THE PENITENTIARY SYSTEM OF UKRAINE IN 2020. A Statistical Review (Draft Version)

In the places of deprivation of liberty of the criminal executive system of Ukraine controlled by the Ukrainian government – that is, excluding institutions in Crimea and the occupied parts of Donetsk and Luhansk regions – according to data provided to ‘Donetsk Memorial’ by the Administration of the State Criminal Executive Service of Ukraine, as of 1 January 2021, 49,823 persons were being held (SCES Letter No. 3/1-32-21/5-Pi dated 26 January 2021; here and hereinafter, figures in parentheses indicate the status as of 1 January 2020 – 52,863 persons). Over the year, the number of persons in places of deprivation of liberty decreased by 3,040 (2,215), or by –5.75% (–4.02%).

The dynamics of the number of persons in the institutions of the criminal executive system over the past seven years are shown in Table 1 below.

Table 1

* estimated data including institutions in the occupied territory of Donbas.

The prisoner rate per 100,000 of the population for Ukraine is 120. This is calculated based on the population of Ukraine, which according to official data stood at 41.6 million as of 1 January 2021.

As of 1 January 2021, 16,673 persons were held in custody in 12 active pre-trial detention centres and 17 correctional institutions with the function of a pre-trial detention centre (former pre-trial detention centres – Author’s note) (compared to 17,502 a year ago), including 997 women (1,014 a year ago). The number of juveniles in pre-trial detention centres was 127 (138 a year ago). Thus, over the year, the total number of persons held in custody decreased by 829 (having decreased by 528 the year before), or by –4.74% (–2.93%).

In 2020, 8,656 persons did not end up in correctional institutions from pre-trial detention centres and were released from them (compared to 9,369 in the previous year). Among the main reasons for release from pre-trial detention centres during 2020 were: a change of preventive measure to a more lenient one – 4,629 persons (compared to 4,998 a year ago); sentencing to imprisonment but for a relatively short term – as a rule, a term that the detained person had already served while in pre-trial detention – 471 persons (546); the imposition of non-custodial sentences – 943 persons (1,001 a year ago); and due to the dismissal of cases by courts or acquittals – 30 persons (31 a year ago).

Statistical data regarding the reasons for release from pre-trial detention centres in recent years are presented in Table 2.

Table 2

The number of convicted persons in 2020 decreased from 35,361 to 33,150, i.e. by 2,211 persons (by 1,687 in the previous year), or by –6.25% (–4.55%). Of these, 65 are serving sentences in juvenile correctional facilities (88 a year ago), with 37 of them under the age of 18 (42 a year ago).

The number of convicted women serving sentences in criminal executive institutions is 1,478 (compared to 1,592 a year ago).

The number of life-sentenced prisoners as of 1 January 2021 was 1,541 (1,536 a year ago, 1,572 three years ago), including 23 women. During the year, the number of life-sentenced prisoners increased by 5.

During 2020, 12,957 persons were admitted to institutions, 12,934 left, and 485 died. Thus, there should have been a decrease of 462 persons in the institutions, whereas according to other data, their number decreased by 3,040. The SCES must explain these discrepancies. A corresponding inquiry has been sent to the agency.

In 2020, 4,400 persons were released on parole (4,895 a year ago, 9,244 four years ago) out of a total of 12,000 who formally qualified for parole (13,109 a year ago). This constitutes 36.67% of those who formally qualified for parole. It is worth noting that this figure stood at 37.34% a year ago, 37.8% two years ago, 38.22% three years ago, 41.15% four years ago, 47.2% five years ago, and 53.5% six years ago. The trend is obvious, and it would be interesting to know its causes as well.

According to information provided by the Department for Citizenship, Pardons, and State Awards of the Office of the President of Ukraine, during 2020, 975 (1,121) petitions for pardon were received regarding 592 (688) convicts. The Presidential Pardon Commission of Ukraine held four (eight) meetings during the year, at which petitions for the pardon of 269 (348) convicts were considered. In 2020, the President of Ukraine issued two (eight) decrees granting pardons to 10 (97) convicted persons. Information regarding what proportion of these individuals were pardoned as part of hostage exchange agreements, and what proportion fell outside this scope, was refused. There were no press conferences, briefings, or even press releases issued regarding pardons during 2020, nor were any media publications initiated on these issues.

The number of able-bodied persons in correctional institutions as of 1 January 2021 was 19,002 (21,169 a year ago), or 57.32% (59.9%) of all convicted persons. Of these, 6,101 persons were provided with work (compared to 7,917 a year ago). This constitutes 32.11% of the able-bodied population (37.4% as of 1 January 2020) and 18.40% of the total number of convicts (22.4% a year ago). The average monthly salary of employed convicts in 2020 was UAH 2,067.

One indicator of the complexity of issues in the medical sphere and the provision of healthcare services is the rate of morbidity, mortality, and the number of suicides in the agency’s institutions.

During 2020, 485 persons died in correctional institutions (517 persons), of whom 179 died in pre-trial detention centres and correctional facilities acting as pre-trial facilities (198 persons). The number of suicide cases across all places of deprivation of liberty in 2020 was 52 (51), of which 13 cases occurred in pre-trial detention centres and correctional facilities acting as pre-trial facilities (19 persons).

The number of prisoners suffering from tuberculosis at the end of 2020 was 886 (1,113), including 214 (247) in pre-trial detention centres and correctional facilities acting as pre-trial facilities. Per 1,000 prisoners, the number of such patients decreased significantly over 2020 from 21.05 to 17.78.

The number of HIV-infected persons increased in 2020, rising from 3,824 to 3,901, with 1,172 held in pre-trial detention centres and correctional facilities acting as pre-trial facilities (1,077). Calculated per 1,000 prisoners, this figure rose significantly from 72.34 to 78.30.

The dynamics of these indicators over the past eight years are shown in Table 3.

Table 3

Morbidity and mortality in the institutions of the Department in 2003, 2012, and 2016–2020

As of 1 January 2020, 1,244 persons with disabilities were held in correctional institutions (1,300 a year ago), including 220 in pre-trial detention centres and correctional facilities acting as pre-trial facilities (210).

Information on the number of persons registered with probation bodies was not provided, despite an inquiry sent to the Probation Centre.

One indication of the level of compliance with the law during the detention of prisoners is the number of violations by institution staff detected by prosecution bodies when supervising compliance with legislation. While it is impossible to estimate the true number of such cases, the results of the activities of prosecution bodies provide some idea of the scale of this phenomenon.

During 2020, 2,136 staff members of pre-trial detention centres and correctional colonies were held disciplinarily, administratively, and financially liable (compared to 1,913 persons).

As for the commission of criminal offences by SCES staff, according to the reporting data provided by the Prosecutor General’s Office of Ukraine, 32 SCES employees were prosecuted during 2020 (compared to 47 in the previous year).

Detained persons are also held under some other government agencies.

In 2020, the territorial bodies of the police had 129 temporary holding facilities (ITTs) (compared to 136) with a total capacity limit of 2,900 places (2,990 places). As of 1 January 2021, 147 persons were held in them (280 persons). In total, during 2020, 53,700 persons were held in ITTs (67,500) (Letter No. 85/37/2/02-2021 dated 14 January 2021).

During 2020, 4 (5) arrested and remanded persons died in ITTs, of whom 2 (4) died as a result of suicide, and another 2 (1) from natural causes.

In 2020, 55 police officers died (54 a year ago), including 48 officers in circumstances unrelated to the performance of their official duties (51 in the previous year) and 7 officers in circumstances related to the performance of their official duties (3 a year ago).

The SBU operates one temporary holding facility in Kyiv for holding persons suspected of preparing or conducting intelligence, subversive, or terrorist activities and committing other crimes, the investigation of which falls under the competence of the SBU. The capacity of the facility is 48 persons. As of 1 January 2021, 14 persons were held in it (compared to 5 in the previous year), and in total, during 2020, 77 persons were held there (127). No deaths among detainees occurred in 2020 (SBU Letter No. 23/B-1-P/36/29 dated 13 January 2021).

Children who have committed crimes under the age of 14 are sent to schools and vocational schools of social rehabilitation. These institutions are subordinated to the Ministry of Education and Science of Ukraine. Currently, two such institutions are operating: the Komyshuvakha Social Rehabilitation School for Boys in the Zaporizhzhia region (designed for 160 children), which housed 8 boys as of 1 January 2021; and the Makiivka Vocational Social Rehabilitation School for Boys, temporarily housed in the Balakhivka Social Rehabilitation School in the Kirovohrad region (designed for 180 children), which housed 5 boys (Letter No. 5/16-21 dated 14 January 2021).

Following clarification and additions, this material will be used in compiling the Report ‘Observance of Prisoners’ Rights in Ukraine in 2020’.