, and create conditions for out-of-cell activities and work for convicts sentenced to life imprisonment.
8. End the practice of placing name cards on cell doors and in sleeping areas with information regarding the nature of the crimes committed.
9. Equip cell facilities with buttons to call personnel and ensure their proper functioning.
10. Review the practice of installing and using video surveillance in punishment cells and cell facilities, taking into account the principles of necessity, proportionality, and individual risk assessment.
11. Ensure compliance with requirements regarding the selection, storage, and recording of daily samples of ready-made meals in the institution’s canteen.
12. Bring the catering block premises into compliance with the requirements of the Provision Standards, in particular by outfitting a cold food preparation room, a break room for cooks, and a changing room for canteen staff with a shower and sanitary facility.
13. Ensure proper organisation of bath and laundry services, including regular sanitary treatment of prisoners and convicts, systemic disinfection and disinsection of personal clothing and bedding, the provision of hairdressing services, and the creation of proper conditions for maintaining personal hygiene.
14. Equip premises for holding women in accordance with established standards, including with shower trays with a shower head on a flexible hose, and ensure the right to privacy in shower rooms.
15. Ensure the availability in the institution’s shop of goods provided for in Appendix 2 to the Internal Regulations of Pre-trial Detention Centres of the State Penitentiary Service of Ukraine.
16. End the practice of personnel openly carrying special means during direct contact with convicts and prisoners.
17. Review the procedure for conducting short-term visits with the aim of ensuring they are held, as a rule, in open conditions, and leave the application of the contactless format as an exception based on individual risk assessment.
18. Take measures to staff the institution with personnel in the required volume to ensure safety, proper supervision, social-educational work, and proper functioning of the institution.
19. Bring the shelter into compliance with the requirements of legislation in the field of civil protection, providing it with ventilation, places for sitting or lying down, stocks of drinking water, and proper conditions for the long-term stay of people.
20. Bring the organisation of the work of prisoners and convicts into compliance with the requirements of legislation, ensuring proper accounting of those taken out to work, personalised accounting of working time, documentation of employment relations, compliance with requirements regarding work and rest regimes, proper preparation of employment contracts, transparent wage calculation, and payment of the unified social contribution in full.
21. Eliminate the practice of using the labour of persons without proper documentation and without the ability to verify the actual duration of the working day, the volume of work performed, and the appropriateness of the accrual of social guarantees.
22. Ensure compliance with the basic labour rights of prisoners and convicts, including the right to proper working conditions, rest, remuneration, and social protection, and eliminate signs of hidden employment relations without remuneration.
23. Take measures aimed at eliminating identified human rights violations and preventing torture, other cruel, inhuman, or degrading treatment or punishment at the Khmelnytskyi City Medical Unit of the Branch of the State Institution “Centre for Healthcare of the State Penitentiary Service of Ukraine” in Khmelnytskyi Region.
24. Ensure control over the proper maintenance of medical documentation in accordance with the Procedure for Interaction of Healthcare Facilities of the State Penitentiary Service of Ukraine with Healthcare Facilities regarding the provision of medical care 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 other regulatory legal acts; the Procedure for Organising the Provision of Medical Care 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, and other regulatory legal acts.
25. Provide the medical unit staff with specialist doctors in accordance with needs.
26. Ensure timely and proper recording of bodily injuries in convicts and persons taken into custody.
27. Ensure the equipment of an isolation ward for persons with mental and behavioural disorders in accordance with the requirements of legislation.
28. Ensure the maintenance of form No. 003/o “Medical Card of an Inpatient” for all patients undergoing inpatient treatment, and the entry of information about patients into the logbook for admission, discharge of convicts, and refusal of hospitalisation in accordance with the requirements of the Procedure.
29. Ensure the obtaining of informed consent from patients for examination and treatment in the established form.
30. Ensure the outfitting of isolation wards for persons with infectious diseases in the medical unit in accordance with established requirements of legislation.
31. Ensure, in the shortest possible time, the provision of necessary antiviral treatment to persons with chronic viral hepatitis C.
32. Ensure the medical unit is equipped with a defibrillator and other necessary life-saving equipment in accordance with the recommendations of the European Committee for the Prevention of Torture.
33. Ensure the implementation of individual rehabilitation for persons who require it.
34. Ensure the accessibility of the institution’s buildings in accordance with State Building Norms of Ukraine V.2.2-40:2018 “Inclusivity of buildings and structures. Basic provisions”.
35. Ensure the proper operation of the telemedicine complex for doctors to make requests for telemedicine consultation.
36. Ensure measures are taken for the proper storage of medicinal products.