Report on the findings of the monitoring visit to the Sumy Pre-trial Detention Centre

On 23.04.2026, 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 UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules) and the case law of the European Court of Human Rights, and on the basis of Article 24 of the Penal Enforcement Code of Ukraine “Visiting penal institutions”, a group of monitors from the Kharkiv Human Rights Protection Group and the NGO “Protection of Prisoners of Ukraine” conducted a visit to the state institution “Sumy Pre-trial Detention Centre” (the Centre, the institution). The visit was carried out as a planned inspection without prior notice; all facilities of the institution were inspected.

The previous visit took place on 25.07.2025.

In preparation for the visit, the monitors used materials from complaints submitted by prisoners, convicts, and their relatives, materials from previous visits, and the report of monitors from 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 prisoner suffering in the context of the war in Ukraine”, funded by the government of Denmark in partnership with DIGNITY — The Danish Institute Against Torture.

The visit was carried out by the following monitors:

• Andrii Didenko — Assistant to the People's Deputy of Ukraine Yaroslav Yurchyshyn, programme coordinator for the Kharkiv Human Rights Protection Group, experienced in monitoring visits since 2014, NPM (National Preventive Mechanism) monitor, member of the NPM advisory board;
• Serhii Zuikov — Assistant to the People's Deputy of Ukraine Kostiantyn Kasai, member of the public council under the Ministry of Justice of Ukraine, member of the NGO “Protection of Prisoners of Ukraine”, 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”, with extensive experience in monitoring visits, specialising in issues of torture and cruel, inhuman or degrading treatment.

In 2025, renovation work was carried out in certain cell premises, the transit and transfer cell, the cell for individuals subject to extradition, the psycho-emotional relief room, the social and psychological service department, and the study room.

At the same time, during the monitoring visit, a number of violations were identified, including: failure to meet residential floor space standards; the use of punishment cells with an area of less than 6 m²; inadequate arrangement of sanitary facilities, lighting, and drinking water supply; a lack of necessary information regarding complaint mechanisms; violations of the requirements for separate detention; the installation of video surveillance in residential cells; inadequate living conditions, dampness, and mould; stigmatising labelling of convicts' personal lockers; restrictions on internet access; a lack of separate household rooms in the Social and Psychological Service department; failure to issue dry rations to individuals being transferred out of the Centre; the lack of a shop; deficiencies in laundry and bathing services; the open carrying of special equipment by staff; the prevalence of non-contact short-term visits; staff shortages; the use of the reception and transfer unit as a shelter instead of a separate protective structure; and issues regarding the organisation of labour, remuneration, and social protection for convicts.

There are also numerous shortcomings in the organisation of medical care, including improper documentation of bodily injuries, limited inpatient treatment, deficiencies in infection control, the lack of separate medical offices, incomplete medical examinations for catering staff, the lack of facilities for persons with reduced mobility, and violations of fire safety requirements.

General information

The institution functions as a pre-trial detention centre. The facility holds persons accused of committing criminal offences for whom a preventive measure in the form of detention has been chosen by court order. The facility is located at: 19 Haiovyi Proizd, Sumy, Sumy Region, 42343.

The head of the institution is Ihor Serhiiovych Yakovliev.

The Sumy Pre-trial Detention Centre was established during the Soviet period as an institution for the detention of persons for whom a preventive measure in the form of arrest was chosen, as well as for the execution of sentences involving short-term imprisonment; it is subordinate to the State Penitentiary Service of Ukraine.

The institution performs a dual function: pre-trial detention and the holding of convicts retained for maintenance work. Like most similar facilities, the Sumy Pre-trial Detention Centre has ageing infrastructure dating back to Soviet times.

The facility consists of a duty unit, a reception and transfer unit, a catering unit, cells for male, female, and juvenile detainees, a maximum-security sector for life-sentenced convicts, transit cells, a maintenance sector, punishment cells, a medical unit, a laundry and bathhouse complex, visiting rooms, a shop, a library, a parcel reception room, and administrative premises.

According to the institution's administration, the authorised staff size is 168 positions, with 145 positions filled. The total staff shortage for the institution is 23 positions.

The planned capacity of the facility is 492 persons. There are 72 cell premises, 5 of which are undergoing renovation. The institution holds 360 persons.

Three psychologists work at the institution. During 2026, 92 individuals arrived at the Centre. In 2025, 5 people died. 33 convicts and 14 detainees are employed under labour contracts. 25 individuals were registered as HIV/AIDS-positive.

The facility's operative and preventive records included: 6 detainees and 1 convict prone to suicide, 1 convict prone to self-harm, 0 persons prone to escape; and 19 malicious violators of the detention regime.

Between 2025 and 2026, no complaints regarding inadequate detention conditions or inadequate medical care were recorded. Convicts possess 17 tablets for personal use. 12 people are held in total isolation.

During 2025, 227 cases of bodily injury were recorded: 113 upon arrival and 114 during their stay at the institution. In the current year, 99 cases of bodily injury have been recorded: 96 upon arrival and 3 cases during their stay at the institution.

The monitoring group interviewed approximately 180 detainees and convicts during cell visits, held general conversations providing consultations and answering questions, conducted surveys regarding human rights violations concerning inadequate detention conditions and inadequate medical care, and engaged in individual communication with convicts, including on an anonymous basis.

It is worth noting that the institution's administration responds adequately to complaints from detainees and convicts regarding the actions or omissions of the administration. Furthermore, the administration does not conceal cases of human rights violations, which can be considered signs of openness, transparency, and proper response.

Positive findings

In 2025, at the state institution “Sumy Pre-trial Detention Centre”, in order to improve the living conditions of detainees and convicts, renovation work was carried out in: cell block rooms, the transit and transfer cell, the cell for holding individuals subject to extradition, as well as the psycho-emotional relief room, the social and psychological service department, and the study room (internet class). Renovations are ongoing.

Violations of national and international law identified

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

1. During the monitoring visit to the institution, a number of systemic violations were recorded, including failure to comply with the residential floor space standards established by law for persons held in custody in cell premises, as well as other violations indicating inadequate detention conditions. Such conditions may be regarded as inhuman or degrading treatment and could 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 Mandela Rules), cell premises No. 5 held 13 persons, whereas, according to the measurement certificate of the structural units' floor space, it is intended for 12 persons. The area of the room, according to the certificate, is 29.0 m². Thus, the actual area per detainee was only 2.23 m², which does not meet the minimum standard of 2.5 m² established for persons held in custody.

Furthermore, 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 — PTDC Regulations), it was established that in a number of cell premises the actual number of beds exceeds that permissible for ensuring the floor space standard per person prescribed by law. In particular, violations were recorded in cells No. 5, 25, 43, and 63.

This violation creates conditions for potential abuse by the institution's administration and staff in the context of compliance with the residential floor space standard per person and does not ensure adequate personal space for those held in the cell premises.

Clause 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) states that the problem of overcrowded cell premises leads to unhygienic conditions, a constant lack of privacy, and the overloading of medical services and institution infrastructure. It further concludes that often the negative impact of overcrowding has resulted in inhuman or degrading detention conditions for prisoners (CPT/Inf (97) 10).

In addition, in the report following the 2023 visit to Ukraine, the Committee once again calls on the Ukrainian authorities to take measures to review current legal standards regarding residential floor space for persons held in custody to ensure at least 4 m² per person in multi-occupancy cells, excluding the area occupied by in-cell toilets (CPT/Inf (2024) 20) Clause 38).

2. Clause 59 of the 21st General Report of the Committee states that any cell with an area of less than 6 m² should not be used to hold prisoners (CPT/Inf (2011) 28).

In the report on the 2012 visit to Ukraine, the Committee notes that single cells must have a residential area of no less than 6 m² (excluding sanitary facilities), and the distance between walls should be no less than 2 metres (CPT/Inf (2013) 23) Clause 45).

At the same time, the monitoring group established the use of cell premises No. 10, 12, 14, and 15 (punishment cells), the area of which, according to the measurement certificate of the structural units, is less than 6 m².

During measurements of these punishment cells, it was established that the distance between walls is less than 2 metres, which does not meet the established requirements.

3. The arrangement of punishment cells does not ensure proper conditions for persons held in custody and convicts, taking into account their individual needs, which does not comply with international standards for the treatment of prisoners and established requirements.

Thus, due to the limited area of the punishment cell (less than 6 m² excluding sanitary facilities) and considering that the distance between walls is less than 2 metres, detainees do not have the ability to move freely within the cell, which causes physical discomfort.

4. Sanitary facilities in punishment cells are not equipped with sufficient partitions and doors to ensure privacy, which violates Rule 19.3 of the European Prison Rules and Rule 15 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules).

5. Punishment cells do not ensure a proper level of natural light, as the cell window is located at a significant height, is small in size, and is excessively barred, as a result of which natural light practically does not enter the room. This does not meet the requirements of Rule 18.2 (a) of the European Prison Rules and Rule 14 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules).

6. In violation of Rule 22.5 of the European Prison Rules, Rule 22.2 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules), and the Procedure for Provision, Accounting, and Operation of Furniture, Inventory, and Household Items and their provision and operation standards in penal institutions and pre-trial detention centres of the State Penitentiary Service of Ukraine, approved by the Order of the Ministry of Justice of Ukraine dated 27.07.2012 No. 1118/5 (hereinafter — Provision Standards), punishment cells are not equipped with a 15-litre drinking water tank with a tap, lid, mug, and basin.

7. During the visit to the punishment cells, the absence of visual information displaying the “hotline” phone numbers, as well as the postal and email addresses of the Ministry of Justice of Ukraine, the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, the European Court of Human Rights, the State Bureau of Investigation, the Office of the Prosecutor General, regional and district prosecutor's offices, the Department, the interregional administration, and the regional centre for the provision of free legal aid was established. This contradicts the requirements of Clause 14, Chapter 2, Section II of the PTDC Regulations.

8. The monitoring group established that devices for fixing beds to the wall have been installed in the punishment cells. At the same time, legal acts do not provide for the locking of folding beds in punishment cells, cell-type premises, and disciplinary isolation cells where convicts are serving penalties. This creates conditions for potential abuse by the institution's staff, as persons held in custody and convicts may be deprived of the ability to sit or lie on the bed during the day.

9. In violation of Article 8 of the Law of Ukraine “On Pre-trial Detention” and Clause 17.2 of the European Prison Rules, the monitors established instances of violation of the requirements regarding the separate detention of prisoners. Thus, during a selective check, the fact was established that persons accused or suspected of committing serious crimes involving violence, or those that caused bodily injury or death to the victim, as well as particularly serious crimes, were held together with other persons held in custody. Specifically, in cell premises No. 3, a person facing criminal charges for committing a crime provided for by Part 2 of Article 307 of the Criminal Code of Ukraine was being 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.

Similar violations were established in cell premises No. 4, 5, 6, 43, and 68. This indicates the institution administration's failure to comply with requirements regarding the provision of proper control over the placement of prisoners, does not correspond to the principles of dynamic security, and leads to a violation of prisoners' rights to personal safety, which contradicts national legislation and international standards, in particular Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

10. During the visit to the reception and transfer unit premises, circumstances were established that may indicate a violation of prisoners' rights to humane treatment and respect for human dignity, guaranteed by Part 3 of Article 1 of the Law of Ukraine “On Pre-trial Detention”.

In particular, the monitoring group established that the institution's staff places prisoners in rooms for the temporary stay of persons held in custody in numbers exceeding the established capacity, for periods of up to two hours. Thus, according to entries in the duty log of the reception and transfer unit, on 11.02.2026, in the period from 01:30 to 03:00, 18 persons were placed in the room for temporary stay No. 2, with an area of 15.12 m². Thus, the actual area per person was 0.84 m², which is significantly lower than the minimum standard of 2.5 m² established for persons held in custody.

11. During the visit to the reception and transfer unit, it was established that their arrangement does not fully comply with the requirements of the Provision Standards, as well as Rules 13, 14, 15, and 22.2 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules). Specifically, virtually no natural light enters the rooms for temporary stay of persons held in custody in the reception and transfer unit, as the cell windows are located at a significant height and are small in size. In rooms No. 2 and 3, the mechanical ventilation is not working.

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. Furthermore, the lack of sunlight and fresh air creates conditions favourable for the spread of diseases, in particular tuberculosis (CPT/Inf (2001) 16) Clause 30).

Contrary to the requirements of Rule 22.5 of the European Prison Rules and the Provision Standards, rooms No. 2, 3, and 4 are not equipped with a drinking water tank. Sanitary facilities are not equipped with proper partitions and doors, which makes ensuring privacy impossible.

12. Clause 4, Chapter 2, Section III of the PTDC Regulations provides for the use of audiovisual, electronic, and other technical means for the purpose of ensuring safety, preventing escapes, the commission of criminal offences, and violations of the established order of detention. During the inspection of certain cell premises of the institution, the monitoring group recorded the installation of video surveillance cameras. At the same time, the Committee's 2012 report noted that video surveillance in residential premises constitutes a significant interference with the privacy of prisoners and makes the detention regime more repressive, especially in the case of its prolonged use (CPT/Inf (2013) 23) Clause 52).

13. During the inspection of cell premises, violations of Rules 13, 14, 15, and 22.2 of the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules) were discovered, 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. Thus, contrary to Rule 18.1 of the European Prison Rules, in cell premises No. 5 and 43, beds are positioned close to one another, which deprives prisoners of necessary personal space.

Due to the excessive bars and small size of the windows in certain cell premises, a proper level of natural light is not provided.

Furthermore, contrary to Rule 22.5 of the European Prison Rules, instances of the failure to fill drinking water tanks were established, as a result of which prisoners are forced to consume technical water from the central water supply.

14. 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 PTDC Regulations, prisoners are not fully provided with adequate living and household conditions that comply with sanitation and hygiene rules.

Specifically, in the cell premises, prisoners are forced to wash and dry clothes, which indicates the inadequate organisation of laundry and bathing services. Excessive dampness and mould are present on the ceilings and walls of certain cells as a result of water ingress.

At the same time, in the report on the 2023 visit, 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 held in custody has at least 4 m² of residential floor space (excluding the area occupied by in-cell toilets); to maintain all areas where convicts and persons held in custody are housed, including sanitary facilities, in a proper state of repair and hygiene; to ensure regular and frequent disinfestation; to ensure sufficient access to natural light and ventilation in the cells; and to fully equip internal sanitary facilities with partitions (i.e., from floor to ceiling) (CPT/Inf (2024) 20) Clause 58).

15. During the visit to the social and psychological service (hereinafter — SPS) department for convicts retained for maintenance work, the placement of individual cards on clothing lockers indicating a brief description of the crimes committed by the persons using these lockers was recorded. In its report on the 2020 visit to Ukraine, under similar circumstances, the Committee noted that this practice should be discontinued, as it serves no reasonable purpose and, besides stigmatisation, has the effect of worsening relationships between prisoners and prison staff (CPT/Inf (2020) 40) Clause 52).

16. The institution's administration has not fully ensured the right of convicts retained for maintenance work to access the Internet, and the procedure for granting such access only partially complies with established requirements. In particular, convicts who work the second shift are, contrary to the requirements of Paragraph 8, Part 7, Article 110 of the Penal Enforcement Code of Ukraine, effectively deprived of the opportunity to use Internet access. According to the daily schedule for convicts retained for maintenance work, Internet access is provided daily from 17:00 to 18:00. At the same time, according to the standard daily schedule for detainees and convicts held in a PTDC (Annex 11 to the PTDC Regulations), dinner is scheduled for the period between 18:00 and 18:30, with a significant portion of such convicts engaged in work in the catering unit, which effectively makes it impossible for them to exercise their right to use the Internet.

17. The premises of the SPS department for convicts retained for maintenance work do not fully comply with the requirements of the Provision Standards. In particular, the following rooms are missing: a room for storing personal belongings; a room for storing the exchange stock of bedding, clothing, and special protective clothing; a storeroom for the temporary storage of soiled bedding, clothing, and special protective clothing; a household room; and a drying room. The absence of necessary rooms leads to a violation of sanitary and hygienic standards. Thus, the improper organisation of personal belonging storage complicates the maintenance of cleanliness and order in the premises where convicts are held, which worsens the overall sanitary situation in the institution.

18. During the visit to the SPS department for convicts retained for maintenance work, the absence of visual information indicating the postal and email address of the European Court of Human Rights was established. This contradicts the requirements of Clause 14, Chapter 2, Section II of the PTDC Regulations.

19. According to Clause 7, Section III of the Regulation on the Organisation of Food Provision in the State Penitentiary Service of Ukraine in Peacetime, approved by the Order of the Ministry of Justice of Ukraine dated 15.06.2021 No. 2160/5 (hereinafter — Food Provision Regulation), when moving persons provided with food in institutions, such persons are issued a set of dry rations, in particular to convicts and detainees transferred from one pre-trial detention centre to another, from a pre-trial detention centre to a place of serving a sentence, from one place of serving a sentence to another, as well as to persons released from serving a sentence who are travelling to their place of residence, and in cases where the preparation of hot food is impossible. According to Clause 6, Chapter 4, Section IV of the PTDC Regulations, detainees and convicts must receive a food ration before being sent to participate in criminal proceedings outside the PTDC.

However, based on an analysis of official documentation and interviews with detainees, the monitoring group established that the issuance of food rations to individuals leaving the institution is effectively not carried out. Specifically, the Logbook for Food Rations issued to detainees and convicts before transfer outside the PTDC has not been maintained since 2024.

20. In violation of the requirements of Clause 1, Chapter 1, Section VI of the PTDC Regulations, the institution's administration has not ensured the functioning of a shop for detainees and convicts to purchase food products and essential items.

21. The monitoring group established a number of violations in the organisation of laundry and bathing services for convicts and persons held in custody.

In particular, during the visit, it was established that the duty medical staff member does not ensure the supervision of the order during the bathing of convicts and detainees in the bathhouse, nor do they control the cleaning, disinfection of premises, and medical examinations provided for by Clauses 3.10 and 3.11 of the Regulation on the Organisation of Laundry and Bathing 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 — Laundry and Bathing Regulation).

22. The monitoring group established that female detainees only have the opportunity to visit the bathhouse once a week. This violates the requirements of Clause 19.4 of the European Prison Rules and Clause 3.1 of the Laundry and Bathing Regulation.

23. In violation of the requirements of Annex 3 to the Laundry and Bathing Regulation, the laundry facility lacks a shower for staff.

24. During the visit, the monitoring group recorded that the institution's staff who have direct contact with convicts openly carry special equipment, including rubber batons. At the same time, according to Paragraph 8, Clause 8, Chapter 1, Section V of the PTDC Regulations, the carrying of special equipment by PTDC staff within the guarded territory of the PTDC should be as concealed as possible from those around them. Furthermore, the Committee recommends that prison officers working in direct contact with prisoners should not openly carry special equipment (such as rubber batons, handcuffs, and tear gas canisters) in front of prisoners, as such carrying hinders the establishment of normal relationships between staff and prisoners (CPT/Inf (2011) 29) Clause 85; (CPT/Inf (2013) 23) Clause 23; (CPT/Inf (2014) 15) Clause 166).

25. According to information provided by the administration, from the beginning of 2026 as of 23.04.2026, 87 short-term visits were granted to detainees and convicts at the state institution “Sumy Pre-trial Detention Centre”, of which 69 took place in a non-contact manner — through continuous partition glass using an intercom device.

At the same time, in the report of the Government of Ukraine following the 2023 visit, 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 visits the exception, the use of which is permitted only on the basis of substantiated and reasoned decisions following an individual assessment of the potential risk posed by a specific convict. In this regard, the Committee calls on the Ukrainian authorities to review the procedure for conducting short-term visits in penal institutions with the aim of ensuring that they are held, as a rule, in open conditions (CPT/Inf (2024) 20) Clause 99).

26. According to official documentation, the staff shortage at the institution as of 23.04.2026 amounts to 23 authorised positions. At the same time, in the report of the Government of Ukraine following the 2023 visit, the Committee emphasises that ensuring a positive climate in a penal institution requires a professional team of staff who must be present in sufficient numbers at any given time in places of detention. An insufficient number of staff can only increase the risk of violence and intimidation between convicts. A lack of “front-line” staff also undermines the quality and standard of activities 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 staff in Ukrainian penal institutions where low staffing levels are observed, with the aim of strengthening the presence of security and supervision service staff inside the institutions. Measures must also be taken to put an end to 24-hour shifts for duty staff (CPT/Inf (2024) 20) Clause 93).

27. During the monitoring visit to the Pre-trial Detention Centre, it was established that the premises of the reception and transfer unit are used to shelter detainees and convicts when an “Air Alert” signal is announced.

According to the institution's administration, the aforementioned premises are equipped with a second emergency exit, a sewage system, and mechanical ventilation, which is in working order. No signs of flooding were detected in the premises during the visit. At the same time, the monitoring group draws attention to the fact that the reception and transfer unit, by its functional purpose, is used for the temporary holding of persons who have arrived at or are departing from the institution, and not as a civil defence shelter. The use of the aforementioned premises as a shelter is dictated by the necessity of ensuring the safety of individuals in conditions of armed aggression, yet this does not in itself change its primary purpose.

In accordance with Clause 2 of the Procedure for the creation and maintenance of a fund of civil defence structures and keeping records thereof, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 10.03.2017 No. 138, civil defence structures are intended for the protection of the population from dangerous factors arising as a result of emergencies, military actions, or terrorist acts. Furthermore, such structures must meet established requirements regarding engineering equipment and the possibility for people to stay there for prolonged periods.

In this regard, the use of the reception and transfer unit premises as a shelter indicates the absence of a separate civil defence structure in the institution intended for sheltering detainees and convicts, which requires taking measures for the creation or fitting-out of premises that will meet the requirements of legislation in the field of civil defence in terms of their functional purpose and technical characteristics.

28. During the monitoring visit, the monitoring group investigated the issue of compliance with the right to work and social protection of persons held in the Pre-trial Detention Centre. In this aspect, labour contracts, staffing tables, timesheets, payroll ledgers, and wage records were analysed, and interviews were conducted with individuals engaged in work.

According to information from the institution's administration, 33 convicts and 14 detainees are engaged in paid work. Labour contracts have been concluded with all individuals. The monitoring group established that work is organised in the catering unit, the bakery, the laundry, repair units, and production workshops, where mechanical assembly work, bag manufacturing, garment production, and other products are carried out. According to the 2026 staffing table, 17 positions are provided for convicts, including cooks, agricultural workers, bakers, general labourers, building maintenance workers, a hairdresser, a shoe repairman, a butcher, a vocational training instructor, and other workers.

An analysis of timesheets and payroll records indicates that, in most cases, the duration of working hours does not exceed the norms established by law, and wages are accrued officially with the reflection of personal income tax and the military levy. For example, a workshop worker, K., who worked 176 hours and produced 3,520 units of products, was accrued 9,518.08 UAH. Most workers in mechanical assembly workshops who worked the full monthly fund of working hours were accrued 9,142.47 UAH, and after mandatory deductions, about 3,839.84 UAH was credited to their personal accounts. The examined documents also contain information regarding the withholding of personal income tax and the military levy.

Thus, unlike the results of the previous monitoring visit in 2025, during which signs of systemic violations related to low wage levels, the lack of proper documentary confirmation of social guarantees, and a significant number of detainees engaged in work in production workshops were established, the documents provided in 2026 indicate a significant improvement in the organisation of labour and accounting. The materials examined do not provide sufficient grounds for the conclusion that there are systemic violations regarding the level of remuneration or the duration of working hours.

At the same time, the analysis of the content of labour contracts allowed for the identification of a number of systemic issues. All examined contracts are concluded as fixed-term, despite the fact that a significant portion of the work is of a permanent nature. This applies, in particular, to the work of cooks, bakers, catering staff, cleaners, locksmiths, seamstresses, workshop workers, and other activities carried out in the institution on a permanent basis. Such an approach does not fully align with the provisions of Article 23 of the Labour Code of Ukraine, according to which a fixed-term labour contract is applied only in cases where labour relations cannot be established for an indefinite period, taking into account the nature of the work, the conditions of its performance, or the interests of the employee.

Furthermore, the examined contracts are predominantly formal and standardised in nature. Their content essentially reproduces the provisions of legislation and Internal Regulations, without specifying a number of essential working conditions. In particular, the contracts lack provisions regarding the procedure for granting leave, social insurance, the mechanism for accruing pensionable service, guarantees in case of temporary incapacity for work, specifics of occupational safety, the procedure for conducting briefings, the provision of special clothing and personal protective equipment, as well as other elements that are an essential component of an employee's labour rights.

Also, the examined labour contracts lack any provisions regarding compulsory state social insurance and the payment of the single contribution for compulsory state social insurance. Although wage records indicate the official nature of the labour relations, the contracts themselves contain no mention of social protection guarantees provided for by Articles 43 and 46 of the Constitution of Ukraine, the Law of Ukraine “On Compulsory State Social Insurance”, and the Law of Ukraine “On Collection and Accounting of the Single Contribution for Compulsory State Social Insurance”.

Moreover, the content of the contracts indicates the use of uniform template forms for both convicts and detainees, which does not take into account the specifics of the legal status of these categories of persons. At the same time, the legal regime of work for convicts is regulated by Articles 118–122 of the Penal Enforcement Code of Ukraine, whereas the engagement of detainees in work is carried out in accordance with Article 16 of the Law of Ukraine “On Pre-trial Detention”. The absence of a differentiated approach to the regulation of labour relations may lead to a blurring of different legal regimes and creates risks of violating the principle of legal certainty.

At the same time, the issue of ensuring the right to social protection requires separate attention. The analysis of wage records indicates that mandatory tax deductions are made, which indirectly confirms the official nature of the labour relations and the existence of grounds for the payment of the single contribution for compulsory state social insurance. However, the monitoring group was not provided with documents that would allow for the verification of the actual accrual and payment of the single contribution for compulsory state social insurance for each employee, nor for the confirmation of the accrual of pensionable service, the right to receive benefits in case of temporary incapacity for work, insurance payments in case of an industrial accident, and other guarantees provided for by the Law of Ukraine “On Compulsory State Social Insurance”.

Furthermore, the examined labour contracts do not contain any provisions regarding social insurance or the procedure for exercising the relevant rights and guarantees of employees. Under such conditions, despite signs of official employment and the absence of established violations in remuneration, the system for ensuring social protection of persons engaged in work remains insufficiently regulated at the local level and does not ensure proper legal certainty regarding the realisation of the right to social insurance, guaranteed by Article 46 of the Constitution of Ukraine and the Law of Ukraine “On Compulsory State Social Insurance”.

Consequently, the results of the research indicate positive changes in the organisation of labour and remuneration compared to the previous monitoring visit. At the same time, the analysis of the local regulatory framework and the content of labour contracts allows one to conclude that there are certain systemic deficiencies in the legal regulation of the labour of convicts and detainees. The application of fixed-term labour contracts to work of a permanent nature, the formal and standardised content of the contracts, the lack of proper regulation of social insurance issues, and the insufficient consideration of the specific legal status of convicts and detainees do not fully comply with the principles of legal certainty and the proper provision of the right to work and social protection enshrined in the Constitution of Ukraine, the Labour Code of Ukraine, the Penal Enforcement Code of Ukraine, the Law of Ukraine “On Pre-trial Detention”, the UN Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules), and the European Prison Rules.

Sumy City Medical Unit of the branch of the state institution “Centre for Health Care of the State Penitentiary Service of Ukraine” in the Sumy Region

Head of the Sumy City Medical Unit of the branch of the state institution “Centre for Health Care of the State Penitentiary Service of Ukraine” in the Sumy Region — Nataliia Vasylivna Kurilina.

As of 23.04.2026, the following positions remain vacant on the medical unit staff: clinical psychologist — 0.5 of a staffing unit; narcologist — 0.5 of a staffing unit.

During the monitoring visit, the monitoring group studied medical documentation, inspected the premises of the medical unit, and conducted individual interviews (surveys) with convicts and persons held in custody, as a result of which shortcomings in the organisation of medical care were established, leading to violations of the rights of the aforementioned persons.

1. During the visit, the monitoring group established that medical staff do not ensure the proper recording and documentation of bodily injuries sustained by persons deprived of their liberty.

In accordance with Clause 2.11 of Section II of the Procedure for the interaction of health care institutions of the State Penitentiary Service of Ukraine with health care institutions regarding the provision of medical assistance to persons held in custody, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 10.02.2012 No. 239/5/104 (hereinafter — the Procedure), in the event of bodily injuries being discovered on a person held in custody, the medical worker who discovered such injuries shall draw up a certificate in three copies, in which the following are detailed:

• information (a written statement, oral or written explanation of the convict, concerning the circumstances of receiving the bodily injuries (date, time, place of receipt, methods of causing the injuries, information about the person(s) who, in the opinion of the convict, caused them), as well as other information regarding the receipt of bodily injuries);
• an exhaustive description of the medical indicators characterising the health status of the convict, the nature of the injuries, their size, and location;
• the assumption of the medical worker based on the information provided by the convict and the medical indicators, as well as the justification of their correlation.

Attached to the certificate by the medical worker shall be primary registration document 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 included in the materials of the personal file and outpatient medical record No. 025/o; the third copy is issued personally to the convict who underwent the examination.

Instead, as established during the monitoring visit, in cases where bodily injuries are discovered, medical staff only fill out primary registration document form No. 511/o without drawing up a certificate in three copies and without performing 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 an inadequate organisation of medical recording of bodily injuries.

At the same time, the lack of proper recording of bodily injuries does not comply with Clause 60 of the Committee's recommendations, according to which medical services in places of detention should contribute to the prevention of violence through systematic registration of bodily injuries, as well as, if necessary, informing the competent authorities (CPT/Inf (93) 12).

2. In violation of the requirements of Clause 4, Chapter 1, Section X 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 — PTDC Regulations), as well as the Regulation on the Sumy City Medical Unit of the branch of the state institution “Centre for Health Care of the State Penitentiary Service of Ukraine” in the Sumy Region, the provision of inpatient medical assistance in full is not organised in the medical unit. Specifically, inpatient medical assistance is provided only to patients with tuberculosis, which is confirmed by entries in the logbook of admission, discharge, and refusal of hospitalisation.

This leads to limited access for convicts and persons held in custody to proper medical supervision and treatment in inpatient conditions, which can cause a deterioration in their health, the aggravation of chronic diseases, and an increase in health-related risks, violating their right to health protection and medical care guaranteed by Article 49 of the Constitution of Ukraine.

Furthermore, this contradicts Clause 38 of the Committee's recommendations, which states that medical services in places of detention must be capable of ensuring medical care and treatment, as well as an appropriate diet, physiotherapy, rehabilitation, or any other special care at the same level as that offered to patients in civilian medical institutions. Provision must be made for a sufficient number of medical, auxiliary, and technical staff, as well as appropriate premises, equipment, and apparatus (CPT/Inf (93) 12).

3. In violation of Clause 4, Chapter 1, Section X of the PTDC Regulations, there is no equipped isolation unit for holding persons with mental disorders in the medical unit infirmary.

4. The clinical psychologist position is absent on the medical unit staff, which complicates the timely and effective provision of medical assistance in the field of mental health to convicts. In the report following the 2023 visit to Ukraine, the Committee recommends further strengthening the provision of psychological assistance in institutions, as well as developing the training and role of prison psychologists, especially in terms of therapeutic clinical work with convicts. In this context, efforts must be made to recruit 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) Clause 85).

5. The medical unit includes infectious disease isolation units for placing persons suffering from tuberculosis. At the same time, in violation of the Measures and means for preventing infection during patient care, approved by the order of the Ministry of Health of Ukraine dated 03.08.2020 No. 1777, as well as Clause 4, Chapter 1, Section X of the PTDC Regulations, there is no isolation unit equipped for patients with intestinal infections in the medical unit, which makes it impossible to place such patients separately from each other and from other convicts and detainees simultaneously.

6. During the visit, it was established that persons suffering from tuberculosis are held in cell premises No. 67, which is not intended for the isolation of persons with infectious diseases and is located next to cells where other detainees are held. Such placement does not ensure proper isolation of patients and does not meet the requirements of infection control, which creates a real risk of the spread of tuberculosis infection among detainees and the institution's staff, thereby violating the requirements of Clause 2 of Section II of the Standard of Infection Control for Health Care Institutions providing assistance to tuberculosis patients, approved by the order of the Ministry of Health of Ukraine dated 01.02.2019 No. 287 (hereinafter — the Standard).

7. In violation of the requirements of Clause 2 of Section II of the Standard, the requirements for the isolation of persons suffering from tuberculosis are not met in the medical unit; in particular, cell-ward No. 67 is used for more than one or two persons: 1 ward-cell with 4 bed spaces.

8. In violation of the requirements of the Standards of Medical Care for Viral Hepatitis C in Adults, approved by the order of the Ministry of Health of Ukraine dated 23.07.2025 No. 1178, not all persons (45 persons as of 23.04.2026) suspected of having viral hepatitis C are undergoing the necessary PCR testing, as a result of which they are not receiving proper treatment, which can lead to a deterioration in their health and the spread of the aforementioned infectious disease among convicts and persons in custody.

9. In violation of the requirements of the Equipment Supply Schedule for a dental workstation and dental technician, approved by the order of the Ministry of Health of Ukraine dated 11.04.2005 No. 158, there is no dental X-ray machine in the medical unit, which makes it impossible to conduct an in-depth dental examination of convicts and does not ensure the timely provision of proper dental care.

10. There are no separate offices for a gynaecologist, a therapist, an infectious disease specialist, a psychiatrist, or other specialists in the medical unit. Thus, the examination of convicts and detainees by a gynaecologist is conducted in the X-ray room's procedure room, and the aforementioned doctors of other specialties conduct examinations in the outpatient reception room. Such an organisation of work does not ensure a proper level of confidentiality and may lead to a violation of patients' right to privacy during medical examinations. (Photo 43)

11. According to Clause 10, Chapter 2, Section IX of the PTDC Regulations, convicts retained in the Pre-trial Detention Centre for maintenance work are subject to a mandatory preventive medical examination in accordance with the requirements of the Resolution of the Cabinet of Ministers of Ukraine dated 23.05.2001 No. 559 “On approval of the list of professions, production and organisations whose employees are subject to mandatory preventive medical examinations, the procedure for conducting these examinations and issuing personal medical books”.

For each convict of the specified category, primary registration document form No. 1-OMK “Personal Medical Book”, approved by the order of the Ministry of Health of Ukraine dated 21.02.2013 No. 150, registered with the Ministry of Justice of Ukraine on 23.04.2013 under No. 662/23194, is opened.

At the same time, during the inspection of available personal medical books of convicts working in the canteen, it was established that these workers had not undergone an examination by an otolaryngologist, which violates the requirements of Clause 6 of the Rules for conducting mandatory preventive medical examinations of employees of certain professions, production and organisations whose activities are related to public service and can lead to the spread of infectious diseases, approved by the order of the Ministry of Health of Ukraine dated 23.07.2002 No. 280 (as amended by the order of the Ministry of Health of Ukraine dated 21.02.2013 No. 150).

12. 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.

13. 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 conducting economic activities in medical practice”, there is no expert opinion in the medical unit confirming free access to the buildings and premises of the medical institution for low-mobility groups of the population, the receipt of which is mandatory.

14. In violation of the requirements of Clause 2.23, Chapter 2 of the State Sanitary Rules and Norms “Hygienic requirements for the arrangement and operation of X-ray rooms 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, the presence of extraneous equipment was discovered in the procedure room, which is not intended for use in this room.

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 premises of the medical unit are not equipped with fire extinguishing and fire alarm systems, except for the pharmacy and the OAT (Opioid Agonist Treatment) room.

Recommendations:

1. Ensure compliance with the residential floor space standard per person established by law in all cell premises, bring the actual number of sleeping places in cells into line with the permissible capacity, and do not allow the placement of detainees in excess of established norms.

2. Cease the use of punishment cell premises with an area of less than 6 m² excluding the sanitary facility, or in which the distance between walls is less than 2 metres, until they are brought into compliance with international standards.

3. Ensure proper arrangement of punishment cell premises, in particular, create conditions for free movement within the cell, proper natural light, access to drinking water, and privacy when using the sanitary facility.

4. Dismantle or take out of use the devices for fixing folding beds to the wall in punishment cells if their use is not provided for by regulatory legal acts.

5. Display full visual information in the punishment cell and SPS department containing contact details of public authorities, the prosecutor's office, the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, the European Court of Human Rights, and the free legal aid system.

6. Ensure proper separate detention of detainees in accordance with the requirements of the Law of Ukraine “On Pre-trial Detention” and international standards, taking into account the nature of the incriminated criminal offence, risks to personal safety, and principles of dynamic security.

7. Cease the practice of placing persons in reception and transfer unit premises in excess of the established capacity and ensure that temporary stay in such premises does not create conditions that degrade human dignity.

8. Bring the premises of the reception and transfer unit into compliance with requirements regarding natural light, ventilation, access to drinking water, and privacy when using the sanitary facility.

9. Review the practice of installing video surveillance in residential cell premises with the aim of preventing unjustified interference with the privacy of detainees.

10. Ensure proper material and living conditions in cell premises, eliminate dampness, mould, and water ingress, and ensure proper ventilation, natural light, and the sanitary condition of the cells.

11. Organise proper laundry and bathing services so that detainees are not forced to wash and dry clothes directly in the cell premises.

12. Cease the practice of placing individual cards on the lockers of convicts indicating a brief description of the crimes they committed, as this has a stigmatising effect.

13. Ensure convicts retained for maintenance work have a realistic opportunity to use the Internet, including those who work the second shift or are engaged in the catering unit.

14. Equip necessary household and auxiliary rooms in the SPS department, including a room for storing personal belongings, a room for the exchange stock of bedding and special protective clothing, a storeroom for soiled laundry, a household room, and a drying room.

15. Resume the maintenance of the food rations logbook issued to detainees and convicts before transfer outside the Pre-trial Detention Centre and ensure the actual issuance of food packages in cases provided for by law.

16. Ensure the operation of a shop for detainees and convicts to purchase food products and essential items.

17. Eliminate violations in the organisation of laundry and bathing services, ensure medical supervision of the bathing of persons in the bathhouse, the cleaning and disinfection of premises, and the conducting of mandatory medical examinations.

18. Ensure the opportunity for female persons to visit the bathhouse in accordance with the requirements of national regulatory acts and European Prison Rules.

19. Equip a shower for staff in the laundry facility in accordance with the requirements of the Regulation on the organisation of laundry and bathing services.

20. Ensure the concealed carrying of special equipment by the institution's staff and cease the practice of open carrying of rubber batons by staff who have direct contact with detainees and convicts.

21. Review the practice of conducting short-term visits and ensure that open visits are the rule, and non-contact visits are applied only as an exception following an individual risk assessment.

22. Take measures to reduce the staff shortage and strengthen the presence of security and supervision service staff inside the institution.

23. Ensure the creation or fitting-out of a civil defence structure for sheltering detainees and convicts which, by its functional purpose and technical characteristics, will meet the requirements of legislation in the field of civil defence, instead of using the reception and transfer unit for this purpose.

24. Bring the content of fixed-term labour contracts into compliance with the requirements of labour legislation and social protection legislation, providing for the proper regulation of issues of compulsory state social insurance, occupational safety, and other socio-labour guarantees.

25. Ensure a differentiated approach to formalising labour relations with convicts and persons held in custody, taking into account the specifics of their legal status defined by the Penal Enforcement Code of Ukraine and the Law of Ukraine “On Pre-trial Detention”.

26. Consider the expediency of applying fixed-term labour contracts to work of a permanent nature and ensure their conclusion in accordance with the requirements of Article 23 of the Labour Code of Ukraine.

27. Ensure proper information of working persons regarding their rights in the field of compulsory state social insurance, the procedure for accruing pensionable service, and the realisation of other social protection guarantees provided for by the legislation of Ukraine.

28. Ensure documentary confirmation of the realisation of the right of working convicts and detainees to social insurance, in particular by maintaining and storing documents that confirm the accrual and payment of the single contribution for compulsory state social insurance, as well as the inclusion of relevant work periods in pensionable service.

29. Take measures aimed at eliminating discovered human rights violations and preventing torture, other cruel, inhuman, or degrading treatment or punishment in the Sumy City Medical Unit of the branch of the state institution “Centre for Health Care of the State Penitentiary Service of Ukraine” in the Sumy Region.

30. Ensure control over the proper maintenance of medical documentation in accordance with the Procedure for the interaction of health care institutions of the State Penitentiary Service of Ukraine with health care institutions regarding the provision of medical assistance to persons held in custody, approved by the joint order of the Ministry of Justice of Ukraine and the Ministry of Health of Ukraine dated 10.02.2012 No. 239/5/104, the Procedure for the organisation of medical assistance to persons 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.

31. Ensure the medical institution is staffed with specialist doctors according to needs.

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

33. Ensure the organisation of inpatient medical care in the medical unit in accordance with the requirements of the Pre-trial Detention Centre's internal regulations and the Regulation on the Sumy City Medical Unit of the branch of the state institution “Centre for Health Care of the State Penitentiary Service of Ukraine” in the Sumy Region.

34. Ensure the isolation unit for persons with mental and behavioural disorders is equipped in accordance with established requirements.

35. Ensure adherence to infection control measures in the medical unit.

36. Ensure adherence to the requirements for the isolation of patients with tuberculosis in accordance with the Standard.

37. Equip the medical unit with necessary diagnostic equipment, including a dental X-ray machine.

38. Ensure that convicts retained for maintenance work, particularly those in the canteen, undergo the full scope of mandatory preventive medical examinations in compliance with current legislation, including an examination by an otolaryngologist.

39. Bring the procedure room into compliance with the requirements of the State Sanitary Rules and Norms “Hygienic requirements for the arrangement and operation of X-ray rooms and the conducting of X-ray procedures”.

40. Arrange separate offices for doctors, adhering to the requirements of confidentiality and patients' right to privacy during medical examinations.

41. Equip isolation units for persons suffering from infectious diseases in the medical unit in accordance with established legislative requirements.

42. Ensure the provision of necessary antiviral treatment to persons with chronic viral hepatitis C within the shortest possible time.

43. Fulfil the requirements of Clause 37 of the Cabinet of Ministers of Ukraine Resolution No. 285 dated 02.03.2016, “On approval of Licensing Conditions for conducting economic activities in medical practice”.

44. 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”.

45. Ensure the proper operation of the telemedicine complex for doctors to carry out requests for telemedicine consultations.

46. Equip the medical unit with necessary diagnostic equipment, including a dental X-ray machine.

46. Equip the facility with a fire safety system in accordance with established requirements.