Ukrainian Parliament Commissioner for Human Rights

MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: Status of implementation of the national preventive mechanism

REPORT for Monitoring of custodial settings in Ukraine: Status of implementation of the national preventive mechanism. REPORT for 2013/ Ukrainian Parliament Commissioner for Human Rights. Kyiv, 2013. -- 204

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Secretariat of Ukrainian Parliament Commissioner for Human Rights, 2014. Ukrainian Parliament Commissioner for Human Rights

MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: Status of implementation of the national preventive mechanism REPORT for 2013

Kyiv – 2014

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CONTENTS SECTION 1. IMPLEMENATION OF THE NATIONAL PREVENTIVE MECHANISM IN UKRAINE: SPECIFIC FEATURES ...... 5 1.1. Background information on NPM in Ukraine ...... 5 1.1.1. UKRAINE’S OBLIGATIONS WITH REGARD TO IMPLEMENTATION OF THE OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREAT- MENT OR PUNISHMENT ...... 5 1.1.2. SPECIFIC FEATURES OF THE “OMBUDSMAN +”NPM FORMAT IN UKRAINE ...... 6 1.1.3. THE ROLE OF NGOs IN NPM IMPLEMENTATION ...... 12 1.2. Key indicators of the NPM operation in Ukraine in 2013 ...... 18

SECTION 2. MONITORING OF CUSTODIAL SETTINGS: FINDINGS, BY MINISTRIES AND AGENCIES ...... 27 2.1. Results of monitoring of custodial settings of the Ministry of Internal Affairs of Ukraine ...... 27 2.2. Results of monitoring of custodial settings of the State Penitentiary Service of Ukraine ...... 60 2.3. Results of monitoring of custodial settings of the State Border Service of Ukraine ...... 103 2.4. Results of monitoring of custodial settings of the State Migration Service ...... 108 2.5. Results of monitoring of custodial settings of the Ministry of Defense ...... 110 2.6. Results of monitoring of custodial settings of the State Court Administration of Ukraine ...... 116 2.7. Results of monitoring of institutions of the Ministry of Education and Science of Ukraine ...... 119 2.8. Results of monitoring of custodial settings of the Ministry of Social Policy ...... 138 2.9. Results of monitoring of custodial settings under the Ministry of Health Care ...... 157 SECTION 3. RECOMMENDATIONS ON IMPOVEMENTS OF THE SITUATION WITH THE RESPECT OF HUMAN RIGHTS (BASED ON THE RESULTS OF MONITORING IN 2013) ... 173 3.1. For the Verkhovna Rada of Ukraine...... 173 3.2. For the Cabinet of Ministers of Ukraine: ...... 176 3.3. For the Ministry of Internal Affairs of Ukraine: ...... 177 3.4. For the State Penitentiary Service of Ukraine: ...... 181 3.5. For the State Border Service of Ukraine: ...... 182 3.6. For the State Migration Service of Ukraine: ...... 183 3.7. For the Ministry of Defense of Ukraine: ...... 183 3.8. For the State Court Administration of Ukraine: ...... 184 3.9. For the Ministry of Education and Science of Ukraine: ...... 185 3.10. For the Ministry of Social Policies of Ukraine: ...... 186 3.11. For the Ministry of Health Care of Ukraine: ...... 187 Annex 1 ...... 189 Annex 2 ...... 187

SECTION 1. 5

SECTION 1. IMPLEMENATION OF THE NATIONAL PREVENTIVE MECHANISM IN UKRAINE: SPECIFIC FEATURES 1.1. Background information on NPM in Ukraine 1.1.1. UKRAINE’S OBLIGATIONS WITH REGARD TO IMPLEMENTATION OF THE OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

On July 21, 2006 the Verkhovna Rada to visit any place under its jurisdiction (Parliament) of Ukraine ratified OPCAT - and control where persons are or may be the Optional Protocol to the Convention deprived of their liberty, either by virtue against Torture and Other Cruel, Inhuman of an order given by a public authority or Degrading Treatment or Punishment or at its instigation or with its consent (Law of Ukraine # 22-V, of July 21, 2006). or acquiescence. These visits shall be According to OPCAT provisions each State undertaken with a view to strengthening, if Party is to set up, designate or maintain at necessary, the protection of these persons the domestic level one or several visiting against torture and other cruel, inhuman or bodies for the prevention of torture degrading treatment or punishment. and other cruel, inhuman or degrading As stipulated in part two of OPCAT Article treatment or punishment (national 4, “deprivation of liberty means any preventive mechanisms, or NPMs). form of detention or imprisonment or The Optional Protocol contains no the placement of a person in a public provisions regarding the format and or private custodial setting which that organizational structure of NPMs but person is not permitted to leave at will by obligates the State Parties to guarantee order of any judicial, administrative or the functional independence of national other authority.” preventive mechanisms as well as the For efficient performance of their functions independence of their personnel, to make NPMs, under Article 19 of OPCAT, are available the necessary resources for granted the following powers: NPM functioning and, when establishing national preventive mechanisms, to give (a) To regularly examine the treatment of due consideration to the principles relating the persons deprived of their liberty to the status of national institutions for the in places of detention as defined in promotion and protection of human rights. article 4, with a view to strengthening, if necessary, their protection against According to part one of Article 4 of torture, cruel, inhuman or degrading OPCAT each State Party shall allow NPMs treatment or punishment; interviews with the persons deprived of their liberty without witnesses, (b) To make recommendations to the either personally or with a translator relevant authorities with the aim of if deemed necessary, as well as with improving the treatment and the any other person who the national conditions of the persons deprived preventive mechanism believes may of their liberty and to prevent torture supply relevant information; and cruel, inhuman or degrading treatment or punishment, taking into (e) Freedom to choose the places they want consideration the relevant norms of the to visit and the persons they want to United Nations; interview; (c) To submit proposals and observations (f) The right to have contacts with the concerning existing or draft legislation. Subcommittee on Prevention, to send it information and to meet with it. Under Article 20, the State Parties grant NPMs “No authority or official shall order, apply, permit or tolerate any sanction against (a) Access to all information concerning the any person or organization for having number of persons deprived of their communicated to the national preventive liberty in places of detention as defined mechanism any information, whether true in article 4, as well as the number of or false, and no such person or organization places and their location; shall be otherwise prejudiced in any way” (b) Access to all information referring to the (part one of Article 21). treatment of those persons as well as “Confidential information collected by their conditions of detention; the national preventive mechanism shall (c) Access to all places of detention and be privileged. No personal data shall be their installations and facilities; published without the express consent of the person concerned” (part two of Article (d) The opportunity to have private 21).

1.1.2. SPECIFIC FEATURES OF THE “OMBUDSMAN +”NPM FORMAT IN UKRAINE

On October 2, 2012 the Verkhovna Rada of such visits and without any limitation of of Ukraine passed the Law of Ukraine “On the number of visits: Amendments to the “Law of Ukraine on • places where individuals are forcibly the Ukrainian Parliament Commissioner for held by virtue of a decision of a court Human Rights” vesting the NPM functions or an administrative authority in with the Ombudsman of Ukraine. accordance with the law, including Under p. 8 of Article 13 of the “Law of temporary holding facilities, rooms Ukraine on the Ukrainian Parliament for detained and apprehended Commissioner for Human Rights” the persons with duty units of Internal NPM has the right to visit, without prior Affairs (police) authorities, temporary notification about the time and purpose accommodation centers for foreign SECTION 1. 7

nationals and stateless persons Parliament Commissioner for Human illegally staying in Ukraine, holding Rights” includes such rights: rooms for the temporarily detained • to undertake regular visits of the military, remand prisons, arrest settings indicated in Article 13.8 of this houses, penitentiary institutions, Law, without prior notification about reception and distribution centers the time and purpose of such visits and for children, general and vocational without any limitation of the number social rehabilitation schools, children’s of visits; medical and social rehabilitation centers, special educational • to interview individuals held in the institutions, military units, military settings indicated in Article 13.8 of this guardhouses, disciplinary battalions, Law, in order to receive information special holding centers for persons about their treatment and holding under administrative arrest, city, district conditions, and to interview other and line departments, divisions, units persons capable of providing such and stations of the police, specialized information; vehicles (including such with convoy), • to submit proposals regarding holding areas (rooms) for defendants prevention of torture and other cruel, (convicts) at courts, institutions of inhuman or degrading treatment compulsory treatment; or punishment to bodies of state • psychiatric institutions; power, public authorities, enterprises, institutions and organizations, • temporary accommodation facilities irrespective of the form of their for refugees; ownership and including those • transit passengers’ areas at border indicated in Article 13.8 of this Law; crossings; • to involve domestic and foreign • nursing homes, childcare residences, representatives of civic organizations, asylums and children’s homes, experts, researchers and specialists boarding schools of general education in the regular visits of the settings for orphans and children deprived indicated in Article 13.8 of this Law, of parental care, centers of social under relevant contracts (with or rehabilitation for disabled children, without remuneration); children’s centers of social and • to exercise other powers stipulated in psychological rehabilitation; this Law. • neuropsychiatric residences; In 2012 after a lengthy public discussion • geriatric homes and boarding facilities with participation of the leading national for the elderly; and international experts it was decided to launch a NPM in the format “Ombudsman • boarding facilities for war and labor +” that implies monitoring visits of custodial veterans; settings by the staff of the Ombudsman’s • social rehabilitation centers. Secretariat and by civil society activists Other authority of the NPM as per (Drawing 1). Article 19-1 of the Law “On the Ukrainian 8 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Drawing 1

Public authorities at the local level Public authorities at the local level

Regional Representatives Ombudsman’s Central O ce of the Ombudsman (NPM Dpt)

NPM Expert Council NGOs

Monitor Monitor Monitor

NPM model “Ombudsman +” in Ukraine The Ombudsman conducts overall management and coordination of the As shown in the diagram, the “Ombudsman entire NPM system and of monitoring +” model includes such main elements as visits to custodial settings and makes • the Ombudsman’s Central Office; submissions to the bodies of state power • the Regional Representatives of the in order to eliminate violations of human Ombudsman, rights identified in the course of monitoring. The Ombudsman also assigns specific • the Expert Council for NPM individuals (monitors) with the right to implementation; conduct monitoring visits of custodial • human rights NGOs selected by the settings. Such assignments have effect for Ombudsman for performance of one year, with possible prolongation. specific NPM functions; The Department for Matters of NPM • monitors (individuals directly Implementation is a separate structural participating in monitoring visits on subdivision of the Secretariat of the behalf of the public). Ukrainian Parliament Commissioner for Human Rights that performs its duties on The last three elements (the Expert the basis of the Optional Protocol to the Council, NGOs and monitors) are those Convention against Torture and Other that constitute the “+” of the approved Cruel, Inhuman or Degrading Treatment format as integral parts of the NPM model or Punishment, Law of Ukraine “On the launched in Ukraine in 2012. Ukrainian Parliament Commissioner for The Central Office of the Ombudsman of Human Rights” and Provisions on the Ukraine Department. SECTION 1. 9

One of the principal functions of the composed of experts thoroughly aware of Department is to conduct scheduled and the particularities of operation of this or ad hoc visits to custodial settings for that custodial setting. Indeed, it is hard to prevention of ill-treatment. compare the specifics of functioning of a remand prison with that of an orphanage Scheduled visits occur pursuant to the facility, or a neuropsychiatric residence with Department’s approved annual work plans, a temporary holding area for foreigners while ad hoc visits are mostly related to the and stateless individuals. need to verify information about systemic violations of human rights in the operation In view of the diversity of custodial settings of a certain institution and, specifically, and major differences between them allegations about application of torture the organizational structure of the NPM and cruel treatment. Department was designed according to the principle of specialization (Drawing 2). In 2013 the organizational structure of the Department was changed (Drawing 2). In particular, the Section of monitoring Regional representatives of the of detective, inquest and investigative units Ombudsman was reformed into the Section of special In 2013 the Ombudsman had 10 regional proceedings and re-subordinated directly representatives, of which 3 operated as to the Ombudsman, while the Department full-time staffers of the Ombudsman’s acquired a new subdivision – the Section of Secretariat and 7 represented the expert support in medical matters, staffed Ombudsman on voluntary basis (as with professionals with medical degrees and regional Ombudsman’s PR - coordinators). considerable practical experience. During the year of 2013 the regional Thus, at present the Department consists representatives were not engaged in any of two administrations and six sections, autonomous visits of custodial settings in with a total of 33 personnel. Each unit the framework of NPM implementation, performs autonomously, according to its although they visited custodial institutions own work plan, monitors specific ministries of different profiles for verification of or agencies and, accordingly, monitors a specific information regarding alleged clearly defined circle of custodial settings. violations of human rights and freedoms. The only exception is the medical section At the same time and in view of the very that provides expertise on medical high number of custodial settings and, matters to all other sections, both during accordingly, the need to increase the monitoring visits and in the course of regularity and number of monitoring analysis and consolidation of the collected visits the Ombudsman made a decision information. to involve her regional representatives, Such arrangements for the Department’s as of 2014, into conducting independent performance enable substantial increase of visits to custodial settings, together with the general efficiency of custodial settings civic monitors. Such monitoring will be monitoring: firstly, such monitoringperformed in compliance with the universal is conducted simultaneously by five NPM methodology, and the results of each different units, of which each, secondly, is visit will be referred to the NPM Department for processing and further response. 10 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: awing 2 Dr Section of special needs monitoring of the elderly and institutions for institutions for individuals with

’s Administration for matters of for Administration operation of education, health prevention of ill-treatment in the children Section of care and social security authorities institutions monitoring of

t y,

, State vices, vices, der and gration vices and ense Mi Section of Ministry of Bor State Cour Ser Def Administration institutions of the monitoring of the ense and State igration Ser Court Administration der and M Head of the Department Administration for matters of for Administration Ministry of Def Bor Section of prevention of ill-treatment in the institutions penitentiary operation of the State Penitentiar monitoring of Representative of the Ombudsman – ture of the NPM Department for matters of implementation ture of the NPM Struc Section of analysis and medical matters expert support in Section of Ministry of ternal Aairs, and Tax police Tax and In Security Service operation of the monitoring of the SECTION 1. 11

Expert Council for NPM implementation • to participate in the expertise of legislative and regulatory drafts related The Council includes representatives to prevention of ill-treatment; of domestic NGOs with considerable experience in human rights respect • to analyze the activities and documents monitoring in custodial settings – prepared by public authorities and specifically, experts from Association of directly or indirectly related to matters independent monitors of custodial settings of prevention of ill-treatment; (AIM), Association of Ukrainian Monitors • to organize and conduct researches of of Law-enforcement (AUML), Youth ill-treatment; Alternative (M’ART), Ukrainian Helsinki Union for Human Rights, Kharkiv Institute • to develop proposals on improvements for Social Researchs (KhISR), Kharkiv in the operation of public authorities Human Rights Group (KhHRG) and Center and municipalities; of Human Rights Information (CHRI). • to analyze and systematize the The Expert Council also invites, in the international experience in the sphere capacity of observers, the experts of prevention of ill-treatment; of a number of international and • to promote the legal culture and legal intergovernmental organizations that awareness of the population, monitor human rights – UNDP Program in Ukraine, UN Human Rights Commissioner, • to promote deeper coordination UN High Commissioner for Refugees, between the Ombudsman and her Council of Europe, EU Delegation in Representatives with CSO and media, Ukraine, OSCE Project Coordinator’s Office, • to ensure proper coordination International Organization for Migration between NPM Department and civic and International Renaissance Foundation. society institutions involved in the According to the Provisions on the Expert process of NPM implementation, and Council for NPM implementation under • t­o participate in the arrangements the Ukrainian Parliament Commissioner for the Ombudsman’s and her for Human Rights (approved by the Represnetative’s communication with Ombudsman’s Order No. 2/02-13 of October the UNCAT and its Subcommittee 1, 2013) the Council’s main activities are: for prevention of torture and other • to systematize and analyze facts of ill- cruel, inhuman and other degrading treatment in the operation of public treatment or punishment. authorities, especially those in charge Monitors (individuals who directly of custodial settings; participate in monitoring visits on • to prepare recommendations as to the behalf of the public) content of annual and special reports Individuals willing to participate in of the Ombudsman of Ukraine with monitoring visits of custodial settings are regard to prevention of ill-treatment; involved, upon preliminary selection, as • to promote implementation of monitors. civic initiatives on prevention of ill- Preliminary selection and training are to be treatment; carried out by a selected NGO on the basis 12 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

of an agreement with the Ombudsman. to conduct monitoring visits of custodial Candidates who successfully underwent settings, for a term of one year with the training are recommended to the possible prolongation. During monitoring Expert Council for preliminary approval. visits the monitors are vested with all rights envisaged in the Law of Ukraine “On the At the next stage the successful candidates’ Ukrainian Parliament Commissioner for CVs are considered by the Expert Council, Human Rights” inasmuch as related to NPM with interviews if so required. After this operation. Monitors are obligated to abide the Expert Council recommends the by the ethical principles developed and candidacies of public monitors to the approved by the Expert Council. In case Ombudsman for final approval. of violation of such principles the Expert At the third stage the Ombudsman makes Council may issue a recommendation the final decision on approval of candidates to the Ombudsman with regard to early recommended by the Expert Council and termination of a monitor’s assignment. gives them personal assignments entitling The number of monitors who underwent basic training in 2013 exceeded 150.

1.1.3. THE ROLE OF NGOs IN NPM Code of monitors’ ethics and of the IMPLEMENTATION algorithms of monitoring visits to various custodial settings; The NPM Department has always, as of its • planning and conduct of monitoring very inception, actively interacted with visits, etc. CSOs throughout Ukraine. The key areas of interaction with the civic As already mentioned above, the Expert organizations in the course of the past year Council turned out to be the most specifically featured the following: efficient format of such interaction. The 1. Participation in joint visits to custodial Council consists of leading experts from settings; human rights NGOs and representatives of international organizations invited as 2. Participation in awareness and training observers. During 2013 the Council held activities (training sessions, seminars, three meetings that, inter alia, decided on conferences); the following: 3. Preparation of publications, • approval of NPM implementation plan guidebooks and other materials; for 2013; 4. Assistance in the drafting of special • development of the criteria for reports of the Ukrainian Parliament selection and training of monitors of Commissioner for Human Rights as per custodial settings; the outcomes of monitoring of specific areas of custodial settings’ operation, • approval of the candidacies of monitors and who were selected and underwent basic training on NPM operation; 5. Studying NPM work in other countries. • development and adoption of the Participation in awareness and training SECTION 1. 13 activities implementation available, it is crucial to operate a specialized website and to post In 2013 the NPM Department actively other information on the topic in social promoted and assisted in the conduct of networks. various training and awareness-raising activities for Ukrainian NGOs. Detailed The site of the National Preventive information on such events is presented in Mechanism www.npm.org.ua was created Annex 2 at the end of the Report. In total, back in 2012, but already the first year last year featured of its operation showed that it needed considerable improvements, both in • ­12 trainings; software and content. Therefore, even • 11­ seminars/ workshops and working though such work was not planned for the meetings; first phase of the project its implementers • ­5 press-conferences. suggested a mechanism of increasing information volumes and the number of Separate information-related effortsvisitors of the resource. As the platform in 2013 were made by NGO “Center of of the earlier site was very basic and did Human Rights Information”, which, with not allow for the development of the site, the support of International Renaissance it was decided to restart the website on Foundation and in cooperation with a new platform, with parallel transfer of the Office of the Ukrainian Parliament the previous content and addition of new Commissioner for Human Rights, the information. Expert Council with the Ombudsman’s Representative for NPM implementation, By early 2014 the startup, testing and Association of independent monitors of content placement works were completed. custodial settings, Kharkiv Institute for At present the site features structured user- Social Research, Association of Ukrainian friendly information. The resource became Monitors of Law-enforcement, UNICEF interactive - with feedback forms and and other organizations, was providing options to ask questions and get answers. It regular informational support to the also has new multimedia contents (photos, developing NPM in the framework of videos) and an interactive map of custodial “NPM Implementation In Ukraine: The settings in Ukraine, as well as properly Information Component” Project. structured information about NPM, custodial settings, relevant publications in In particular, work was conducted in the the mass media, monitors’ stories, etc. following areas: Given the growing popularity of social 1. Launch of a new NPM website and networks and information requests via work with social networks such resources NPM profiles were created One of the key objectives of the Centre of in major social networks: on Facebook - Human Rights Information is awareness https://www.facebook.com/NPMUkraine and information campaigning in the society and in Twitter - https://twitter.com/NPM_ with regard to the national preventive Ukraine. mechanism. These profiles allow tracking all NPM news In order to explain this mechanism to and have already turned into hubs for potential monitors and other stakeholders mobilization of the monitors’ community and to make information about its and other interested users. At the same 14 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

time there is considerable capacity to publications, teaching aids and other develop these pages and increase their training materials readership in 2014. 1. The practical guidebook “Minimum 2. Preparation of own journalistic standards of proper treatment: An materials for media analysis of national and international experience” was authored by leading A task of the Center of Human Rights national experts with participation of the Information is also to prepare own Vice-President of the European Committee journalistic materials and seek publication for the Prevention of Torture and support of articles by partners about the current from the Office of the OSCE Project status of human rights respect in custodial Coordinator in Ukraine . settings and on the efforts of the National Preventive Mechanism (reports, analytical The book addresses principal standards of articles, interviews, photo series, etc.). proper treatment of detainees and arrested During 2013 12 such publications appeared persons as described in the instruments of in the leading Ukrainian media (“Ukrainska the Council of Europe and the case law of Pravda”, “Dzerkalo Tyzhnia”, “Focus”, “Liviy the European Court of Human Rights. The Bereh” and others). publication is primarily targeted at the criminal enforcement professionals, law The Center of Human Rights Information enforcement community, civic activists and is planning to intensify cooperation with the teachers and students of specialized these and other media, in particular educational and research institutions. with regard to publication of more materials made by CHRI journalists and 2. The “National Preventive Mechanism other participants of the Human Rights in Ukraine” guidebook published by Journalists’ Network and of topical columns Kharkiv Institute for Social Researches with by human rights activists and monitors the support of International Renaissance involved into NPM operation. Foundation deals with the operation of the national preventive mechanism against 3. Making of video materials about torture and ill-treatment in Ukraine as of custodial settings for Youtube and social 2012. The book addresses NPM structure, networks mechanism, principles of operation and In view of the capacity of social networks other aspects without which operation of and other new media as communication the Ukrainian NPM would not be possible. channels it is important to spread the word The manual will help the monitors and about NPM also by creating audiovisual employees of custodial settings, lawyers, content. For this purpose in 2013 the Center civic activists and all those who take interest of Human Rights Information produced in the issue of prevention of ill-treatment in two thematic videos. The first video Ukrainian custodial settings. addresses the motivations that urge quite 3. The second edition of the “Custodial a number of civic activists to participate in Settings in Ukraine” guide issued by monitoring visits, while the second product Kharkiv Institute for Social Researches with deals with the issue of children in custodial the support of OSCE Project Coordinator settings. in Ukraine carries a reviewed inventory Participation in the development of of custodial settings based on the results SECTION 1. 15 of the efforts of the civil society and juveniles in Ukraine, followed by an expert NPM Department over two years. The assessment of the current legal framework book offers its readers an overview of all and its compliance with the international custodial settings listed depending on rules and standards related to the children’s their subordination to the central executive rights in the systems of law enforcement authorities, describes their admittance and criminal justice for juveniles. and release procedures and outlines the Assistance in the drafting of special main conditions of custody and the legal reports of Ukrainian Parliament status of inmates. This publication is of use Commissioner for Human Rights on the for human rights advocates, government results of monitoring of specific areas of officials, scholars and all others interested operation of custodial institutions in the activities of NPM in Ukraine. In 2013 members of the public and the 4. “The Minimum Standards of Proper NPM Department jointly selected the Treatment of Children in Custodial priority themes for their monitoring - the Settings” published by non-governmental rights of children in the institutions of social organization Kharkiv Institute for Social rehabilitation and the status of medical Researches with the support of the support in remand prisons. Relevant efforts Democracy Grants Program of the U.S. resulted in the making of two special Embassy in Ukraine and in cooperation with reports of the Ombudsman. UNICEF may be used both in the activities of the National Preventive Mechanism and 1. Special report on “Children’s rights in the course of any other monitoring. The in social rehabilitation institutions of publication describes the most common Ukraine” criteria applicable during monitoring visits In the course of monitoring of social to custodial settings that hold children. rehabilitation institutions of the Ministry of The list of such standards will help to make Education and Science of Ukraine the staff the monitoring of relevant settings more of the NPM Department and the experts professional, and the administrators of such from Kharkiv Institute for Social Researches institutions will have an idea of the minimal carried out an in-depth study of the respect conditions to attain for the children in their of the rights and freedoms of the resident custody. This aid will also help the monitors students of boarding and vocational schools of custodial settings, their officers, civic of social rehabilitation. 27 residents of social volunteers and all who care about the fate rehabilitation schools and 7 staff members of children placed in such institutions. of such institutions were interviewed with 5. The publication “Torture and ill- the use of a specially developed toolkit. treatment of children in Ukraine” was Moreover, in order to assess the conditions authored by Kharkiv Human Rights Group in which the children live and study the with the support of the Democracy Grants team visited and inspected all key areas/ Program of the U.S. Embassy in Ukraine and units of the facility (dorms, classrooms, in cooperation with UNICEF. the medical unit, toilets, shower rooms, the food storage, canteen, gym, exercise The core of this publication is a area, recreation and relaxation rooms). This comprehensive analysis and a survey of the study was made possible due to support situation with torture and ill-treatment of from the Democracy Grants Program of the children in the context of criminal justice for 16 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

U.S. Embassy in Ukraine and cooperation the civic sector and the staffers of NPM with UNICEF. Department carried out two study visits to Spain and Denmark in order to learn 2. The special report on “The current about the work of the national preventive status of the right to medical assistance mechanisms in these countries. in detention facilities of the State Penitentiary Service of Ukraine” is based On September 9 - 11, 2013 following the on the data collected by NPM Department invitation of Ms. Carmen Comas – Mata during its monitoring activity and the data Mira, Chief of Cabinet of the Ombudsman from Kharkiv Institute for Social Researches - Head of NPM in the Kingdom of Spain a experts who for a number of years were delegation of Ukrainian NPM consisting of continuously involved in human rights members of the public (from OSCE Project studies at different custodial settings. Coordinator’s Office in Ukraine, Kharkiv Institute for Social researches, AUMLE) The report provides a detailed analysis and led by Yuriy Bielousov, Head of NPM of how medical assistance is given to Department, was in Madrid with a study detainees in remand prisons, including visit. The visit was carried out with the analysis of such issues as conduct of support of the OSCE Project Coordinator in medical examinations, availability of Ukraine. medical professionals, quality of diagnostic and other equipment, measures to prevent During the meeting with employees of the infectious diseases within institutions, Spanish NPM (which operates under the the right to health care in the context of “Ombudsman” model) the delegates in vulnerable groups of prisoners - TB and proper detail examined the arrangements hepatitis patients, people living with in the work of the NPM in Spain, its modes HIV/AIDS, drug addicts, mental patients, of interaction with the authorities in charge women, minors and people with special of custodial settings and the system of needs. The report also carries references custodial settings in Spain. It was noted that to those international instruments that NPMs in Spain and Ukraine resort in their establish the basic requirements for health work to a number of similar mechanisms. care in custodial settings. For instance, in order to address strategic issues related to the functioning of the The results of visits to remand institutions national preventive mechanism the also led to some adjustments in the set of Defensor del Pueblo (Ombudsman) of tools for the monitoring of medical services Spain has established an Advisory Board in custodial settings that was earlier composed of 20 representatives of the civil suggested through the Open Society society, professional organizations and Justice Initiative program and integration international institutions. The structure and of this method into the operation of NPM functions of such board are nearly identical in Ukraine. to those of the Expert Council established This study became possible due to support with the Ombudsman of Ukraine. In Spain of IRF’s “Public Health” Program. the Department of NPM consists of 4 experts and 2 administrative assistants; Studying NPMs experience in other such a small staff explains the relatively countries small number of visits to custodial settings Over the past year the representatives of – less than 400 from 2009 to 2013. SECTION 1. 17

It was also interesting to learn about the During the visit the Ukrainian delegation opportunity to engage hired independent met with representatives of the Danish experts for examining the situation in Ombudsman, Danish Institute of Human custodial settings. The conclusions of these Rights, human rights advocacy organization experts are highly specialized (psychiatry, “Dignity”, Penitentiary Department of architecture, etc.) and are not included into Prisons and Probation, Organization for the text of the main report but presented rehabilitation of the victims of torture and as annexes and serve to demonstrate one with Amnesty International staffers. or more problems from a professional point The meetings addressed the Danish of view. Unlike in Ukraine, the Spanish “Ombudsman +” model of NPM colleagues do not know the exactly number implementation, the ways of cooperation of custodial settings in their country as with non-governmental organizations their inventory was never made. and the system of monitoring visits which During the stay in Spain the Ukrainian significantly differ from the relevant delegates took part in a standard Ukrainian model. The Danish Ombudsman monitoring visit to a police commissariat cooperates with two organizations – with a force of over 200 and 11 operational “Dignity” (an NGO) and the Danish Institute detention cells. It should be noted that, in for Human Rights (government-run), as spite of the specific features of the Spanish selected by the Parliament of Denmark. criminal justice system, the Ukrainian Interestingly, earlier the Secretariat of visitors observed much in common with the Ombudsman pursued two separate the Ukrainian realities – reduction of the directions of work: checks on the degree time spent in detention, improvement of of compliance with the national legislation conditions in detention cells, providing of and (NPM per se) verification of compliance various services to detainees (interpreters, with the international standards. Currently, lawyers, etc.). It is important to note the the two units are merged and jointly use high level of cooperation between the the NPM methodology. Office of the Spanish Ombudsman and the During their stay in Denmark the Ukrainian Spanish police officials: full support to NPM delegation visited a penitentiary in staff on the part of the police is coupled Yuderup and study conditions of detention with very respectful attitude of NPM staff and the procedures of criminal sentence to the law enforcement officers. enforcement. The conditions of detention During the debriefing after the visit it was differ from those in Ukraine by being as agreed to further exchange the experience close as possible to freedom (inmates can in the spheres of custodial settings use Internet, cook meals for money allotted monitoring, improvement of detention by the state and meet with their relatives; conditions and interaction with other in the prison there is even a playground for authorities. their children and other alike facilities). On September 24 - 28, 2013 the The Ukrainian delegation was interested in representatives of the Department of the fact that all decisions on interception NPM implementation of the Office of the of letters or phone calls are made by the Ombudsman of Ukraine and members of police who give relevant instructions to the NPM Expert Council carried out a study penitentiary officers. In the absence of such visit to Denmark. authorization the convicts and arrestees 18 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

correspond and communicate with the outer world without any restraint.

1.2. Key indicators of the NPM operation in Ukraine in 2013 The total number of institutions in Ukraine which formally fall under the definition of custodial setting is about 6 thousand. In 2013 these settings were in the charge of 11 ministries and agencies - State Migration Service, State Penitentiary Service, State Border Service, State Court Administration, Ministry of Revenues and Duties, Ministry of Internal Affairs, Ministry of Defense, Ministry of Education, Science, Youth and Sports, Ministry of Health Care, Ministry of Social Policies and Security Service of Ukraine (Table 1). Table 1 Typology and general quantity of custodial settings in Ukraine

Total Number of visits

Type of custodial 2013 No. Agency in charge setting 2012 2013 2012 Incl. Total visits repeat visits. Temporary accommodation c enters for foreigners 1 State Migration Service 2 2 1 1 and stateless persons illegally staying in Ukraine State Tax Service (as 2 of 2013 – Ministry of Territorial bodies 160 56 Revenues and Duties) Temporary detention 10 11 2 4 1 6 facilities 3 State Border Service Special facilities for administrative 75 60 1 4 1 5 detainees Penitentiaries, maximal 9 9 2 4 6 security Penitentiaries, medium 76 76 11 13 24 security Penitentiaries, minimal 27 27 5 3 8 State Penitentiary security 4 Service Correctional centers 23 24 1 1 2 Correctional colonies 8 7 1 1 Remand prisons 33 33 11 17 2 28 Specialized treatment 6 6 facilities State Court Cells for criminal 5 489 692 22 22 Administration defendants at courts SECTION 1. 19

Total Number of visits

Kind of custodial 2013 No. Agency in charge setting 2012 2013 2012 Incl. Total visits repeat visits. Special vehicles 922 674 2 9 11 Special rail carriages 29 29 Special wards at 587 587 medical institutions. Temporary holding 462 437 26 30 4 56 facilities Ministry of Internal City, district and line 6 1062 1056 45 53 7 98 Affairs police authorities Reception and distribution centers for 18 13 1 2 3 minors Special reception centers for 27 26 8 2 10 administrative arrestees Childcare residences 55 55 10 11 1 21 Children’s asylums 58 42 1 1 Neuropsychiatric 152 152 8 20 2 28 residences In-service facilities of Ministry of Social territorial social service 7 Policy centers (institutional 348 355 2 6 8 social service providers) Social and psychological rehab 58 86 1 1 centers for children Homes and residences 117 117 4 6 10 Nursing homes for 46 45 4 3 7 children Psychiatric 8 Ministry of Health Care (neuropsychiatric) hospitals and forensic 98 86 11 17 28 psychiatric expertise centers Boarding schools of general education, incl. for orphans and 72 33 1 3 4 children with no parental care Ministry of Education 9 Social rehabilitation and Science schools of general 6 6 2 2 4 education Social rehabilitation and vocational training 3 2 2 2 schools 20 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Total Number of visits

Kind of custodial 2013 No. Agency in charge setting 2012 2013 2012 Incl. Total visits repeat visits. Health care boarding schools of general 66 71 1 7 8 education Ministry of Education 9 Special boarding and Science schools of general 359 334 3 12 2 15 education Children’s homes 104 94 1 1 Disciplinary battalions 1 1 1 2 2 3 Guardhouses 4 2 1 2 2 3 Temporary detention 18 32 2 2 10 Ministry of Defense premises Psychiatric clinics 4 4 1 1 Special wards 14 8 1 1 Military units 337 386 1 1 Territorial authorities 27 27 11 Security Service Temporary detention 1 1 1 1 facilities

Total 5,973 5,784 169 262 24 431

Table 1 demonstrates certain changes made at international airports for holding in the structure and number of custodial individuals not allowed into the territory settings. For example, currently the Ministry of Ukraine on grounds of violation of of Social Policies is reorganizing children’s the legislation on the protection of state asylums into social and psychological borders; wards for compulsory tuberculosis rehabilitation centers; the Ministry of treatment at anti-TB facilities and other Education reduced the number of boarding similar wards in the health care system. schools for orphans and children deprived Such settings will become eligible for NPM of parental care by half, and the number monitoring in 2014. of homes for children is also going down; During 2013 monitoring visits embraced the Ministry of Defense has cut by half the 262 institutions, of which 24 were visited number of its guardhouses; the number of for the second time. Drawing 3 and Table 2 special vehicles for movement of detainees, show the breakdown of visits by agencies arrestees and convicts decreased by one in charge and by regions of Ukraine. third, the Ministry of Internal Affairs closed about thirty temporary detention facilities, On the basis of the results of each visit NPM and so on. sent detailed reports to the management of the relevant ministry or agency, with However, as a result of monitoring efforts indication of identified deficiencies new kinds of institutions were deemed to and recommendations regarding their formally meet the definition of custodial elimination. settings. They are, specifically, the premises SECTION 1. 21

Drawing 3 Breakdown of monitoring visits (2012 and 2013) by ministries and agencies in charge of custodial settings D AU SSU MIA MES MSP SPSU SBSU Mo MHC SC SMSU 22 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Left to right: SMSU, SBSU, SPSU, SCAU, MIA, MSP, MHC, MES, MoD, SSU (see notes to Table 2 below) Table 2 Number of visited custodial settings (2013), by regions of Ukraine

Region SMSU1 SBSU2 SPSU3 SCAU4 MIA5 MSP6 MHC7 MES8 MoD9 Total

City of Kyiv 4 3 15 5 1 7 7 42 City of 1 1 2 Sebastopol Autonomous Republic of 3 4 1 8 Crimea Vinnytsya Region 2 2 2 5 11 Volynia Region 1 1 Dnipropetrovsk 6 6 Region Donetsk Region 3 1 2 6 Zhytomyr Region 1 2 3 Transcarpathian 1 1 1 4 3 1 11 Region Zaporizhzhya 4 4 2 1 1 12 Region Ivano-Frankivsk 2 1 2 2 2 9 Region Kyiv Region 1 3 6 3 1 14 Kirovohrad 1 3 1 1 1 7 Region Luhansk Region 1 2 3 4 1 2 13 Lviv Region 1 2 6 2 11 Mykolayiv 2 2 1 2 1 2 1 11 Region Odessa Region 1 1 6 2 10 Poltava Region 6 1 1 8 Rivne Region 3 6 2 3 14 Soumy Region 2 4 2 1 9 Ternoplil Region 3 3 Kharkiv Region 3 6 2 3 14 Kherson Region 5 5 Khmelnytsky 3 3 Region Cherkassy Region 2 1 3 Chernivtsy 7 3 10 Region Chernihiv Region 2 2 1 7 1 2 1 16 Total 1 8 38 22 96 43 20 25 9 262 SECTION 1. 23

In order to increase the efficiency On the basis of the results of NPM of government response to the implementation in the course of 2013 recommendations of the Commissioner, the Human Rights Commissioner sent on November 4, 2013 it was decided to 26 submissions for immediate action to establish a permanent interagency working eliminate gross violations of human rights group composed of representatives of and freedoms as well as systemic violations the sectoral ministries and agencies (at systemic disorders in the performance of the level of deputy heads), Presidential custodial settings: Administration and Prosecutor General’s 7 such letters were communicated to the Office. Moreover, it was decided to also Prime Minister of Ukraine; involve a group of experts from the civil society. The working group will have the 6 – to Prosecutor General; following main tasks: 4 – to Minister of Justice; • to develop proposals aimed at 4 – to Minister of Internal Affairs; improvement of the legislation safeguarding human rights and 3 – to Minister of Social Policies; freedoms of individuals in custodial 1 – to Minister of Education and Science, settings (joint elaboration of draft and regulations related to human rights and freedoms, analysis of the current 1 – to the Head of Vinnytsya Regional State legal framework for compliance with Administration. the existing national and international In the second and third sections of the standards); Report each of these submissions by • to develop the national standards of the Human Rights Commissioner will be proper treatment of individuals in considered in more detail, as well as the custodial settings (criminal suspects, response of the appropriate executive administrative detainees, persons authority. Some submissions addressed with mental disorders, children issues that required coordinated actions of institutionalized in residences, etc.); several central executive authorities: these • to conduct joint monitoring of the submissions were directly communicated status of respect of the rights and to the Prime Minister of Ukraine for his freedoms of individuals in custodial appropriate instructions to the involved settings (joint inspection visits, central bodies of executive power. including such based on the facts of outrageous violations of human For example, the results of custodial rights); settings monitoring in the first half of last • to conduct advanced trainings for year revealed a systemic problem related custodial settings personnel in the to gross violations of human rights and sphere of human rights and freedoms; freedoms of arrested persons during their • to exchange best practices in participation in court hearings. In fact it was protection of human rights and found that the whole process of delivering freedoms against ill-treatment. arrested criminal defendants from remand

1. State Migration Service of Ukraine 6. Ministry of Social Policies of Ukraine 2. State Border Service of Ukraine 7. Ministry of Health Care of Ukraine 3. State Penitentiary Service of Ukraine 8. Ministry of Education and Science of Ukraine 4. State Court Administration of Ukraine 9. Ministry of Defense of Ukraine 5. Ministry of Internal Affairs of Ukraine 24 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

prison to court and back could amount to during a visit to the facilities of different cruel or degrading treatment, and in some profiles and subordination was that of cases – even to torture. involuntary seclusion and application of physical restraints to persons with The arrested who have to participate in mental illnesses in the absence of any court hearings are early in the morning legal regulation of such procedure. This placed into the admittance boxes at issue is especially acute in the psychiatric remand prisons, where the holding and neuropsychiatric institutions of the conditions in the vast majority of instances Ministry of Social Policy, Ministry of Health fail to meet the minimum standards (lack of Care and State Penitentiary Service. ventilation and windows, no opportunity to sit down). After a several hours waiting and In the absence of relevant legal regulations without any breakfast these individuals are the institutional staff on their own decide placed into special vehicles the conditions how to deal with the agitated patients. As in which in the hot or cold weather are a result of such situation the monitoring of, unbearable (absence of ventilation or any e.g., the neuropsychiatric residences under light, a very small floor area - less than 0.5 the Ministry of Social Policies revealed square meters per person). Upon arrival numerous instances of placement of to court the arrested are held in special such persons in isolated and unequipped premises (cells) for criminal defendants, premises or even metal cages in which which in most of the site-visited courts they were kept for a long time without are mere cages without any natural light, being able to satisfy even their basic ventilation or toilet. Quite a number of needs. Monitoring of psychiatric and courts are not equipped even with such neuropsychiatric hospitals of the Ministry cells and the arrested wait for the hearing of Health Care revealed multiple instances (sometimes for several hours) in the special of the use of makeshift straightjackets and vehicles, not being able to satisfy even belts for physical restraint of patients. their natural needs. On returning after the As a result of the Ombudsman’s official court hearing to prison they usually miss letter to the Prime Minister of Ukraine the their dinner. Most remand prisons do not Ministry of Health Care was instructed to provide them with dry rations. develop a draft Regulation on the use of In order to secure a response to such physical restraints and seclusion during obvious violation of human rights the psychiatric assistance to persons with Ombudsman made a report at the hearings mental disorders. in the Parliament and sent a submission to Monitoring of respect of rights of persons the Prime Minister of Ukraine seeking his detained for administrative offences has relevant instructions to the leaderships of shown that the current law does not regulate the State Court Administration, Ministry the procedure and conditions of custody for of Internal Affairs and State Penitentiary this category of offenders, which does not Service, for their immediate action to comply with the Constitution of Ukraine respect the rights and freedoms of and Ukraine’s international commitments. persons involved in court proceedings In part these matters are regulated by legal and to prevent their cruel and degrading acts of the Cabinet of Ministers of Ukraine treatment. and by agency and interagency Orders that Another outstanding issue discovered reflect different sectoral approaches to the SECTION 1. 25 standards relating to equipment of holding regulations of various ministries and facilities and protection of detainees’ rights agencies (Ministry of Internal Affairs, and freedoms. Security Service, SSU, SMSU, SPSU) where they concern the number and types of This situation has entailed numerous items that a detainee may have, receive violations of human rights and freedoms of or buy at own cost or the items that are the administratively detained persons that strictly forbidden. In her submission can be regarded as their cruel, inhuman or addressed to the Prime Minister of Ukraine degrading treatment. the Ombudsman noted that the main In particular, differences in the detention or sentence enforcement procedures in the custodial - the facilities for administrative detainees institutions should be the purpose and fail to meet the standards accepted in the duration of custody and the prisoners’ UN and CoE member states (especially with status in the criminal or administrative regard to floor area and space per person, process, while the differences in the free access to fresh air and drinking water, conditions of custody for these persons requirements as to ventilation, lighting, should be minimal, and the security etc.); measures should depend on the degree of - the procedures for restriction of the rights the social danger or national security threat and freedoms of administrative detainees that each individual poses. are not prescribed by law and the procedure However, the aforementioned state of ensuring the rights and obligations of agencies apply different approaches to the this category of detainees rests only upon regulation of the conditions of detention inner departmental regulations. of persons in subordinate institutions and In this regard the Ombudsman made a even resort to utterly ungrounded security submission to the Prime Minister of Ukraine procedures. The effective legislation and with a request to establish a working group the agency regulations on the operation composed of experts from the Ministry of these institutions contain significant of Justice of Ukraine, Ministry of Internal discrepancies in the lists of items, objects Affairs of Ukraine, State Migration Service and foodstuffs allowed to possess, buy or of Ukraine and the State Border Service of receive and in the lists of items allowed for Ukraine, with involvement of employees of use. the Ombudsman’s Secretariat, for devising a Pursuant to the Ombudsman’s submission draft law that would define uniform national the Ministry of Justice established an standards of detention of persons arrested for interagency working group in order to committed administrative offenses and the develop uniform requirements for conditions procedure for restriction of their rights and of detention in custodial settings, in view of freedoms. Currently this group exists with the the domestic and international best practices. Ministry of Justice of Ukraine. Regrettably, as Unfortunately, as of 31.12.2013 the relevant of 31.12.2013 the relevant draft has not been draft has not been developed. developed. Another issue of systemic violation revealed in the course of monitoring is the lack of consistency between departmental 26 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: SECTION 2. 27

SECTION 2. Monitoring of Custodial Settings: Findings by Ministries and Agencies 2.1. Results of monitoring of institutions under the Ministry of Internal Affairs of Ukraine

Background information on custodial 2013); settings under MIA • 13 reception and distribution centers for children, which in 2013 In terms of quantity the network of accommodated 141 minors; custodial settings under the Ministry of • 587 secure wards at medical Internal Affairs (MIA) is the largest of all institutions, which in 2013 Ukrainian agencies. The so called official accommodated 829 patients, including custodial settings include the specially 192 with tuberculosis. equipped holding facilities and special transport vehicles for convoying of The largest number of MIA detainees detained, arrested and convicted persons. are held at temporary holding facilities. However, the period as of 2010 has shown a There is also existing so-called unofficial tendency towards reduction of the number custodial settings under MIA include of such detainees (from 269 thousand in offices of detectives and investigators, 2010 to 146 thousand in 2013). There was interrogation rooms and any other premises also a decrease in the total number of at the authorities of the Ministry where holding facilities (from 480 in 2010 to 437 individuals may be or are held against their in 2013). It is noteworthy that due to the will. The general number of city, district and principled position of the Ombudsman and line (on the railroad) agencies of Internal representatives of the National Preventive Affairs is 1,056. Mechanism regarding the necessity of As of January 1, 2014 the specially proper living and sanitary conditions equipped holding facilities (areas) at temporary holding facilities in 2013 include: the number of such special institutions significantly decreased (from 462 to 437). • 1,175 premises for apprehended and Other factors that led to termination of detained persons at duty units of the temporary holding facilities’ operation were police authorities of Ukraine, used to the reduction in the total number of their hold in 2013 3,291 persons; prisoners and the unfeasibility of budget • 437 temporary holding facilities (used allocations for renovations of some aged in 2013 to hold 146,452 persons); facilities for bringing detention conditions • 26 reception centers for persons into compliance with the domestic and subjected to administrative arrest international standards. (accommodated 4,235 arrestees in 28 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Figure 1.3. The number of temporary holding facilities and of persons held thereat annually (2008 – 2013)

the number of facilities the number of detainees (in thousands)

In 2013 the number of persons held at temporary holding facilities decreased by 30 % as compared to 2012 and by 43 % as compared to 2011. In 2013 5 reception centers for children discontinued their operation for the reason of incompliance with the domestic and international standards. Currently 12 such centers operate and one is under renovation. In furtherance of the Ombudsman’s recommendations based on the results of NPM representatives’ visit to the center for persons subjected to administrative arrest in the City of Ivano-Frankivsk the Police Department of Ivano-Frankivsk Region passed a decision to liquidate this institution.

Figure 1.4. The number of special facilities under MIA (2008 – 2013)

Reception centers for persons under administrative arrest

Reception and distribution centers for vagrants

Reception and distribution centers for minors SECTION 2. 29

Figure 1.5. The number of persons annually held at MIA special facilities (2008-2013)

Reception centers for persons under administrative arrest

Reception and distribution centers for vagrants

Reception and distribution centers for minors

Special transport vehicles for convoying of detained, arrested and convicted persons include: • special rail carriages ST (also known as “Stolypin carriages”) for transportation of persons taken into pre-trial custody and convicts; • special vehicles of MIA and Internal Troops of MIA (“avtozaks”) for transportation of persons taken into pre-trial custody and convicts.

Figure 1.6. The numbers of special transport vehicles for convoying of detained, arrested and convicted individuals and number of persons transported in 2012-2013

the number of special transport means

the number of transported persons 30 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

It is worth noting that the total count of vehicles), and individuals moved by special transport • 282,326 persons taken into pre-trial means exceeds 900,000 million but this custody and convicted – by 219 special number includes the same individuals who vehicles of the MIA Internal Troops. in the course of the year were transported It should also be noted that 302 (41 %) of several times and by different transport 726 MIA special vehicles are to be written means. Therefore, delivery of one person off due to unsuitability for operation (at from a remand prison to court and back present these vehicles are factually out of counts as two, and throughout the year use). the court may sit in such person’s case for a At present MIA authorities operate only 426 number of times. special vehicles, which is 47 % of what they In view of these aspects it was counted should be in possession of (the scheduled that in the course of the reporting year the number of such vehicles is 891). above mentioned special transport means Over 2013 NPM Department staff together were used to move with members of the public visited 96 • 142,007 persons taken into pre-trial authorities and units subordinated to custody and convicted – by 29 ST rail MIA: 53 city, district and line authorities, carriages; 30 temporary holding facilities, 2 special • 516,377 persons taken into pre-trial reception centers, 2 reception centers for custody and convicted – by 426 special minors and 9 special vehicles. vehicles of MIA (total availability – 726

Figure 1.7. The number of MIA authorities, units and special institutions visited in 2012 - 2013

SMT THF RDCM SRCAA CDLP

SMT- special means for transport of prisoners; THF - temporary holding facilities; CDLP - city, district and line police authorities; RDCM - reception and distribution centers for minors; SRCAA - special reception centers for administrative arrestees. SECTION 2. 31

List of MIA authorities, units and special institutions visited in 2013 (regions breakdown)

Region SMT THF RDCM SRCAA CDLP Total City of Kyiv 1 1 13 15 Autonomous Republic of 3 3 Crimea Vinnystya Region 1 1 2 Dnipropetrovsk Region 3 3 6 Zhytomyr Region 1 1 2 Transcarpathian Region 2 1 1 4 Zaporizhzhya Region 2 2 4 Ivanj-Frankivsk Region 1 1 Kyiv Region 1 2 3 Kirovohrad Region 1 1 1 3 Luhansk Region 1 3 4 Lviv Region 2 1 3 6 Mykolayiv Region 1 1 Odessa Region 1 3 2 6 Poltava Region 2 1 3 6 Rivne Region 3 3 6 Ternopil Region 1 2 3 Kharkiv Region 3 3 6 Cherkassy Region 1 1 Chernivtsy Region 3 2 2 7 Chernihiv Region 2 2 3 7 Total 9 30 2 2 53 96 In 2013 NPM also conducted follow-up visits to police authorities and special facilities, which made it possible to assess the quality of implementation of the earlier provided recommendations on the basis of previous visits. Despite continuous recommendations of the Ombudsman as to elimination of shortcomings and systemic violations that characterize the operation of the vast majority of authorities and special institutions subordinate to MIA both the repeat visits and the visits of earlier unvisited custodial settings have shown that that the leaderships of the Departments and Main Departments of the Ministry were mostly not resorting to any action for elimination of such shortcomings. The results of the visits reveal an extremely low level of police and institutional personnel’s knowledge of the current human rights legislation. Specifically, those who are directly in charge of arrests and detention are not properly familiar with the relevant provisions of the Code of Criminal Procedure of Ukraine, Law of Ukraine “On the Ukrainian Parliament 32 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Commissioner for Human Rights”, laws and Unfortunately, this requirement is regulations related to the respect of human systematically violated. As a result, cruel rights and freedoms and the procedure treatment by the police of persons held of applying to the Ombudsman or to in custodial settings remains a significant other public authorities and international problem in Ukraine, as evidenced by organizations as established in the Law of numerous applications to the Ombudsman Ukraine “On Preliminary Detention”. and by the results of NPM Department’s and civic activists’ inspection visits to MIA Typical violations of human rights and institutions. freedoms found in 2013 The main factors conducive to such The new Code of Criminal Procedure of violations include the following: Ukraine (CCP) gave effect to a number of important provisions expected to minimize • not all police units have appointed the risk of ill-treatment of detainees during officials in charge of custody facilities; pretrial proceedings. One such measure • custody officers intentionally fail to provides detainees with the right to notify the free legal aid centers, thus immediately notify family members, close enabling investigators or detectives relatives or other individuals at own choice work with detainees as long as possible about the detention and the place of in order to obtain confessions or custody. Moreover, the official who made conduct other investigative activities the arrest is to immediately notify the (line-up identification, seizure of items, authority or institution authorized by law etc.); to provide free legal aid. This requirement is embedded in Art. 213 of the Code. The • custody officers are directly sequence of relevant actions is described in subordinated to the head of the Provisions on notification of Centers of investigation subdivision and, free legal aid (approved by the Cabinet of consequently, cannot really ensure Ministers of Ukraine on December 28, 2011, respect of the rights of detainees and under No. 1363). instead of performance of their duties become involved in other duties and Control over compliance with this rule is tasks; vested with quite a number of officials. Article 212 of the new CCP provides for • police officers on duty have no control appointment, at each pre-trial investigation over the lawfulness of apprehension authority, of one or more officials in charge and do not check whether third parties of detainees who are to ascertain the fact of get notified about arrests. notification of the free legal aid center and In our opinion, the above mentioned of the third parties about the detention. human rights violations in the work of the Apart from that, in accordance with p. 6.6.2 police may be minimized by legislative of the ordinance approved by MIA Order prohibition to conduct interrogations, of 28.04.2009 No. 181 the police officer interviews and other investigative actions on duty is obligated to ascertain whether pursued by operational and other staff the free legal aid center was notified and of the law-enforcement agency in any to make such notification on his own if premises that are not equipped with video the arresting officer failed to make such a surveillance and recording systems. notification. SECTION 2. 33

Manifestations of torture and of cruel or persons, of G., who within 24 hours after degrading treatment or punishment his apprehension was not served with the notice of suspicion in accordance with The visit to Darnytsky District Unit of the Art. 278 of CCP of Ukraine. Moreover, this MIA Main Department in the City of Kyiv person had signs of beating (bruises on the revealed the fact of arbitrary arrest, in face) and characteristic marks of handcuffs the room for detained and apprehended on his wrists.

The detainee said he had been repeatedly During the monitoring of the reception beaten by police officers and cuffed for over and distribution center for children 6 hours. NPM staff immediately notified the subordinated to MIA Department in Poltava prosecutor’s office of Darnytsky District, Region it was found that two girls were for which upon preliminary checkup ordered ten days held in temporary holding rooms the detainee’s release. On the basis of that do not meet the minimal standards these facts disciplinary charges were of proper treatment. In particular, these brought against a number of officials, with rooms had no toilets, natural light or direct initiation of criminal proceedings under access to running and drinking water, and Art. 371 of the Criminal Code of Ukraine each was furnished only with a bed and a (purposeful unlawful apprehension, arrest chair. or detention).

Temporary holding rooms of the reception and distribution center for children subordinated to MIA Department in Poltava Region 34 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

The girls told their interviewers that prior Ukraine “On the Ukrainian Parliament to placement into the center they had not Commissioner for Human Rights” the undergone any medical examination. At Representative of the Ombudsman sent night they were kept in solitary rooms under an official notice to the Prosecutor’s the supervision of a male police officer. For Office of Vinnitsa Region and sought its lack of toilets and drinking water in the comprehensive and unbiased examination rooms they had to make relevant requests of these facts, legal assessment of the to the officer on duty. Medical examination actions of the police and appropriate during preparation of materials for transfer response in the manner and mode to a social rehabilitation school revealed envisaged in the legislation of Ukraine. pediculosis, but girls did not receive any Relevant verification and entry of remedy or treatment. data into the Unified Register of pre- Due to intervention of the monitoring trial investigations were assigned by group girls were moved to a clean and airy the regional Prosecutor’s Office to the sleeping room, given needed assistance at prosecutor of the City of Vinnitsa. After a health care institution and provided with one month of expectation of the reply the a female custodial officer. Ombudsman’s Representative on June 4, 2013 sent a reminder to the prosecutor’s During the visit to the temporary holding office of Vinnitsa Region as to the necessity facility of the City of Vinnitsa Police Unit to inform the Ombudsman on the results (MIA Department in Vinnitsa Region) and of the review and to provide copies of all interviews with its detainees citizen T., relevant materials. apprehended under Art. 208 of the CCP of Ukraine, said that on October 4, 2013 On June 10, 2013 the Secretariat of the at 00.20 AM he had been arrested by the Ombudsman received a response, with police on suspicion of having committed a copies of the relevant materials, with criminal offense specified in part 4 of Art. a statement that illegal detention of 296 of the Criminal Code of Ukraine and citizen T. at the 1st division of City of brought to the 1st division of Vinnitsa city Vinnitsa Police Unit (Vinnitsa Region MIA police, where for six hours he was held Department) and violence against him handcuffed to a bench in the ground floor were not corroborated. hallway and thus had no chance to move or In the opinion of the Commissioner for satisfy his natural needs. Human Rights, the content of Vinnitsa N.’s detention was procedurally registered prosecutor’s reply is in contravention of the only at 7.40 AM on October 4, 2013, which circumstances as specified in the materials violated Articles 207 - 210 of the CCP, Art. of the review with regard to holding of 27 of the Law of Ukraine “On Free Legal citizen T. in an unsuitable area and with the Aid” and the Provisions on notification use of handcuffs in excess of the allowed of centers of secondary free legal aid time (not more than 2 hours). (approved by the Cabinet of Ministers of At the same time information from the Ukraine on December 28, 2011, under No. Ombudsman on the committed criminal 1363) with regard to the right to defense. offense was not entered into the Register of In accordance with the requirements of pre-trial investigations, which constitutes a Articles 13, 17, 19-1 and 22 of the Law of violation of Art. 214 of the CCP of Ukraine, SECTION 2. 35 part 3 of which reads that “conduct of made their submissions to the involved pre-trial investigation without entry of district police bodies. information into the register is not allowed.” The issue of ill-treatment acquired especial The materials annexed to the reply notoriety in connection with the events give grounds to believe that Vinnitsa that took place in Ukraine in the period prosecution authorities never examined from November 2013 to February 2014. the facts of the case and failed to give NPM activity during this period is reflected a legal assessment of the actions of the in Ombudsman’s Special Report to the police as cruel, inhuman or degrading Verkhovna Rada of Ukraine. However, treatment of citizen T., especially with given the excessive frequency and especial regard to his unlawful lengthy detention in cruelty of ill-treatment manifestations on an area unsuitable for such purpose. the part of the police during the above indicated period we deem it appropriate to On the basis of this fact the Ombudsman include into the present report a description made a submission to the Prosecutor of some of the events and information General Office as to violation of the on the relevant implementation of the constitutional rights and freedoms national preventive mechanism. of citizen T. After relevant review the prosecutor’s office of the City of Vinnitsa Mass protest actions started on November initiated criminal proceedings as per Art. 21, 2013 in connection with the decision 365.1 of the Criminal Code and conducted of the Cabinet of Ministers of Ukraine to relevant checkups. Action was also taken suspend the process of preparation for with regard to the officials who had failed the signing of the Association Agreement to comply with the law in response to the between Ukraine and the EU. The period Ombudsman’s submission. from November 30, 2013 through February 22, 2014 was marked by excessive use Visits of police authorities regularly reveal of force and special means by the police facts of violation of the permitted length against protesters. of detention by the police, as prescribed in the agency’s regulations. For instance, On the night of November 30, 2013 police in September 2013 such violations officers used brutal force to stop a peaceful were found in Darnytsky, Obolonsky, assembly. The videos of these events are in Podilsky, Svyatoshynsky and Solomyansky the public domain and prove that physical district police departments of MIA Main force used by the police was totally Department in the City of Kyiv. inadequate. Over thirty protesters were apprehended. On the basis of the identified violations and in accordance with Art. 101 of the Already at six in the morning on November Constitution of Ukraine and Articles 1, 3, 30 two representatives of the Ombudsman 13, 19-1 and 22 of the Law of Ukraine “On responded to reports from human rights the Ukrainian Parliament Commissioner activists and arrived at Shevchenkivsky for Human Rights” the NPM sent letters to District Police Department in Kiev to the prosecutor’s office in the City of Kyiv meet with the detainees and clarify all demanding corroboration of the presented circumstances of the incident. During this data and prosecutorial response action. visit the Ombudsman’s representatives As a result of reviews District Prosecutors talked to all detained activists and to 36 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Parliament Members who had already objective and impartial investigation of come to the district police, including A. illegal and excessive use of physical force Shevchenko. On the same day all detainees and special means by “Berkut” riot police were released. officers during the events of November 30 and December 1,2013 and of the On November 30, 2013, upon analysis consequent multiple facts of infliction of and consolidation of all collected data, bodily injuries to the participants of the the Ombudsman decided to commence peaceful assembly and journalists. proceedings with regard to violations of human rights and freedoms during the In response to the submission the night happenings in Kyiv. The purpose of Prosecutor General’s Office notified about the proceedings was to initiate proper its initiation of criminal proceedings on investigation by the Prosecutor General’s the grounds of a criminal offense under Office of Ukraine of the lawfulness of part 2 of Art. 365 of the Criminal Code of the actions of the police, their use of Ukraine. However, it must be noted that special equipment and of protesters’ this response came as late as December 25, apprehension and detention at the 2013, in violation of the requirements of police station, to ensure transparency the law as to the time within which to reply and efficiency of such investigation to the Ombudsman. Moreover, the reply and to ensure proper information of letter did not refer to any specific measures the public about liability of those who taken by the Prosecutor General. violated the law. On December 3, 2013 in order to Unfortunately, further sad developments check on the respect of the rights of followed and the next day, on December the persons detained on December 1 1, 2013, there was another confrontation near the Presidential Administration between protesters and the police in the Ombudsman personally visited the Bankova Street near the Presidential temporary holding facility of the Ministry Administration. After several hours of of Internal Affairs in the City of Kyiv and confrontation the police dispersed the Shevchenkivsky District Court of Kyiv. There protesters, with gross violations of human she met and spoke with all ten incarcerated rights and freedoms on the part of law detainees who complained about beatings enforcement units. by “Berkut” riot police officers and lengthy failure to provide medical assistance. In particular, the mass media made public some videos that recorded how the officers One of the detainees asked to inform his of “Berkut” riot police unit tortured the family about his detention, another asked people who were already On the ground to contact his wife and to get from her new and offered no resistance or the already eyeglasses, as his glasses had been broken cuffed detainees. during the arrest. The Secretariat staff immediately conveyed such information to In order to ensure immediate response the relatives of the detained. to these events on December 2, 2013 the Ombudsman, in the framework of the At a special session of the Verkhovna already commenced proceedings, made ​ Rada of Ukraine on human rights and a submission to the Prosecutor General international relations in the context of of Ukraine with a request to conduct an the events of November 30 - December SECTION 2. 37

1, 2013 the Ombudsman provided the On the night of December 11, 2013 the law Parliament Members and mass media with enforcement tried to force the participants initial information on the outcomes of the of peaceful actions out of the territory relevant proceedings. She also stressed of the Maidan (Independence Square). the necessity of strict respect of the right In order to ensure prompt response to to legal assistance, since the visit of the possible violations of human rights and detainees of December 1 showed that legal freedoms the Ombudsman and a group assistance was provided not to everyone of NPM Department staff arrived at the and not in full scale. The Ombudsman also Maidan around 5.00 AM. announced the need in special medical On the grounds of available information treatment of detainees (particularly of eye about apprehensions of protesters disorders) and in special medication. NPM Department employees carried On December 3, 2013 the Ombudsman out monitoring visits to a number of sent an official letter to the Minister of district police stations and some medical Internal Affairs V. Zakharchenko and drew establishments of Kyiv, as well as the his attention to the necessity of compliance temporary holding facility. It was found with the Basic Principles on the Use of Force that nine persons apprehended on and Firearms by Law Enforcement Officials Independence Square had been brought as adopted at the Eighth United Nations to Shevchenkivsky District police station. Congress, specifically: At the time of arrival of NPM staff one of the detainees was taken away by the “4. Law enforcement officials, in carrying ambulance for immediate hospitalization out their duty, shall, as far as possible, because of received injuries. The other apply non-violent means before resorting eight protesters were documented as to the use of force and firearms. They may administrative offenders under Art. 173 use force and firearms only if other means of the Code of Administrative Offenses of remain ineffective or without any promise Ukraine and were held at the police station of achieving the intended result. for over three hours. On the demand of the 5. Whenever the lawful use of force and Ombudsman’s representatives the detained firearms is unavoidable, law enforcement were released under the obligation to officials shall: appear at Shevchenkivsky District Court for an administrative hearing. It was also found (a) Exercise restraint in such use and act that four persons had applied for medical in proportion to the seriousness of the assistance to the Romodanov Institute of offence and the legitimate objective to be Neurosurgery but refused hospitalization achieved; after receiving ambulatory help. (b) Minimize damage and injury, and Another round of confrontation occurred respect and preserve human life; on January 19, 2014, with the start of (c) Ensure that assistance and medical aid clashes between the protesters and police are rendered to any injured or affected in Hrushevskoho Street. As a result dozens persons at the earliest possible moment; of people were injured on both sides. (d) Ensure that relatives or close friends of On that very day the Ombudsman called the injured or affected person are notified on both conflicting sides to immediately at the earliest possible moment.” cease any use of force. 38 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

In addition, on the same day the head of treatment and of excessive use of force by the Ombudsman’s Secretariat sent a letter police officers against detainees. In order to to the Head of the Ministry of Internal restore the abridged rights and freedoms Affairs’ Main Department in the City of Kyiv relevant information was immediately with a demand to urgently provide the referred to A. Nahorny, prosecutor with the Ombudsman with exhaustive information Prosecutor’s Office of the City of Kyiv, and V. on all individuals detained by the police Yatsenko, chief of pre-trial investigation unit on January 19 – 20, 2014, and to check at Dniprovsky District Police Department of information on alleged detention and ill- MIA Main Department in the City of Kyiv. treatment of journalists. The staff of the Secretariat was also As of January 20, 2014 the staff of the promptly monitoring all data on the NPM Department began making daily number and circumstances of detentions monitoring visits to police authorities and in conjunction with the events in the units and to Kyiv medical institutions in Ukrainian capital, as well as the number order to verify information on possible of people who applied for help at or were violations of the rights and freedoms of brought to health care facilities in the City persons detained in connection with the of Kyiv in connection with received injuries. events in Hrushevskoho Street. Information Performance in this area was significantly on each fact of identified violations was enhanced due to fruitful cooperation of the immediately communicated to Kyiv Ombudsman with the Center for Free Legal Prosecutor’s Office for its appropriate Aid Coordination. action. On January 22 – 23, 2014 during visits to On January 20, 2014 during a monitoring the Emergency Hospital of Kyiv the NPM visit to Darnitsky District Police Department staff interviewed hospitalized protesters in it was established that Radio Liberty custody of the police. journalists D. Barkar and I. Iskhakov had The vast majority of 17 interviewees been apprehended by “Berkut” riot police reported infliction of injuries by the police around 8.00 in the morning of that day, and failure to provide proper medical during life coverage of the developments assistance. Examination of medical and near Lobanovsky Stadium. Both journalists other records showed that these detainees suffered injuries during their arrest, had received no medical assistance upon upon which they were put into a police infliction of injuries by the police and that vehicle and held there for over four hours, their admission to the medical facility before being brought to Darnitsky police occurred 7 to 14 hours after injury. station. On the morning of January 22, 2014 The Ombudsman immediately informed the developments in the vicinity of Kyiv Prosecutor’s Office and the Prosecutor Hrushevskoho Street showed drastic General’s Office of this fact and requested escalation of violence and bloodshed on their appropriate action. both sides. Beatings and injuries were On the same day during a monitoring visit followed by casualties: several protesters to Dniprovsky District Police Department were killed. the NPM team established multiple facts of In this conjunction the Ombudsman violation of the right of the defense, of ill- expressed her deep condolences to the SECTION 2. 39 families and nears of the victims and of Military Unit 3057 were brought to strongly condemned any violence on OHMATDYT specialized children’s hospital. the part both of the participants of mass A. Filipishina, Ombudsman’s Representative actions and of the law enforcement. for the respect of children’s rights, non- She also appealed to the Prosecutor discrimination and gender equality, and General of Ukraine requesting immediate NPM Department employees immediately impartial investigation of the deaths and went to this hospital and visited victims. to the leadership of MIA demanding strict Children admitted for in-patient treatment compliance with the law. because of the received injuries told that The Ombudsman once again reminded the they had been unreasonably apprehended MIA leadership that even when an assembly by the law enforcement at the intersection ceases to be peaceful the law enforcement of Instytutska and Shovkovychna Streets must act exclusively within the boundaries in Kyiv. According to the children, police of the effective legislation, use force in view violently treated them immediately after of the principle of proportionality, minimize arrest and degraded their human dignity. the damage to life and health and preclude Victims reported on having been brought violence to the already detained. to Podilsky District police station as late as five hours upon apprehension and had On January 22, 2014 after controversial to wait for hospitalization for another six information in the mass media about hours. According to medical staff children the causes of protesters’ deaths in arrived in the condition of damages of Hrushevskoho Street the Ombudsman average severity. instructed the staff of the medical section of NPM Department to take part, as The Secretariat staff also visited Podilsky appropriate, in investigative actions – District Department of MIA Main examination of the bodies of the killed Department in the City of Kyiv, from which activists S. Nigoyan and M. Zhyznevsky in the children were taken to hospital after the mortuary of Kyiv Forensic Bureau and their arrest. This visit revealed a number attendance of the forensic autopsy. of violations of children’s rights in the operation of the said district police unit. NPM Department personnel with medical Specifically, the minors, with injuries from degrees and considerable background the police, were for a long time (about in forensic and criminological practice three hours) after delivery to the police ascertained compliance with all station held in police vehicles, without requirements of the effective legislation medical assistance, at below-zero outside during external and internal forensic temperature, without water and with no examination of the bodies, identification, possibility to satisfy their natural needs. examination and documentation of the injuries, registration of the found items and In violation of Art. 208 of the Code of Criminal their referral for further forensic tests. Procedure of Ukraine and of the Provisions on notification of centers of secondary On January 24, 2014 the Ombudsman free legal aid (approved by the Cabinet received information from “EuroMaidan of Ministers of Ukraine on December 28, SOS” NGO that a number of minors with 2011, No. 1363) the arresting officers failed injuries inflicted during apprehension by to properly notify the center of free legal “Berkut” riot police and several personnel aid immediately after the minors’ arrest, 40 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

the notification of which occurred 6 hours over 11 hours, and detainees H., S. and and 15 minutes after the moment of actual M. – for more than 6 hours); detention. Moreover, the minors’ parents • disproportional use of force by the police and the care and guardianship authorities during arrests and use of force against were not informed about detention of already arrested persons who do not these children, in violation of Art. 213 of the resist the police; CCP of Ukraine. • failure to give timely medical assistance On the basis of the results of monitoring of to detainees with signs of injuries (on the operation of MIA authorities and units January 24 during the visit to Kyiv during January 2014 the Ombudsman sent Emergency Hospital it was found that a submission to the Minister of Internal K. had been arrested at 1.00 AM on Affairs of Ukraine drawing his attention to January 20 near “Arsenalna” metro systemic violations of human rights and station and taken to the hospital only freedoms by law enforcement officials. at 14.20 PM of the same day, diagnosed The Ombudsman also addressed a letter to with “brain concussion, multiple the Prosecutor General of Ukraine where contusions and closed fracture of she outlined the systematic violations nasal bones”; S., arrested at 4.00 AM on of human rights and freedoms in the January 23, had been brought to the operation of MIA bodies and requested hospital at 10.45 with the diagnosis of Prosecutors Office personal control over “concussion, head contusion, bruises the course of investigation into each fact of of soft tissues of the head, body and such violations. both upper limbs, fracture of the second carpal bone”. The systematic violations of human rights revealed during this period may, in the 2. Violation of the detainees’ right to view of the Ombudsman and in accordance defense: with the case law of the European Court of • failure to notify centers providing free Human Rights, be regarded as amounting secondary legal aid (monitoring of to: Desnyansky District Department of 1. Torture or inhuman or degrading the MIA Main Department in Kyiv on treatment: January 20, 2014 revealed, at 11.45, the fact of failure to notify the FLA center • extra long holding (for several hours) about detention of citizens D., M. , C. of individuals in vehicles specially and K, who had been held in detention equipped for transportation of prisoners since 6.30 AM); at below-zero outside temperature, without water and with no possibility • improper notification of centers to satisfy the natural needs (on January providing free secondary legal aid 23, 2014 in the course of monitoring (on January 23, 2014 during the visit to Obolonsky District MIA Main monitoring visit to Svyatoshynsky Department of the City of Kyiv it was District Department of MIA Main found that as of the moment of arrest Department in Kyiv it was established and until delivery to the pre-trial that the FLA center was notified about investigation authority detainees A. the fact of detention of citizen K. 9 and P. were held in a special vehicle for hours and 5 minutes after his delivery SECTION 2. 41

to the police station). On February 19, 2014, during the monitoring visit to Darnytsky District Moreover, other revealed violations may, in Department of Kyiv police the NPM staff the light of ECtHR case law, also be viewed established a number of facts of untimely as violations of safeguards against ill- medical assistance to persons brought to treatment, specifically: the police station with injuries allegedly • failure to inform detainees about their inflicted by the law enforcement personnel rights on arrest; during arrests. In order to redress their violated human and civil rights a • failure to inform relatives, family relevant notification was immediately members or other persons of detainees’ communicated to A. Saynoha, senior choice about the facts of arrest and prosecutor with the Prosecutor’s Office of places of detention. Darnytsky District in the City of Kyiv. On February 18 during confrontation The visit to Kyiv Emergency Hospital between the police and protesters the featured interviews with all detained, with NPM Department staff video-recorded recording of the established violations. The the developments, including the use collected and consolidated information of excessive force by the police during was referred to Kyiv Prosecutor’s Office for dispersal of the demonstration in proper response. Instytutska Street. On the same date the Ombudsman’s Secretariat staff monitored On February 19, 2014 the employees of the developments in Hrushevskoho, Lypska NPM Department visited Holosiyivsky and and Sadova Streets in order to prevent Svyatoshynsky District Departments of the ill-treatment of detainees held in special police in order to determine the number police vehicles. of detainees and to ascertain if their rights to secondary legal aid and to medical On the night of February 19, 2014 and assistance were respected in a timely during that day the employees of the manner. Holosiyivsky Department was Secretariat, in order to ensure the respect found to hold 10 persons, of which two had of the detained protesters’ rights, visited visible injuries; the representatives of the police authorities and units subordinate to Ombudsman demanded an ambulance call. MIA Main Department in the City of Kyiv At the time of the visit the police had not yet – of Darnytsky, Desnyansky (two visits), notified the FLA center. In this context the Dniprosky (two visits), Obolonsky and NPM staff warned the commanding officer Podilsky District and their police stations, of the police department and notified the as well as Kyiv Emergency Hospital. NPM FLA center of the names of all detainees. staff interviewed all detainees held at these institutions and recorded all discovered It should be emphasized that failure to violations of their rights. render medical assistance to detainees was one of the most frequent violations during During the visit to Dniprovsky District the mass protests. In contravention of the police the NPM staff provided immediate requirements of the applicable law the access of two privately hired lawyers to two police who arrested the protest participants detainees who at the moment were already resorted to physical force and used special receiving assistance from lawyers of a FLA means, did not provide, on their own, any center. assistance to the injured and did not call 42 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

for medics. After arrest even persons with amounting to cruel or degrading major injuries were placed into special treatment are as follows: vehicles where they were held without • the useful area per person held in the necessary help for a long time. Ambulances cells of special facilities, premises for were called only after delivery of the apprehended and detained persons detained to district police stations. For (PADs) at duty units and dormitories of example, in the course of the monitoring the reception and distribution centers visit to Desnyansky District Department for minors fail to comply with the of Kyiv police (at which NPM staff arrived domestic and international standards. on February 19 just after midnight) it was Moreover, detainees are occasionally found that detainee T. had spent about held in cells where the distance 10 hours in a police vehicle with fractures between walls is less than 2 meters of the left arm and right leg. 10 detainees and the distance between the floor out of those brought to mentioned police and the ceiling is less than 2.5 meters, station were later hospitalized with injuries which does not conform with the of varying damage. established international standards Inappropriate conditions of detention for police cells of, respectively, at least 2 and 2.5 meters, as per The typical violations characteristic of CPT’s Second General Report [СРТ/ all MIA custodial settings, related to ІNo.f(92)3]; conditions of detention and possibly

Temporary holding facility of Ternopil City Police Temporary holding facility of Kremenchuk City Police, Poltava Region SECTION 2. 43

Temporary holding facility of Poltava City Mukacheve temporary holding facility, Transcarpathian Region

Temporary holding facility of Kremenchuk City Temporary holding facility in Chernivsty Region Police, Poltava Region (the cell is leas than 2 m (the distance between the floor and the ceiling is wide) less than 2.5 m) • improper and poor nutrition of individuals held in special facilities and duty unit PADs; • absence of continuous free access to running, drinking and hot water;

PAD at Marhanets, MIA Main Department in Temporary holding facility of Kremenchuk Dnipropetrovsk Region City Police, Poltava Region 44 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• failure to comply with the doctors’ recommendations regarding additional in-hospital examination of medical assistance recipients, which poses a threat to detainees’ life or health; • insufficiency or total absence of natural light in the cells and PADs;

PAD of Zhovtnevy District Police Unit, Luhansk. PAD of Kyivo-Svaytoshynsky District Police Unit, MIA Department in Kyiv Region.

Zaporizhzhya City THF Vinnitsa City THF.

Vilnyanka Ditrict Police PAD, Zaporizhzhya Luhansk THF Region SECTION 2. 45

• in the cells of some special facilities and in the vast majority of PADs the toilets and their equipment do not meet the agency’s construction rules or the international standards in terms of hygiene, prevention of unpleasant smells, or the toilets are located in such a way that their use degrades human dignity: because of the absence of doors or partitions individuals relieve themselves and take care of personal hygiene in view of other persons or CCTV cameras;

Vilnyanka Ditrict Police PAD, Zaporizhzhya PAD at Marhanets, MIA Main Department in Region. Dnipropetrovsk Region

Vinnytsa THF. PAD of the 2d unit of Vinnystya City Police 46 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Temporary holding facility of Kremenchuk City PAD at Lychakivsky Distrcit Police Unit, Lviv Police, Poltava Region. • some cells and PADs have no or inadequate mechanical ventilation; • windows of cells and PADs are not equipped with vents and do not let fresh air inside;

THF of Ivanivka District, Odessa Region. THF of Kostopil District, Rivne Region

PAD of the 2d unit of Vinnystya City Police. PAD at Lychakivsky Distrcit Police Unit, Lviv SECTION 2. 47

However, cell windows have vents and appliances for their opening at the following holding facilities:

Svitlovodsk THF, Kirovohrad Region. Chernihiv District THF

Bohunsky District THF, Zhytomyr Region THF of MIA Department in Vinnitsa Region. • detainees are groundlessly refused parcels from the outside during week-ends; • at special facilities the cells are not furnished with tables, stools, wall closets or bedside cabinets for storage of foodstuffs and personal hygiene items, or such furnishings fail to meet the agency’s construction rules and relevant international standards; 48 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

THF of Costopil District, Rivne Region. Mukacheve temporary holding facility, Transcarpathian Region

Kremenchuk THF, Poltava Region • cells and PADs have no alarm systems or call buttons, for immediate contact with the staff, which creates the danger of untimely intervention with possible incidents (violence amongst detainees, suicide attempts, fire, etc.); • special facilities and PADs are not provided with medical equipment and consumables in accordance with the rules prescribed by the domestic and international standards; • cells and PADs have no radio sets with volume control and no TV antennas, which gives detainees no chance to receive information about events in the outer world; • in violation of the Law of Ukraine “On the Principles of Social Protection of the Disabled in Ukraine” the administrative buildings have no conditions for unimpeded access of the people with limited mobility: specifically, the entrance stairs are not equipped with ramps as required by the Construction Rules of Ukraine (DBN B.2.2 -17: 2006) “Buildings and premises: Accessibility of buildings and enclosures for people with limited mobility”, or the entrances are equipped with turnstiles. SECTION 2. 49

The station of the 2d unit of Vinnytsa City Police Novoselytsa District Police Unit, Chernivtsy Region

Solomyansky Ditrict Police Department, Kyiv At the station of the 2d unit of Vinnytsa City Police Typical shortcomings characteristic of reception and distribution centers for children include: • absence of toilets in sleeping rooms; • absence of doors in toilet cabins for boys and girls, which excludes privacy and does not conform with the requirements of Section 19.3 of the European Prison Rules. 50 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Reception and distribution center for children in the City of Kyiv Monitoring visits revealed the following shortcomings at temporary holding facilities and special reception centers for custody of persons subjected to administrative detention: • excessive humidity and fungi infestation of the walls, floor and ceiling in the cells of some institutions;

Uzhgorod THF, Transcarpathian Region THF of Chernivtsy Region • facilities are not equipped with shower cubicles as required by the agency’s construction rules and international standards, while the existing showers do not conform with the basic requirements; SECTION 2. 51

Korets District THF, Rivne Region. Lviv City THF.

Svitlovodsk THF, Kirovohrad Region Kostoplil District THF, Rivne Region • special facilities do not have or do not operate any “hot lines” for detainees provision of information on the situation with human rights respect in institutions; • the number, space and equipment of exercise yards do not meet the domestic and international standards (insufficient floor area, absence of rain canopies, etc.);

Bohunsky District THF, Zhytomyr Region Vinnytsa City THF 52 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• the temperature in cells and other premises is below 18 degrees Celsius, which is a violation of p. 10 of the Standard Minimum Rules for the Treatment of Prisoners;

Cell No. 5 of Bohunsky District THF, Zhytomyr Cell No. 7 of Chernivtsy THF Region (16 0 С)

Cells of Rivne City THF (15 0 С) Investigators’ office at Chernivtsy THF

• absence of visiting areas, as a result of - failure to notify detainees’ relatives about which persons held at the facilities do the place of detention; not receive visits from their nears; - holding of individuals in PADs in excess of • inmates are deprived of the right to the permitted time; apply to the Ukrainian Parliamentary - absence (both in the holding facilities Commissioner for Human Rights or to and police units) of lists of health care the European Court of Human Rights institutions providing substitution according to the procedure specified maintenance therapy (Appendix 1 to by law. the Procedures of interaction between Some of the identified shortcomings are health care institutions, Internal Affairs specific to temporary holding facilities bodies, remand prisons and correctional and premises for apprehended and centers with regard to effective continuity detained persons at duty units of the of substitution maintenance therapy police: (approved by Joint Order of the Ministry SECTION 2. 53 of Health Care, Ministry of Internal of individuals in need of SMT, as prescribed Affairs, Ministry of Justice and State Drug in the said Order. Control Service of October 22, 2012, No. The identified shortcomings in conditions 821/937/1549/5/156); of custody that are specific to temporary - at holding facilities and police units holding facilities are as follows: officers on duty are not familiar with the - some holding facilities are located in the course of action in instances of detention basement and semi-basement areas;

Marhanets THF, Dnipropetrovsk Region Three cells in Chernivtsy THF

• interviews’ rooms and lawyers are not to detainees. equipped with systems for conduct Shortcomings existing only at city, district of procedural actions in the video- and line police authorities include the conferencing mode during pre-trial following: investigation and court proceedings, in accordance with Articles 232 and - some premises and rooms for investigative 336 of the CCP of Ukraine; actions are furnished with metal cages that are not allowed by any standard and • prosecution authorities are not always holding in which may amount to cruel or notified about bodily injuries inflicted degrading treatment;

Interrogation room at Solomyansky District A metal cage in the guards’ room at the duty Police Department, Kyiv unit of Obolonsky District Police Department, Kyiv. 54 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• detainees are at long held in areas • free public access to the reception not equipped for detention (offices, area is not granted; such area may hallways, etc.); be entered via the lobby doors equipped with electronic locks and • rooms for conduct of investigative only on permission of a guard or actions are not available, or their police officer on duty on processing equipment fails to meet the established of ID and registration in the register requirements. Investigative actions of apprehended, visiting and officially and other measures envisaged by the invited persons; legislation of Ukraine (questioning, meeting with counsel, etc.) and • offices doors have no plates with titles necessary for comprehensive, of sections (sectors) and names and thorough and objective investigation official positions of the personnel, of the circumstances of the offenses which makes it impossible to establish, allegedly committed by detainees are if necessary, which premises were held in premises other investigation used to hold individuals who allege ill- rooms, which is prohibited; treatment on the part of the police.

Nosivka District station, MIA Department in Halych Ditrcit station, MIA Department in Chernihiv Region. Ivano-Frankivsk Region Shortcomings identified during inspection minimum standards; of special vehicles of MIA authorities • cell doors have no grated apertures for include the following: ventilation purposes; • personal effective area in cells (boxes) of special vehicles is less than 0.5 square meters, which is contrary to recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment as per p. 131 of the report on its visit of 2000; • height of the door of the cell is less than 1.55 m, which is not up to the SECTION 2. 55

Special vehicle UAZ 3741 of Novoselytsya Distrcit Police, Chernivtsy Region • lights in cells is absent or inadequate; • cells have no heating and air conditioning systems, or they are out of order;

Special vehicles GAZ 3302 of the convoying unit of Chernivtsy Region 56 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Special vehicle UAZ 31514, Chernihiv City Police • vehicles and cells are not cleaned up, the floor is littered with sunflower seed husk, cigarette butts, empty cigarette boxes and plastic bottles.

Special vehicle GAZ 330712, City of Drohobych, Lviv Region In view of these factors transportation of detainees and arrestees in such conditions may be assessed as nothing short of cruel and degrading treatment or punishment. MIA has no universal standards for equipment of vehicles and railcars for transportation SECTION 2. 57 of prisoners that would meet the relevant not always fulfilled: specifically, in violation international rules and standards. of Art. 19 of this Law district police officials fail to perform objective, comprehensive Inappropriate management of official and timely review of the statements and documentation: complaints entered by citizens into the - free access to complaints register and complaints and suggestions register and suggestions is not granted; this register the citizens are not informed about the is kept by the officer on duty and may be outcomes of the review of their applications accessed only on permission of the access or complaints or about the essence of control officer. The requirements of the relevant decisions; Law of Ukraine “On Citizens’ Petitions” are

Kyivo-Svyatoshynsky District Police Unit, MIA Zhovtnevy District Unit, City of Poltava Main Department in Kyiv Region • registers of medical assistance for the respect of the right to medical persons held at the duty unit are not assistance and impedes fact-finding maintained properly, which excludes with regard to any inflicted bodily proper control over the respect of harm; the right to medical assistance and • registers of FLA centers notification are impedes fact-finding with regard to not maintained properly; any inflicted bodily harm; • registers of apprehended, visiting • individuals in custody of special and officially invited persons at the facilities are not allowed to make city, district or line police bodies own entries into the initial screening are not maintained properly, which loggers as to any complaints regarding obstructs control over the lawfulness their health condition; of citizens’ apprehension or holding • registers of medical assistance to in the service premises of the police. detainees held at temporary holding Registers do not always contain entries facilities are not maintained properly, on the time when an apprehended or which excludes proper control over invited person left the police station, 58 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

or on actions taken with regard to familiarization of their staff with the an apprehended person (making of domestic and international legislation the protocol, acknowledgement of and MIA regulations in the sphere of explanations, etc.), or indications of human rights. the position and name of the police Regulatory deficiencies officer who apprehended or invited a person to the police station. Entries Part 3 of Art. 327 of the Code of in the registers do not refer to the Administrative Offences stipulates that status in which a person remained at administrative arrests are served according the police unit (apprehended person, to the rules established in the laws of officially invited person or visitor); Ukraine, but such laws at the moment do not exist. • duty rotation loggers contain no data on individuals held at the premises for Individuals punished by administrative apprehended and detained persons, arrest serve their term at special reception including those held in excess of the centers for administrative arrestees that established time limits; function in accordance with the relevant Provisions approved by the Ministry of • registers of exits do not contain entries Internal Affairs of Ukraine on September about the grounds on which detainees 18, 1992, No. 552. In contravention of are ordered out of their cells, which Resolution of the Cabinet of Ministers of excludes control over the lawfulness Ukraine No. 731, of December 28, 1992, of such exits. Moreover, such registers “On Approval of the Provisions on State do not contain data on all such exits, Registration of the Regulations of Ministries without any exception, inclusive and Other Bodies of State Power” this of exits for purposes of exercise, regulation was not brought into conformity bactericidal treatment of cells, etc.; with the Constitution and laws of Ukraine, • documentation of patrol units that other legislative acts, ECHR and Protocols accounts for individuals apprehended thereto with regard to ECtHR case law or and brought to police units does not with the international treaties of Ukraine meet the requirements of the Field ratified by the Verkhovna Rada of Ukraine. Manual of MIA Patrol Duty Units; Status of implementation of the • plans of in-service training for the Ombudsman’s recommendations personnel of special facilities and suggested to Ministry of Internal Affairs police authorities for 2012-2013 and of Ukraine in 2013 2013-2014 training periods do not On the basis of findings made during include compulsory topics of human visits to custodial settings the staff of the rights respect in the operation of MIA NPM Department the Secretariat of the authorities. Examination of in-service Ombudsman sent, in the year of 2013, 75 training materials (lists of topics, plans, letters to the Ministry of Internal Affairs summary notes, etc.) and conducted and 3 letters to MIA Regional Departments interviews with the personnel give with appropriate recommendations as to grounds to assert that the leadership elimination of the shortcomings discovered of the visited authorities and facilities in the course of monitoring visits. has failed to arrange for proper SECTION 2. 59

On consideration of the Ombudsman’s satisfactory. recommendations on elimination of Proper sanitary and living conditions were shortcomings and of violations of human reached and are further provided at the rights in the operation MIA authorities and temporary holding facilities of Zhytomyr, units the Ministry conducted 77 internal Mukacheve, Svitlovodsk and Ivanivka city investigations and held disciplinarily liable and district police units of, respectively, 208 officials of the city, district and line Zhytomyr, Transcarpathian, Kirovohrad and police units and special facilities, including Odessa MIA RDs. 176 officers in medium and senior command positions. Visits to Zdolbuniv district police (Rivne Region) and of city and district police units The management of MIA Regional in Ivano-Frankivsk, Odessa and Chernivtsy Departments approved Plans of Regions have shown a proper level of administrative and practical measures for availability of medication and equipment. elimination of identified shortcomings and further prevention of violation of human The administration of Kostopil temporary rights and freedoms in MIA operation. holding facility (Rivne Region) during renovation works took into account the For purposes of proper review of and Ombudsman’s recommendations made response to the violations identified during earlier during the visits of other such monitoring visits the NPM staff sent, in the facilities in that Region and of Korets year of 2013, 31 letters to the Prosecutor District police. In particular, toilets were General’s Office and 6 letters - to the furnished with semiautomatic flushes, Regional Prosecutor’s Offices. and cells – with radio transmitters, alarm In furtherance of recommendations buttons and TV antennas. made during 2013 MIA discontinued Unfortunately, monitoring visits have the operation of one special facility for demonstrated that elimination of detainees subjected to administrative systematic deficiencies mostly occurs only arrest, of 25 temporary holding centers in the visited authorities and units. Visits to and of 113 premises for apprehended and the earlier unvisited custodial settings again detained persons at police units – as such reveal the typical shortcomings that the that fail to meet the requirements of the Ministry of Internal Affairs was repeatedly domestic and international standards. requested to eliminate in the light of Persons who are held at MIA special relevantly provided recommendations. facilities are at present receiving parcels In order to analyze the status of also on weekends and holidays. implementation of the recommendations Administrative arrestees at their special on elimination of the deficiencies revealed facilities can now receive visits (as per MIA during monitoring visits and to validate Public Order Department’s official telegram the accuracy of information about their of September 9, 2013, No. 10/3-6118). elimination in the earlier visited facilities and police units the NPM staff in 2013 At the temporary holding facility of Odessa conducted 11 follow-up visits. MIA Regional Department (RD) all service documentation is properly maintained and Such follow-up visits showed accomplished the conditions of detention have become positive changes specifically, improved 60 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

registration of persons in the police showed that such information did not premises, a return to the use of duty loggers fully conform with the reality. As a result, by patrolling officers (which improves the Ombudsman sent a submission records of the apprehended and detained), to MIA on the failure to implement the an update of service registers and other recommendations as to proper respect of documentation of duty police units and human rights and freedoms and on provision special facilities, harmonization of holding of untrue information to the Ukrainian conditions with the accepted standards Parliament Commissioner for Human Rights. (dismantling of beds allows increasing the In its letter of February 27, 2013, No. 3175 usable area per detainee, electrical lighting MIA informed the Commissioner about is improving, etc.). the measures taken to ensure proper holding conditions for the apprehended At the same time it was established that in a and detained persons at Pechersky District number of instances the Ombudsman had units, and provided the copies of the been provided with untrue information. internal investigation materials and of Kyiv For instance, the leadership of MIA and Kyiv City Police Order of February 22, 2013, No. City police reported to the Ombudsman 104, “On disciplinary liability of certain that the shortcomings discovered in the employees of MIA Main Department in operation of Pechersky and Holosiyivsky the City of Kyiv and of Pechersky District District police departments of the capital Department”. were eliminated, but the repeat visits 2.2. Monitoring of institutions of the State Penitentiary Service of Ukraine: Results

The structure of the penitentiary system punishments by deprivation of liberty of Ukraine includes: for juveniles; • 24 correctional centers for • 26 remand prisons and 6 penal enforcement of punishments by institutions that function as remand restriction of liberty; prisons. They hold persons taken • 69 arrest houses for serving arrest into custody for the time of pre-trial sentences; investigation and court hearings, or • 6 treatment facilities. sentenced to life imprisonment or arrest, as well as convicted prisoners As of January 1, 2014 the 182 institutions left at the institution for performance belonging to the State Penitentiary Service of in-house services/ works; of Ukraine held a total of 126,937 persons. • 112 penitentiary facilities (colonies) As compared to the previous year the for enforcement of punishments by number of inmates in SPSU institutions has deprivation of liberty; decreased by 20,175 people, or by 14%. • 7 juvenile correctional/ educational The number of prisoners at penitentiary colonies for enforcement of institutions SECTION 2. 61

The number of prisoners at penitentiary institutions

With the effect of the new Code of Criminal Procedure of Ukraine in 2013 the number of prisoners held at 26 existing remand prisons and 6 penal institutions decreased by 9,352 persons (31 %) and at present totals 21,502 persons, of whom • 1,189 persons are under pre-trial investigation (their number was 2,483 persons a year ago and 4,156 - two years ago); • 8,029 persons await court sentences (last year this number was 14,212, two years ago – 16,871).

The number of prisoners at remand prisons, as of January 1 (2009 – 2014)

In 2013 employees of the NPM Department together with the representatives of the public carried out monitoring visits to 31 institutions (15 remand prisons and 16 penitentiaries), of which two were repeat visits. The visits carried out over the last year covered 16 Regions (Vinnitsa, Dnipropetrovsk, Zhytomyr, Transcarpathian, Zaporizhzhya, Ivano-Frankivsk, Kyiv, Kirovohrad, Lviv, Luhansk, Mykolaiv, Rivne, Kharkiv, Khmelnytsky, Cherkassy and Chernihiv Regions). 62 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

NPM monitored the following institutions:

Penitentiaries (colonies) Remand prisons Oleksyivka penitentiary (No. 25) Kyiv remand prison Kachanivka penitentiary (No. 54) Kharkiv remand prison Kamyanets penitentiary (No. 101) Zaporizhzhya remand prison Olshany penitentiary (No. 53) Kirovohrad remand prison Ladyzhyn penitentiary (No. 39) Mykolayiv remand prison Stryzhavka penitentiary (No. 81) Lviv remand prison Uman penitentiary (No. 129) Rivne remand prison Stari Babany penitentiary (No. 92) Novhorod-Siversky penal institution Horodyshche penitentiary (No. 96) (No. 31) Horodok correctional center (No. 131) Transcarpathian penal institution (No. Mena penitentiary (No. 91) 9) Zamkova penitentiary (No. 58) Donetsk remand prison Shepetivka penitentiary (No. 98) Khmelnytsky remand prison Kolomyia penitentiary (No. 41) Ivano-Frankivsk remand prison Seleznivka penitentiary (No. 143) Luhansk penal institution (No. 17) Berdychiv penitentiary (No. 70) Follow-up visits Lviv remand prison Kyiv remand prison

Monitoring results of visits helped to support of the criminal subculture by the identify systematic violations of the institutional personnel; custody and sentence enforcement verbal abuse, threats of disciplinary procedures that entail cruel or degrading punishments, groundless refusal of incentive treatment of prisoners. rules application, and so on. Administrations of penitentiary The administration of Kamyanets-Podilsky institutions and remand prisons in a penitentiary (No. 101) in violation of the number of instances inhumanly or cruelly departmental regulations was not properly treated their prisoners and abused registering and recording the prisoners’ applied correctional measures by: injuries and failed to conduct timely excessive use of force and special means investigations of such facts. Personal against prisoners; medical records of individual prisoners contained entries on identified injuries but unreasonable application of harsh no such entries were made in the registers disciplinary measures; of the medical unit of this institution. imposition of extraordinary duties for During visit prisoners complained about cleaning of general use areas; unlawful actions of the administration, extra long holding of prisoners who violated improper nutrition, non-abidance by the the established custody rules in unsuitable correspondence dispatch procedures, lack premises of duty units; of opportunities to receive legal assistance, etc. The administration failed to properly SECTION 2. 63 resolve these matters, which caused a out in the Criminal Enforcement Code of conflict with a part of inmates and led to Ukraine. abridgement of their rights, by regular During the visit of Horodyshche penitentiary application of disciplinary measures (No. 96) the monitoring team held (incarceration) on fictitious grounds or for interviews with its prisoners, including petty misbehavior, with no examination of those held in punishment cells (locally prisoners’ complaints. known as DIZO/PKT) and higher security During the visit to Zamkova penitentiary unit. They alleged groundless imposition (No. 58) its inmates complained about of disciplinary measures for minor faults unreasonable placement into solitary (being to 2 to 5 minutes late for the confinement (on the day of the visit 50 morning exercise, absence of the breast prisoners were held in such cells). In response sign, sleeping at daytime, etc.). to relevant NPM recommendations Instances of disproportionate application Izyaslav District prosecutor quashed the of disciplinary measures against prisoners order of the governor of this institution were also found during the monitoring on preventive registration of prisoners of Stryzhavka (No. 81), Oleksyivka (No. 25), who repeatedly breach the sentence Seleznivka (No. 143) and Berdychiv (No. 70) enforcement procedure. The authorities penitentiaries. also cancelled an ordinance on disciplinary proceedings against a prisoner who was During the visits to Oleksiyivka (No. 25) punished by incarceration in a punishment and Ladyzhyn (No. 39) penitentiaries cell for 15 days for his first violation of the the members of the monitoring group rules (refusal to work). discovered separate barred rooms without any furnishings, used for temporary Interviewing of prisoners at Stryzhavka holding of prisoners who breached the penitentiary (No. 81) and examination established internal rules, for obtaining of official documents revealed that this their explanations. institution regularly practiced intimidation of newly admitted prisoners. These prisoners were groundlessly ordered to mop the floors beyond the existing schedule, and those who refused were groundlessly held in punishment cells or entrapped into violations of the internal rules, with the making of materials on holding them criminally liable under Art. 391 of the Criminal Code of Ukraine, on fictitious grounds. This negative practices occurred in Oleksiyivka penitentiary (No. 25). The administration of this institution abides by the criminal subculture to stratify prisoners and considers them repeat offenders of the internal rules with no regard to the methods of social and instructive work set 64 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Oleksiyivka penitentiary ( No. 25)

Ladyzhyn penitentiary (No. 39)

In violation of Art. 107.4 of the Criminal in the bathing premises. This stems from Enforcement Code of Ukraine the personnel inaction of the administration that allows of Seleznivka penitentiary (No. 143) abridges laundering of bedding only, as a result prisoners’ rights by depriving them of of which the inmates have to wash their their personal belongings and items and clothes in the cold water in the dormitory returning them in exchange for cigarettes. washstands. Specifically, prisoners with HIV/ AIDS In Berdychiv penitentiary (No. 70 , in violation receive daily use items as social assistance of Art. 102.5 of the Criminal Enforcement from the All-Ukrainian Network of People Code of Ukraine, the administration in a Living with HIV/ AIDS but these items are number of instances abusively applied later handed over to other prisoners in security measures during full search of exchange for cigarettes. prisoners admitted to the institution. Inmates of this institution also acquire During the initial interviews with such additional services for a fee, like washing prisoners (who were kept in a cell in the of own underwear with own detergent quarantine, diagnostics and screening SECTION 2. 65 unit) they all, although separately, were prisoners also informed that the elderly locked in the toilet for a considerable and sick women were forced to do physical time, until defecation in the presence of exercise, which was in violation of Art. an operations officer. This constituted a 124 of the Criminal Enforcement Code of violation of p. 38 of the Instructions on Ukraine. supervision of prisoners serving sentences In Dnipropetrovsk remand prison the at penitentiary institutions, approved by daily routine for prisoners unreasonably the State Department for Enforcement of prohibited sitting on beds. Failure to Sentences on October 22, 2004, No. 205. All comply with this requirement was seen as a prisoners who refused were later subject violation of the custody rules and entailed to disciplinary punishment, including penalties against offenders. incarceration in punishment cell. Negative practices of involving prisoners NPM also revealed ungrounded into work related to control over the restrictions of the rights of prisoners that behavior of other prisoners are prescribed in the law, as well as abuse of security measures: Prisoners at Kamyanets penitentiary (No. 101) who performed the duties of orderlies • lack of possibility to serve the sentence in and senior orderlies on the day of the the area of relatives’ residence; visit said that they were ordered by the • at daytime prisoners are allowed to stay administration to report any observed only in the instruction room or in the breaches of the in-house rules and outside common area and are strictly procedures by other prisoners, to instruct forbidden to appear in dormitories; the offenders of the daily routine and, in case of further incompliance, to notify the • watching of TV is limited; administration. • forcing of the elderly and sick prisoners Watching of TV at Seleznivka penitentiary to do physical exercise and assignment (No. 143) is unreasonably restricted, only of the elderly to upper bunks; one channel (“1 +1”) is allowed, and the • locking of prisoners in toilets during DVD-player that prisoners have bought at searches for a long time, until defecation own expense is kept by the senior orderly in the presence of personnel, and and accessible only on her permission and gynecological examination of the in her presence. searched women; The amount of work pay of the • prohibition to sit on beds at daytime, prisoners held at the punishment unit and so on. of Oleksiyivka penitentiary (No. 25) was Interviews of prisoners at Seleznivka communicated to them by a senior orderly penitentiary (No. 143) revealed that at out of prisoners, who brought the work daytime they are allowed to stay only in the sheet and showed where to sign it. In the instruction room or in the outside common production unit control over fulfillment of area and are strictly forbidden to appear the daily amount of work was exercised by in dormitories. Notice boards in the units prisoners engaged by the administration carry no information on the authorities as “activists”. These individuals were also to which one may lodge a complaint. The performing administrative duties not envisaged by the relevant legislation: 66 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

assignment to works, acceptance of penalties. Monitoring visits have also performed work statements, control over revealed that the procedure of prisoners’ fulfillment of the daily work amount, correspondence with their defenders and supervision of abidance by daily routine, prosecutors, as established by law, was not etc. complied with and that such letters were read by operations officers. At Bucha penitentiary (No. 85) one prisoner was assigned to make daily calculations of Prisoners held at penitentiary institutions the number of inmates to be taken out for have no opportunity to receive work. information of legal nature: Administrations of penitentiary • library funds of most institutions are institutions violate the prisoners’ rights to poor and lack works of fiction as well mailing, in contravention of the effective as proper numbers of the texts of the law: Constitution of Ukraine, Criminal Code, Criminal Procedure Code, Criminal • instances of delayed dispatch of Enforcement Code of Ukraine and other prisoners’ correspondence and of failure legal acts determining the status and to dispatch such correspondence; authority of law enforcement bodies, the • interference with the privacy of prisoners’ rights and obligations of prisoners and correspondence with the Ombudsman, the procedure of enforcement of criminal lawyers, prosecutors, etc. sentences; prisoners do not have ample opportunities to make use of such texts Substantial violations of the Laws of and other relevant academic literature. Ukraine “On the Ukrainian Parliament Commissioner for Human Rights” and Prisoners held at Berdychiv penitentiary (No. “On Preliminary Detention” and of the 70) complained that they could not get Criminal Enforcement Code of Ukraine with any explanations regarding the appeal and regard to prisoners’ correspondence were cassation procedures. In this conjunction discovered in remand prisons of Donetsk, Berdychiv Inter-District Prosecutor’s Office Volhynia, Zhytomyr, Luhansk, Odessa, reviewed the situation and ordered the Sumy, Kharkiv and Kherson Regions. The administration of the penitentiary to texts of supposedly private letters were eliminate such violations. marked with stamps on their registration In addition, discrepancies in the legislation by these institutions’ sections of control lead to violations of prisoners’ rights to over enforcement of judicial decisions. legal assistance. In response to such a In another instance the cover letter of a breach Berdychiv prosecutor noted that prisoner’s application to the Ombudsman the meeting with the defense lawyer carried a note made by the administration was refused in accordance with the of Zhytomyr penitentiary (No. 4) on the applicable law and, in particular, referred letter’s content, in violation of the Criminal to the requirements of p. 11 of Art. 134 Enforcement Code. of the Criminal Enforcement Code of Ukraine, as per which convicts are not Unjustified restrictions imposed by the allowed meetings when placed in solitary administration of Oleksiyivka penitentiary confinement. (No. 25) deprived the prisoners of the opportunity to appeal against imposed However, according to Art. 110 of the SECTION 2. 67

Criminal Enforcement Code of Ukraine the legislation) is unduly limited. the number and duration of convicted Seleznivka penitentiary (No. 143) has prisoners’ meetings with their lawyers is not only one telephone for the total of 322 limited. In accordance with the European prisoners, which significantly limits their Prison Rules all prisoners are entitled to right to communication. As a result, the legal assistance and the administration of convicts of both existing sections have to penal institutions is to provide reasonable make use of the phone under a schedule, opportunities for access to such assistance. every other day (one day for the first On this basis on April 12, 2013 Zhytomyr section and the other day for the second Administrative Appeal Court satisfied section), and the prisoners who work at the the relevant complaint, quashed the production facility can use the phone only earlier resolution Zhytomyr Precinct from 16.00 to 17.00. As a result, the time Administrative Court and deemed each prisoner has for the conversation, in unlawful the refusal of the administration view of the waiting list, is no longer than 5 of Berdychiv penitentiary No. 70 to grant minutes. Moreover, such restrictions also the prisoner in question a meeting with his cause conflicts between inmates. lawyer. Similar problems were revealed during During the interview with the inmates of the monitoring of Berdychiv penitentiary Ivano-Frankivsk remand prison a female (No. 70). The 440 prisoners in the re- prisoner complained that within a week socialization section could make use of of her custody in the institution and three telephones installed in a separate in violation of the law she was neither room; there was also a telephone in the informed about the procedure for the higher security unit and in the unit for exercise of her right to communication with lifers. However, phone conversations were relatives and the procedure for accessing not arranged in a proper way; according counsel, nor provided with information to prisoners, they had to use the phone as about the possibilities of psychological per an incomprehensible schedule. They assistance. also complained about poor quality of signal on the line and absence of partitions In some penitentiary institutions the or cubicles that excluded any privacy of prisoners’ right to phone calls (granted by communication.

In Ladyzhyn penitentiary (No. 39) during the visit one of the two available telephones was 68 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

in a defective state, and both were installed granted only to the already convicted in the inner yard of the institution, with no detainees occur under the supervision conditions for making telephone calls in of a representative of the institution’s the cold season. administration; Some provisions of the regulations of the • the established remand prison State Penitentiary Service of Ukraine are procedure according to which all contrary to the Constitution of Ukraine, replies to prisoners’ applications, which leads to violation of the detainees’ complaints, petitions and letters are and convicts’ rights: announced to them against receipt and attached to their case files does • for instance, Article 48 of the Constitution not conform with the requirements of of Ukraine provides the right to adequate Article 34 of the Constitution of Ukraine food but people exiting remand prisons that everyone has the right to freely to participate in criminal proceedings are collect, store, use and impart information in fact deprived of this right: 11 nutrition orally, in writing or otherwise, at own standards approved by Resolution of choice. The usual practice is also the Cabinet of Ministers of Ukraine of contrary to Art. 7 of the Law of Ukraine June 16, 1992 (No. 336) do not contain “On Information” according to which any rules as to mentioned category. no one may restrict a person in the Monitoring visits to remand prisons choice of the form and sources of have shown that this inadequate receiving information. Therefore, the regulatory framework leads to failures Ombudsman holds an opinion that the to provide such individuals with hot replies to all applications, complaints, meals while dry rations are provided petitions and letters are to be directly on irregular basis. The composition of delivered to individuals in custody and ration is set by prison administrations not attached to their case files; at their own discretion and usually shows a very limited range of products. • requirements of Article 32 of the The right to sufficient food is not Constitution of Ukraine regarding respected with regard to prisoners prohibition of interference with privacy of held in disciplinary units or cells and prisoners are not observed. For example, in solitary confinement when they are under p. 18 of the Internal rules of not allowed to buy food or to receive penitentiary institutions detainees are parcels and packages; not allowed parcels or packages and meetings with relatives before official • Article 31 of the Constitution of Ukraine arrest, and p. 88 of the same rules is not observed as the prisoners are prohibits meetings to prisoners held in not granted the privacy of letters, disciplinary or punishment cells or in telephone conversations, telegraph solitary confinement. messages and other correspondence: under the current legislation the The departmental regulatory framework correspondence of the detained and is characterized by significant differences sentenced persons is subject to review in the conditions and procedures of except specific instances established detention in custodial settings, specifically by law. At the same time phone in the lists of foods, essentials and personal conversations the right to which is hygiene products that may be kept, SECTION 2. 69 received in parcels and packages or bought Convention of Human Rights. at institutional kiosks. The conditions for prisoners in Despite the recommendations given by penitentiary institutions do not meet the the Commissioner for Human Rights in requirements of the legislation: her letter of March 13, 2013 to the Prime • number of beds in the sleeping Minister of Ukraine such differences premises exceed the floor area still continue to exist. At the same time standards specified in the legislation. prisoners’ human rights are also violated In the dormitories there is practically because of inconsistency between certain no empty space. Rooms for storage provisions in the regulations of the State of prisoners’ personal belongings Penitentiary Service of Ukraine. usually contain many unneeded items For example, provisions of p. 2.1 of Section while prisoners have to keep their 2 in Chapter VI of the Internal procedures belongings under beds; for remand prisons are of discriminatory • at some institutions the sleeping and nature as individuals taken into custody are auxiliary premises are not used for the entitled to parcels with the total weight not designed purposes; exceeding 50 kg per month, while under similar rules for penitentiary institutions • electrical wiring is installed in the sentenced prisoners have the right violation of insulation rules and safety to receive parcels and packages without regulations, which makes its use any such restrictions (Art. 112 of the Code extremely dangerous; of Criminal Punishment Enforcement of • some institutions do not have properly Ukraine). equipped rooms for education and Under mentioned regulations convicted instruction activities; prisoners may possess wrist- or pocket • in most institutions toilets are in an watches, which at the same time are not unsatisfactory condition. allowed to other categories of prisoners. Money and valuables discovered in For example, the quarantine, diagnostics possession of convicted prisoners are and screening unit at Berdychiv penitentiary seized and, according to a court ruling, may (No. 70) is located in a cell in the higher be transferred to the state, which conforms security section, which is equipped with with the requirements of Article 41 of the 20 beds. At the time of the visit this cell Constitution of Ukraine, while at the same was in a forlorn condition and did not time the money and valuable items seized have the auxiliary premises as prescribed from persons held in pre-trial detention are by law. The windows in this cell were in an transferred to the state not under a court improper technical condition, with plastic ruling but in accordance with a resolution film instead of glass, which made natural passed by the governor of the remand lighting very weak. Electrical lighting was prison and authorized by a prosecutor. provided by just one incandescent lamp, with no night lighting, and ventilation was The most frequent violation of human insufficient as the cell had only two small rights in penitentiary institutions is vents. The walls in the cell were damp, dirty the lack of appropriate conditions of and covered with yellow stains and the detention of prisoners, which leads to toilet had nothing like a flush. violations of Article 3 of the European 70 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

In the dormitories the sleeping areas are overcrowded; some hold from 90 to 150 inmates, which does not provide even minimal privacy and minimizes personal space; inmates use sheets from their bedding as improvised curtains between bunks. The obsolete design of windows makes their opening impossible; to access fresh air one has to dismantle the frames, which is not possible in the cold season. Cleaning schedules are not observed, the sleeping areas are dirty and littered, with unrepaired flooring and unpainted walls; current renovations have not occurred for a lengthy time. Despite availability of storage rooms the sleeping areas are cluttered with prisoners’ personal belongings.

Zamkova penitentiary (No. 58) Shepetivka penitentiary (No. 98) SECTION 2. 71

Ladyzhyn penitentiary (No. 39)

Stari Babany penitentiary (No. 92)

Toilet units require more renovation. At Ladyzhyn (No. 39) and Seleznivka (No. 143) penitentiaries the toilets are located in the outside yard and not heated in the cold season; they lack any flushing, get no regular cleaning and have persistent foul smell. Partitions provide no privacy, which is degrading to those who use the toilets.

Moreover, at Seleznivka penitentiary (No. 143) toilets in the dormitory are locked from 72 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

morning till 3 PM and the prisoners have use outside toilet that is never heated, in poor technical condition, hardly cleaned and has a persistent foul smell; this toilet has no partitions, lighting, toilet bowls or flushing water.

Higher security units at penitentiaries need to be made compatible with the requirements of the law, they are mostly designed to hold from 10 to 50 people. Prisoner’s beds are in usually in narrow long rooms, poorly lit and practically unventilated. Prisoners sleep on two-tier bunks the number of which exceeds the allowed quantity according to the floor area standards, as a result of which inmates hardly have any personal space. Inner yard windows are so tightly barred that hardly let natural light in, and the toilet and washing stand are separated from the common area by a low partition that does not provide adequate privacy.

Oleksiyivka penitentiary (No. 25) Stari Babany penitentiary (No. 92) SECTION 2. 73

Horodyshche penitentiary (No. 96)

Practically all visited punishment cells have insufficient natural light, no proper ventilation systems and toilets in poor technical condition. Some cells are furnished with three tiers of bunks, and the boards are not attached to the floor. Cells are narrow, with the no-flush toilet almost at the door. The small size of windows and their excessive barring do not provide enough fresh air and natural light. In some cells washstand and toilet are not properly separated from the room (their semi- partitions are only 0.75 m high), which makes decent use impossible. Because of the poor design the wash basin is installed directly over the no-flush toilet, which is degrading to users.

Stari Babany penitentiary (No. 92) Oleksiyivka penitentiary (No. 25) 74 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Stari Babany penitentiary Kolomyia penitentiary (No. Mena penitentiary (No. 91) (No. 92) 41)

Exercise yards for prisoners held in punishments units (DIZO / PKT) are in terms of their design similar to exercise yards in remand prisons, with the floor area of ​about 12 sq. m and barring instead of ceilings. Their rough wall coating was not fully removed, they need rain canopies and proper equipment for physical exercise. The conditions of detention for prisoners sentenced to arrest are not properly provided; such prisoners are held separately from others in punishment units. In Kolomyia penitentiary (No. 41) at the time of the visit such cell had 18 inmates, its walls were covered with yellow spots and mold, proper cleaning was not taking place, the air was stuffy and stale. Solid beds looked unsafe and hardly adequate for proper sleep.

As of January 1, 2014 penitentiary institutions had 1,888 convicts with life sentences. At some institutions holding this category of prisoners they sleep in one- or two-tier bunks in narrow, poorly lit and hardly ever aired cells. SECTION 2. 75

Horodyshche penitentiary (No. 96)

In Horodyshche penitentiary (No. 96) exercise yards for lifers do not meet the regulatory requirements; they resemble big cages, hardly serve their purpose because of the very insufficient area, and such unfitness is degrading to prisoners.

Remand prisons, in spite of the considerable decrease in the number of their detainees in 2013, fail to provide proper conditions of custody. The floor area per person standard provided by law (2.5 sq. m) does not meet the European standards and is not consistent with the Criminal Enforcement Code of Ukraine (which requires 4 sq. m per person in the living areas of penitentiary institutions). The equipment and furniture in remand prisons is aged and worn out, sleeping areas require current and, in some instances, capital renovation. The same stands for utility networks; electrical wiring does not meet the insulation and safety rules. Lighting and ventilation are inadequate (dirt, dust, stench and staleness of air), the walls are damp and covered with mold; prisoners cover cracked and fractured wall coating with posters and blankets. 76 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Kyiv remand prison Ivano-Frankivsk remand prison

Lviv remand prison Luhansk penal institution (No. 17)

Donetsk remand prison

Cell windows are technically deficient, sometimes with broken glass and often with opaque glazes that do not provide sufficient natural lighting. The windows are secured with rusty fine mesh clogged with litter and hindering access of natural light inside. SECTION 2. 77

Luhansk penal institution (No. 17) Khmelnytsky remand prison

Zaporizhzhya remand prison

Despite the earlier recommendations the administrations of Khmelnytsky and Lviv remand prisons did not remove metal shutters on the outer side of windows, as a result of which electrical (although insufficient) lighting is continuously on and access of fresh air is limited. Common cells are cluttered with the personal belongings of prisoners. Bedding is provided, and some bedding items are used as curtains. Mattresses and pillows are mostly aged and worn. Most inmates use their own bedding. 78 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Luhansk penitentiary (No. 17)

Khmelnytsky remand prison Mykolayiv remand prison

Toilets and washing areas are separated by partitions or bedding curtains and unsanitary. Leakage of washstand taps is prevented by pieces of cloth, some faucets are out of order. As toilets have no flushes the prisoners use improvised flushing appliances made of plastic bottles serving as water containers. SECTION 2. 79

Mykolayiv remand prison Lviv remand prison

Ivano-Frankivsk remand prison

Khmelnytsky remand prison Donetsk remand prison 80 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Electrical wiring is ​​in violation of the insulation and safety requirements, some wires are bare, sockets – out of order, and electrical bulbs – within easy reach for lack of shade bowls. Premises of gathering units are not properly equipped and need renovation; most of them are in unusable condition. Enclosures in such premises are too narrow, have no natural light (some even without windows), benches are either of metal or not provided, adequate ventilation and furnishings are not available, there is no access to water, the toilets are located on the outside, the sanitary conditions are poor.

Luhansk penal institution (No. 17) SECTION 2. 81

Zaporizhzhya remand prison Lviv remand prison

In cells for transit prisoners there are no conditions for temporary custody and walls, floor, ceiling as well as sanitary conditions are very unsatisfactory. There was a lot of litter that, according to the prisoners, had not been cleaned after the earlier held group. The cells are unfit for custody and need renovation for compliance with the legislative requirements.

Ivano-Frankivsk remand prison

Kyiv remand prison Zaporizhzhya remand prison 82 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Electrical wires are exposed and tangled with makeshift string supports; any conditions for food storage are lacking. The window frames are out of order and curtained with quilts; for lack of ventilation the air in the cells is stale. Punishment cells of remand prison are too small even for one person (not more than 2 sq. meters) and when the bunk is unhinged it takes all this area. In Kharkiv remand prison some of such small cells are expected to hold two inmates. Small size of windows and their excessive barring do not provide enough fresh air. For lack of natural lighting electric light is constantly on.

Novhorod-Siversky Kharkiv remand prison penitentiary (No. 31)

Lviv remand prison

Exercise areas’ equipment in remand prisons does not meet the regulatory requirements. An exercise area as a rule looks like a windowless concrete enclosure of 12 or 30 sq. m with overhead barring instead of a ceiling. The rough wall coating was not replaced, SECTION 2. 83 the exercise yards need proper renovation, rain canopies and the conditions for proper physical exercise. Drainage pipes and gutters in the enclosed areas on the roofs of secure buildings do not function properly, as a result of which the ceilings and walls in the premises beneath are in appalling sanitary condition. Lighting on the stairs used to take prisoners out for exercise is absent altogether.

Zaporizhzhya remand prison Kharkiv remand prison

Luhansk penal institution (No. 17) Kyiv remand prison

The low level of prisoners’ accommodation conditions abridges their rights under the law. Monitoring visits revealed a number of instances when in the cold season temperature in the cells, dormitories and other premises of penitentiary institutions and remand prisons was below the established standard. In Stryzhavka (No. 81), Berdychiv (No. 70), Seleznivka (No. 143 ), Olshany (No. 53) penitentiaries and Luhansk penal institution (No. 17) in different areas (cells, sleeping areas, room for relatives’ visits, medical units) the temperature ranged from 10 to 18 degrees C, and the central heating radiators were cold. In this regard the monitors received numerous 84 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

complaints from prisoners and their relatives who stayed at the rooms for long-term visits. Each penitentiary institution and remand prison operates a bathing and laundering facility; some buildings are equipped with separate shower rooms for different categories of detainees and prisoners held separately from others. They are, mostly, spacious and well-lit premises with access to hot water. However, in most of them there is no possibility to alter temperature and pressure of water and no individual cubicles.

Zaporizhzhya remand prison Kolomyia penitentiary (No. 41)

Because of the worn equipment and poor quality of laundering the prisoners wash their personal belongings themselves, in the sleeping areas that are unsuitable for this purpose, and dry their washing in cells or in the outside common area.

Lviv remand prison Zamkova penitentiary (No. 58) SECTION 2. 85

Seleznivka penitentiary (No. 143)

Continuous access to drinking water is not provided, water is supplied from local networks and periodically turned off. In many cells there are no tanks for drinking water, and the prisoners have to draw water for washing and drinking into the same plastic bottles that they use for flushing the toilets. The general sanitary condition of penitentiary and remand prison kitchens is satisfactory. However, the interviewed prisoners complained that because of incompliance with cooking prescriptions the food served is of poor quality and improper organoleptical characteristics. For instance, at Zamkova penitentiary (No. 58) frozen fish was fried in bread ovens. 86 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

The range of foodstuffs and essentials in 114 articles recommended for on-site sale on-site stores does not meet the minimum by the State Penitentiary Service of Ukraine approved by the State Penitentiary Service the said institution in 2013 was offering of Ukraine. only 35 articles. On the day of the visit to Stryzhavka (No. 81) Furnishings in the rooms for short-term and Kolomyia (No. 41) penitentiaries the on- visits of relatives in some institutions site stores were closed and the lists of goods are rather shabby, such rooms are not did not feature a number of essentials and properly maintained and some of them are underwear. Available cigarettes were of one totally unsuitable for use and, therefore, make only. On the day of the visit to Bucha negatively affect the course of short-term penitentiary (No. 85) its prisoners could buy visits. only cigarettes and tea. Out of the list of

Ivano-Frankivsk remand prison

During the visit of the monitoring team to Shepetivka (No. 98) and Berdychiv (No. 70) penitentiaries the temperature in the rooms for long-term visits ranged from +10 to +14 C. Moreover, such rooms had poor natural lighting and some were not cleaned. Hot water is supplied to such rooms for only 2 hours a day, which does not give enough comfort to visitors. SECTION 2. 87

Shepetivka penitentiary (No. 98) Horodyshche penitentiary (No. 96)

During visits special attention was given to the measures taken by the administrations of institutions in order to create decent work conditions for prisoners and to ensure labor safety at production facilities. Monitoring teams drew a general conclusion that the legal requirements as to prisoners’ work in compliance with labor protection, labor safety and relevant sanitary rules are not properly observed. Most premises in production areas look neglected, have inadequate lighting, leaking ceilings, high moisture, improper ventilation and mold on walls.

Horodyshche penitentiary ВК (No. 96) Olshany penitentiary (53) 88 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Kolomyia penitentiary (No. 41) Shepetivka penitentiary (No. 98)

The sanitary inspection rooms in most institutions need reconstruction and repair, and the changing rooms are not properly furnished. Toilets and showers also need renovation as they do not meet the existing health and hygiene standards.

Stari Babany penitentiary (No. 92)

For lack of appropriate conditions in production areas the prisoners keep their working fatigues in unfit closets with no lighting that are never aired and littered. Personal hygiene areas and rooms for rest in the working areas look neglected and desolate. SECTION 2. 89

Shepetivka penitentiary (No. 98) Olshany penitentiary (No. 53)

Prisoners hardly ever make use of individual protection means although under the labor safety regulations they are obligatory for a number of specific works: in Stari Babany (No. 92), Bucha (No. 85) and Shepetivka (No. 98) penitentiaries the prisoners were not wearing protection masks, helmets, overalls, safe footwear and safety glasses with heavy-duty lenses, as required by stone-work labor safety regulations; in Olshany penitentiary (No. 53) the prisoners who work with moist raw materials for glass production are not provided with changing gloves, and those who work in the carpentry do not get safety mittens and protective masks; in Uman penitentiary (No. 129) in the area where souvenir glass orbs with silver coating are made the prisoners were handling light bulk materials (silver dust) and toxic glue without any means for protection of the respiratory system.

Stari Babany penitentiary (No. 92) Olshany penitentiary (No. 53)

Penitentiaries occasionally violate the right to fair wages and the prisoners are not able to make full use of the earned money on their personal accounts: • in Horodyshche penitentiary (No. 96) there have been instances of incomplete transfer of prisoners’ personal means (wages) to deposit accounts of the State Treasury, as this 90 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

money was borrowed for some current prisoners of Seleznivka penitentiary (No. 143) needs of the institution; were only 0.11 UAH. Similarly, in Berdychiv penitentiary (No. 70) the prisoners’ pay per • in Seleznivka penitentiary (No. 143) one pair of gloves was 0.05 UAH. Therefore, wages of prisoners were unlawfully the contracts made by these institutions subjected to insurance deductions; the were economically unfeasible for prisoners administration of this institution failed as they excluded any possibility of fair to create proper working conditions wages. and violates the constitutional right to wages no lower than established Examination of labor remuneration of a by law. Minimal wage rates are also team of maintenance workers at the trailer applied to remuneration of prisoners’ assembly site in Bucha penitentiary (No. work in Berdychiv (No. 70), Bucha (No. 85) revealed that within 3 months (from 85), Stari Babany (No. 92), Shepetivka August through October 2013) 7 prisoners (No. 98) and other penitentiaries; were officially paid only 10 UAH per month, which amounts to degrading treatment in Bucha penitentiary (No. 85) the monitoring and may be deemed nothing else but team established the facts of unpaid work slave labor. by prisoners who were not informed about the applicable wages. Moreover, prisoners Another problem is that SPSU inadequately who are involved in on-site maintenance finances expenses for remuneration of and service activities and work full working on-site service personnel engaged out days are paid only 50 % of the minimal of prisoners. It should be noted that such wages. costs are financed from the state budget as per Line Item 2111 “Wages”, jointly Penitentiaries do not provide their with the expenses for remuneration of prisoners with the opportunity to hired personnel. Indeed, the wages of perform paid work in order to improve this category of prisoners were paid at a the prospects for their employment upon rate less than half of the minimal amount release. established by law, despite the fact During the monitoring visit to Bucha that most of these prisoners, given the penitentiary (No. 85) the number of continuity of the support technological prisoners working in the production area cycles at penitentiary institutions (canteens, totaled 226 although according to the inter-regional hospitals, laundries, financial plan of the facility this number etc.), worked at least 8 hours per day, was to be 159. This situation created the including weekends and holidays. Work on conditions for unfair remuneration: in 2013 weekends and holidays, in violation of the prisoners were making, on the average, requirements of the Labor Code of Ukraine, only 370 UAH per month. was not remunerated at all. NPM also found multiple facts of institution There are instances of unjustified administrations’ signing tolling contracts deductions from prisoners’ wages. with businesses (specifically, on making of In 2011 the State Penitentiary Service knitted garments and other products), with of Ukraine signed a memorandum of application of the minimum rates for labor cooperation in the field of insurance with costs. For example, the labor costs of “Gloria a private joint stock entity “Ukrainian Jeans” Company per one T-shirt made by SECTION 2. 91 security and insurance company” as to Joint NPM and civic monitoring of the voluntary insurance of senior, rank-and- current status of respect of the right to file and hired personnel against accidents. medical care of proper quality in remand SPSU Department in Luhansk Region prisons resulted in the Special Report of groundlessly extended the effect of this the Ukrainian Parliament Commissioner memorandum also on prisoners, as a result for Human Rights on “The status of of which the wages of 34 female prisoners medical assistance in remand prisons of at Seleznivka Penitentiary (No. 143) were the State Penitentiary Service of Ukraine”. subject to 75 UAH deductions as insurance In this report the Commissioner reflected payments. Thus the total insurance the issues with medical examination in payment amounted to 2550 UAH and remand prisons, availability of health care in October 2013 the accounting section professionals, quality of diagnostic and of the penitentiary transferred this sum other equipment, efficiency of measures to the “Ukrainian security and insurance for prevention of infectious diseases company”. within institutions, exercise of the right to health care of the vulnerable categories In violation of Art. 110 of the Labor Code of prisoners – persons with tuberculosis, of Ukraine and of Art. 30 of the Law of HIV/ AIDS, hepatitis, drug addicts, mental Ukraine “On Labor Remuneration” the patients, women, minors and people with administration of the penitentiary and the special needs. company failed to inform the prisoners about the amounts of their pay and, The report carries references to various specifically, its calculated amount, the international documents that prescribe amounts of deductions and their grounds, basic requirements for health care support and the amounts to be transferred to in custodial settings. The results of the personal accounts. conducted monitoring served as the basis for relevant recommendations to the State In violation of the Resolution of the USSR Penitentiary Service of Ukraine with regard State Committee for Labor and of the to improvement of the conditions for Presidium of the All-Union Council of Trade medical services in remand prisons. Unions No. 731/P-13 of December 16, 1987 “On the procedures of free provision of Monitoring visits and follow-up analysis milk or other similar foodstuffs to workers of how the right to medical assistance and employees engaged in work under is respected in penitentiary institutions hazardous conditions” the prisoners revealed systemic nature of the following who worked at production sites with violations: hazardous working conditions (including • poor conditions of detention of foundries, electric and gas welding works, prisoners with contagious tuberculosis; etc.) were not getting free milk and were not additionally paid for such work in the • improper examination of prisoners for amount established by law. HIV infection and insufficient level of medical care for prisoners with HIV/ Despite measures taken the level of AIDS; medical assistance to prisoners at penitentiaries and remand prisons is • inadequate supply of medical units insufficient, which may be regarded as a with the necessary medical equipment manifestation of ill-treatment. and medicines; 92 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• low level of institutional staff’s assistance to prisoners. familiarity with the requirements of the Regarding certain groups of international instruments on human prisoners the following violations were rights or the standards as to treatment revealed: of prisoners; Patients with tuberculosis: • lack of in-service and advanced training for institutional health care • in Olshany penitentiary (No. 53) the personnel; isolation ward for prisoners suffering from contagious tuberculosis is in • handling of medical documentation unsuitable premises (inadequate in ways incompatible with the ventilation system, absence of UV requirements of the current legislation; lamps); • inappropriate implementation of joint • in Seleznivka penitentiary (No. 143) the orders of the Ministry of Justice of health care post established instead of Ukraine and Ministry of Health Care a medical unit has no X-ray room; of Ukraine as to provision of medical

• at Kyiv remand prison the conditions for TB patients, especially those with the contagious form, are unsatisfactory: for lack of ventilation system the rooms are stuffy, smelly, humid and filled with cigarette smoke, which is not conducive to recovery. Stationary UV germicidal lamps are not available. The patients are not provided with disposable spitting cups. SECTION 2. 93

January 2013 the same ward in November 2013

The wards at the infectious insulator of Lviv remand prison are equipped with two tiers of bunks, which amounts to ill-treatment of prisoners with TB who need limited physical activity.

Patients with viral hepatitis and other is provided by the therapist (GP) of infectious diseases the institution, with the assistance of consultants from the assigned health care A special issue is the situation with establishment who visit the institutions treatment of viral hepatitis B and C in irregularly or when needed. the acute stage. Such patients require inpatient treatment in accordance with the Persons with mental disorders applicable law. However, medical units of The positions of psychiatrists are filled not remand prisons are not able to ensure such at all institutions; in most institutions med- treatment and can only provide continuous ication for psychiatric patients in available antiviral medication or supporting not in the sufficient amounts. In the ab- ambulatory anti-inflammatory treatment. sence of in-house psychiatrist the condition Another problem lies in the fact that not of patients is monitored by a GP. Remand every institution has an infectionist on prisons hardly ever seek help of psychia- its staff, and dynamic care to ill prisoners trists from institutions under the Ministry 94 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

of Health Care. Therefore, medical assistance to mental patients is practically unavailable. Psychiatric emergency teams are called only in cases of acute psychiatric disorders. For instance, at Luhansk penal institution (No. 17) the medical unit has a seclusion room for psychiatric patients but has not created proper conditions for provision of mental health care; the said room was in an unsanitary state.

In Kyiv remand prison there are no special medicines or staff psychiatrist; the conditions for mental health care were not created. The cells for the ill lack proper equipment, are dirty and furnished with broken items; their walls are affected with mold. One of the cells has practically no lighting or access to fresh air. SECTION 2. 95

Specialized psychiatric care to mental patients is hardly ever provided. Conflicts that emerge between patients entail degrading treatment in their circle. The monitoring team saw a patient with visible facial injuries who was tied to his bunk with ropes. Other prisoners from the same cell alleged that injuries had been inflicted by a cellmate in violence attack.

Of particular concern to the Ombudsman not only straitjacketed but also cuffed, and is the situation with treatment of mental even firearms may be possibly used. patients held at special institutions of the Another problem is in the inconsistency penitentiary system and, specifically, in of certain provisions of the Criminal the interregional specialized psychiatric Enforcement Code and departmental hospital with Vilnyansk penitentiary (No. regulations with the relevant international 20). Art. 106 of the Criminal Enforcement standards. Code and Section XII of the Internal rules for penitentiary institutions (approved Persons with disabilities by the State Department of Ukraine for Monitoring has shown that none of Enforcement of Punishments on December the remand prisons has created the 25, 2013, No. 275) regulate the use of comprehensive conditions for detainees special measures to prisoners but do not with special needs. There are practically no discern those with mental disorders from handrails, ramps, special detention areas, others. As a result the mentally ill may be technical means of rehabilitation or health 96 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

care professionals to provide appropriate convicted prisoners addressed to the conditions for rehabilitation of this category Parliament Commissioner for Human of prisoners. Only a few institutions have Rights, European Court of Human separate cells where persons with limited Rights and other relevant international mobility may be held, with relevantly organizations of which Ukraine is a member adapted toilets and showers, special beds or participant, or to the authorized persons and handrails. of such international organizations, or to the prosecutor or defense attorney. This Despite the fact that the international Instruction contravened the procedure standards and domestic rules admit the established in p. 4.8.5 of the Rules of need for rehabilitation activities for those detention of persons taken into custody unable to move on their own the Ukrainian and convicted prisoners, approved system of preliminary detention has, by Order of the State Department of regrettably, carried out no such activities. Ukraine for Enforcement of Punishments For absence of rehabilitation individuals on September 20, 2000, No. 192, and cannot restore the affected body functions, registered with the Ministry of Justice of prevent relapses or develop self-reliance Ukraine on October 27, 2000, under No. skills, which generally leads to further 751/ 4972, according to which in case of deterioration of their health condition. unavailability of the postal stamp and the Implementation of the Ombudsman’s envelope or the absence of money to buy recommendations given to the State such items relevant expenses were to be Penitentiary Service of Ukraine in 2013 covered by the remand prison. In the course of 2013 the Ombudsman’s Lutsk, Dnipropetrovsk, Donetsk, Artemivsk, reports on results of monitoring visits, Zaporizhzhya, Simferopol, Starobelsk, Sumy, with relevant recommendations on Mykolayiv, Rivne, Kharkiv, Khmelnytsky, elimination of the identified violations of Chernihiv and Chernivtsy remand prisons and human rights and freedoms of prisoners Novhorod-Siversky (No. 31) and Zhytomyr held at penitentiary institutions, were (No. 8) penitentiaries have equipped the so sent to the Prosecutor General of Ukraine, called model cells. Ministry of Justice of Ukraine and the State Penitentiary Service of Ukraine, for proper response and notification of the Ombudsman about the actions taken to eliminate the shortcomings. According to information received by the Secretariat of the Ombudsman, a number of activities were carried out in order to eliminate the identified shortcomings and to ensure the legal rights of the detained and sentenced prisoners. SPSU annulled its Instruction of April 28, 2010 (No. 3/2/1-2344) that prohibited acceptance of opened correspondence from persons taken into custody and SECTION 2. 97

Lutsk remand prison

Such cells have all conditions for detention of persons taken into custody and of convicted prisoners in accordance with the law. In particular, such cells have: • daytime and nighttime lighting and electrical sockets for personal use; • separate tiled toilets with sufficient ventilation systems; • new furniture items – beds, tables and benches, storage areas and TV stands, and cable television networks. The walls of cells are painted in bright colors, and the new plastic windows of convenient design provide free inflow of fresh air. Vinnytsa (No. 1), Kryviy Rih (No. 3) and Transcarpathian (No. 9) penitentiaries and Lutsk, Dnipropetrovsk, Donetsk, Mariupol, Ivano-Frankivsk, Kirovohrad, Soumy, Simferopol, Poltava, Rivne, Chortkiv, Kharkiv and Khmelnytsky remand prisons have brought the premises of gathering units and cells for transit prisoners into proper sanitary condition.

Lutsk remand prison Izmayil remand prison 98 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Kryviy Rih penitentiary (No. 3)

Vinnytsa (No. 1), Kryviy Rih (No. 3) and prisons and in Vinnytsa (No. 1), Kryviy Rih Transcarpathian (No. 9) penitentiaries and (No. 3) The Transcarpathian penitentiary (No. Lutsk, Dnipropetrovsk, Donetsk, Ivano- 9) and Dnipropetrovsk, Donetsk, Artemivsk, Frankivsk, Zaporizhzhya, Vilnyansk, Lviv, Zaporizhzhya, Kyiv, Odessa, Kharkiv and Mykolaiv, Poltava, Rivne, Soumy, Chortkiv, Kherson remand prisons renovated their Kherson, Khmelnytsky and Chernivtsy rooms for remand prisons reconstructed their punishment cells in order to bring the short-term and long-term visits and replaced detention conditions in compliance with their furniture and other fittings. the regulatory requirements. Стр 103 the temporary holding facilities In Lutsk, Dnipropetrovsk, Ivano-Frankivsk, (THF, domestically known as PTTs) Izmayil, Simferopol, Rivne, Soumy, Chortkiv, Kherson, Khmelnytsky, Kharkiv remand

Chortkiv remand prison

The Transcarpathian penitentiary (No. 9) and Dnipropetrovsk, Donetsk, Artemivsk, Zaporizhzhya, Kyiv, Odessa, Kharkiv and Kherson remand prisons renovated their rooms fro short-term and long-term visits and replaced their furniture and other fittings. SECTION 2. 99

Odessa remand prison Kyiv remand prison

Vinnytsa (No. 1), Transcarpathian (No. 9) dismantlement of 18 extra beds in the high and Zhytomyr (No. 8) penitentiaries and security area made it possible to provide Starobelk, Poltava, Soumy and Khmelnytsky prisoners with the floor area in accordance remand prisons equipped their exercise with the established standard. areas with rain canopies and replaced the Mena penitentiary (No. 91) renovated its rough wall coating with smooth coats of canteen and installed forced ventilation in paint. the cooking and dishwashing areas. Kamyanets penitentiary (No. 101) replaced Stryzhavka (No. 81) and Kolomyia (No. 41) the toilets in punishment cells, provided penitentiaries brought their stores and them with forced ventilation and repaired their services into compliance with the the roof of the punishment unit. departmental regulatory requirements. Zamkova (No. 58), Raykivtsi (No. 78) and The social and psychological work sections Ladyzhyn (No. 39) penitentiaries brought of Berdychiv penitentiary (No. 70) were the exercise yards in the high security units equipped with closets for storage of into compliance with the requirements of prisoners’ personal belongings. the law. Seleznivka penitentiary (No. 143) carried out Raykivtski penitentiary (No. 78) carried capital repairs and renovation of holding out maintenance works in the toilets of premises and installed two water heaters. the sections of social and psychological work and in the quarantine, diagnostics NPM has established a working and screening unit, and completed repair relationship with management and works in the exercise areas where the walls structural subdivisions of the State presently have smooth white-painted Penitentiary Service of Ukraine, its coatings. territorial authorities and their subordinate institutions. Olshany penitentiary (No. 53) renovated the toilets in the section of social and The Ombudsman participated in working psychological work and in the quarantine, meetings with the SPSU senior officials, diagnostics and screening unit. in the away meeting of SPSU Board in Chernihiv and in the international At Ladyzhyn penitentiary (No. 39) 100 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

conference “Accomplishments of modern Two round table meetings initiated by the science in current penitentiary practice”. Ombudsman assembled employees of the Presidential Administration, Prosecutor NPM staff took part in the round table General’s Office, Ministry of Justice and discussion held on September 18, 2013 the State Penitentiary Service; they and attended by representatives of discussed the draft of Internal procedures Prosecutor General’s Office, Ministry of for penitentiary institutions. This draft Justice and SPSU that addressed the issue reflected a number of proposals made by of unimpeded mailing for persons taken the Ombudsman and by NGO experts as into custody and convicted prisoners and to improvement of conditions of detention featured a debate on the procedure of for convicts sentenced to life imprisonment receipt, acceptance and dispatch of such with regard to prohibition of lifers’ weekly correspondence. transfer from one cell to another and their In this regard the Commissioner for Human handcuffing whenever out of cell, including Rights sent a letter to the Prosecutor General movement in the territory of the institution of Ukraine (of August 14, 2013) on failure of or provision of medical assistance. penitentiary and prison administrations to In order to ensure legitimate interests of comply with the requirements of the Laws detained persons and convicted prisoners of Ukraine “On the Ukrainian Parliament and the elimination of systematic violations Commissioner for Human Rights” and “On of human rights in penitentiary institutions Preliminary Detention” and of the Criminal the Ombudsman made a number of Enforcement Code of Ukraine. submissions to the Minister of Justice of The Prosecutor General’ Office of Ukraine Ukraine, specifically: replied about its official response action, • regarding elimination of violations of elimination of the earlier revealed the legislation on the use of special violations of the law and imposition units of the State Penitentiary Service of of disciplinary liability on the culpable Ukraine (of January 16, 2013) individuals. The joint meeting held on October 18, 2013 under the chairmanship SPSU has for a long time its own special of the Ombudsman and with participation units, without proper regulations on of representatives of Prosecutor General’ their operation. State registration of the Office, Ministry of Justice, State Penitentiary Order of the State Department of Ukraine Service of Ukraine and the Ombudsman’s for Enforcement of Punishments “On Secretariat, addressed establishment of a approval of the Provisions on the special working group to promote enhancement purpose unit”, of October 10, 2005, No. of safeguards of the rights and freedoms of 167, registered with the Ministry of Justice persons held at SPSU institutions. of Ukraine on February 16, 2006, No. 138/12012 (which set out the procedure for A working meeting with the heads of the use of special units in penitentiaries and relevant ministries and agencies occurred remand prisons), was annulled on the basis on November 4, 2013; its participants of the Opinion of the Ministry of Justice of determined the areas of activity of the Ukraine of December 24, 2007 No. 15/ 88 by joint group to increase the efficiency of this Ministry’s Order of December 26, 2007, implementation of the state policy in the No. 1302/ 5). Considering abovementioned sphere of human rights and freedoms. and in view of the availability of prisoners’ SECTION 2. 101 applications alleging unlawful actions communal health care institutions” and the of special units and relevant strong Order of the Ministry of Justice of Ukraine reverberations in the human rights on approval of the List of technical means community it was recommended, in order of supervision and control used in settings to ensure the constitutional rights to life, for convicted prisoners and persons taken security of person and proper treatment custody and on the Procedure of the use of during custody at penitentiary institutions, technical means of supervision and control to take action to cease the operation of in settings for convicted prisoners and special purpose units in the structure of the persons taken custody; State Penitentiary Service of Ukraine until • regarding elimination of violations a final decision on the legal and regulatory of the lawful rights and freedoms of grounds of their activity. women serving sentences in Seleznivka As a result of measures taken the Ministry penitentiary (No. 143) (of November 11, of Justice of Ukraine drafted Provisions on 2013) the territorial (inter-regional) militarized The monitoring visit to Seleznivka unit of SPSU and approved this regulation penitentiary (No. 143) revealed numerous by Order of July 3, 2007, No. 1325/ 5; violations of the rights and freedoms of • regarding elimination of violations female prisoners that may amount to cruel of the legislation during provision of or degrading treatment or punishment. In medical assistance to prisoners at health particular, the institution failed to provide care institutions (of January 25, 2013) for detention conditions as prescribed by law, does not grant prisoners their right to This submission sought proper respect telephone calls, does not properly arrange of the lawful interests of persons taken for prisoners’ purchasing of foods and into custody and convicted prisoners who other essentials; the administration of the receive medical assistance at health care institution has also failed to take sufficient institutions and immediate relevant actions measures to grant prisoners’ right to health for harmonization of the regulations of care (the penitentiary has no medical unit the Ministry of Justice of Ukraine on the at all). operation of SPSU with standards of the international and national legislation in the In order to ensure the respect of the lawful sphere of human rights and freedoms. rights of female prisoners serving sentences in Seleznivka penitentiary (No. 143) the In order to eliminate such violations the Luhansk Territorial Department of the Ministry prepared a draft of the Law of State Penitentiary Service of Ukraine was Ukraine “On Amendments to the Code recommended to take immediate action of Criminal Procedure of Ukraine” (with for bringing the penitentiary procedures regard to the use of electronic means of and conditions at the institution into supervision of prisoners) and drafted the accordance with the requirements of the Joint Order of the Ministry of Justice of Criminal Enforcement Code of Ukraine and Ukraine and Ministry of Health Care of the international standards in the sphere of Ukraine “On approval of the Instructions human rights and freedoms. on temporary holding and guarding of persons taken into custody and convicted Moreover, the Prosecutor General’s Office prisoners during their stay at state and of Ukraine received a summary of the 102 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

report on the visit to the said institution and and the case law of ECtHR, with recommendations on the use of the results involvement of representatives of of the visit in its oversight of compliance of the Secretariat of the Ukrainian SPSU authorities and institutions with the Parliamentary Commissioner for effective law. Human Rights (on their consent), of prosecutorial and judicial authorities According to information from the (on their consent) and of researchers Prosecutor General’s Office and Ministry and representatives of non- of Justice of Ukraine the SPSU examined governmental organizations; the recommendations based on the monitoring visit results, took a number of • to draw the attention of the Section practical measures to redress the violated of interaction with the Ministry of rights of the prisoners, in accordance with Justice’s Department of interaction the developed and approved action plan with the State Services of Ukraine to for elimination of shortcomings identified the insufficient level of coordination during the monitoring visit of Seleznivka of regulatory efforts in the sphere of penitentiary (No. 143), and brought five enforcement of criminal punishments; culpable officials to disciplinary liability. • to consider the possibility of In furtherance NPM Department of coordinating regulatory acts that recommendations as to elimination contain rules affecting the rights, of shortcomings identified during freedoms and lawful interests of monitoring visits the SPSU at its extended citizens in custodial settings with the working meeting of November 27, 2013 Parliament Commissioner for Human approved a plan of additional activities Rights, prior to state registration of for strengthening of the safeguards of such acts. the rights and freedoms of persons held In his official reply of November 18, at agency’s institutions and prevention of 2013 on measures taken the Minister of torture and cruel, inhuman or degrading Justice of Ukraine informed that, in order treatment or punishment; to draft proposals for improvement of • regarding harmonization of legal acts the legal definition of the conditions of that regulate the activity of authorities detention of persons isolated from the and institutions of SPSU with the society, a Working Group was established requirements of the national legislation, and composed of representatives of the European practices and standards for stakeholder executive authorities, with treatment of prisoners (of October 15, participation of representatives of the 2013) Secretariat of the Ombudsman. The letter also contained information on appropriate In order to ensure legitimate interests of measures taken to bring a number of persons taken into custody and convicted legal and regulatory acts into conformity prisoners it was recommended: with the requirements specified in the • to take immediate steps for Ombudsman’s submission and on further harmonization of legal acts that continuation of such activities. regulate the activity of the authorities and institutions of SPSU with the domestic and international standards SECTION 2. 103

2.3. Results of monitoring of institutions of the State Border Service of Ukraine

Custodial settings of the border • 4 SPs (of the border control units of administration agency include specially Chernihiv, Odessa (repeat visit), Sumy equipped facilities for individuals detained and Luhansk). under the administrative procedure for In May 2013 NPM carried out a repeat visit violation of the legislation on the state to Odessa International Airport which in borders of Ukraine – the temporary 2012, on demand of the Ombudsman, detention facilities (TDF, domestically had closed its special premises for border known as PTTs) and special premises (SP). legislation offenders, for the reason of As of December 31, 2013 the agency incompliance with the minimum standards maintained and operated 71 custodial for treatment of detainees. According to settings with the total capacity of 463 the monitoring group the new facility that detainees at a time (as of December 31, has operated since February 2013 fully 2012 the agency had 85 such settings (or meets the generally accepted standards 17 % more) - 10 THFs and 75 SPs). Presently as to the rights and freedoms of detainees. available facilities are: Unlike the old facility, the new one has enough natural and artificial lighting and a • 11 temporary holding facilities capable proper ventilation system. Interviews with of holding 268 persons, and the staff also revealed border guards’ better • 60 special premises for 195 detainees awareness of prevention of torture and ill- at a time. treatment and of the activities of the NPM of Ukraine. During the year the Border Service’s custodial settings held 1,302 persons from Administrations of the visited facilities 45 countries (of which 897 were in custody usually provided unimpeded access to the for up to 3 days and 405 for over three days). members of monitoring teams, although Such number of detainees is much (23 in some instances, e.g. during the visits to %) lower than in the year of 2012 (1,686 Chop, Mostyska and Sumy border units, the detainees), which is primarily attributable team had to wait for permission for 20 to 30 to the changes in the domestic criminal minutes. procedure law. The commanding officers and staff of During the reporting period the employees the detention facilities did not impose of the NPM Department visited 8 facilities and obstacles and did not interfere with of the State Border Service of Ukraine; one private interviews with detainees, and the of these facilities was visited for the second members of the monitoring group could time (in 2012 NPM made 5 visits and 1 communicate with them in accordance repeat visit). with Art. 20 (d) and (e) of OPCAT and p. 3 of Art. 19-1 of the Law of Ukraine “On the Specifically, NPM visited: Ukrainian Parliamentary Commissioner for • 4 THFs (of Chernihiv, Chop, Sumy and Human Rights”. Mostyska border control units) and Obtained data during interviews with 104 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

detainees, administrators and personnel punishments and no procedures for of the holding facilities and the results of their effective application in order, for familiarization with the existing procedures, instance, to put an end to violations of documents and detention conditions allow the internal rules of the facility; drawing a conclusion that the State Border • at present there are no special programs Service of Ukraine has achieved significant on prevention of torture and of cruel, positive results in the area of ​human rights inhuman or degrading treatment or and freedoms of detainees, including, in punishment for the personnel involved particular, decent conditions of detention. in the apprehension of offenders and This was largely made possible​​ by the their guarding. policy of cooperation with the competent international and European institutions, Regulatory deficiencies that may lead to ill- like Ukrainian offices of International treatment also include the following: Organization for Migration and of the United • rules and standards in the current Nations High Commissioner for Refugees, Regulations on the procedure of and with border and immigration control holding of individuals detained by authorities of such EU countries such as the State Border Service of Ukraine Poland, Hungary and Lithuania. However, under administrative proceedings for the process of treatment of detainees at violation of the legislation on the state the border control agency’s facilities does borders of Ukraine and on suspicion of not fully guarantee protection against a criminal offense (effected by Order cruel, inhuman or degrading treatment or of SBSU of June 30, 2004, No. 494, and punishment. registered with the Ministry of Justice For example, there is no rule as to (and, of Ukraine on July 15, 2004 under No. therefore, no such practice) mandatory 886/ 9485) do not meet the current video and audio recording of the offender’s minimum standards for the treatment questioning immediately on detention, of persons taken into custody as set during the making of documents on the out in the recommendations of the administrative offense and arrest. The Subcommittee on Prevention of Torture existing rules also fail to require mandatory of the UN Human Rights Committee audio and video recording of the first and the European Committee for interrogation of the detained by the staff in Prevention of Torture (CPT) and in charge of operations and retrieval, which is their annual and special reports, and, usually performed prior to placement into therefore, require revision; a temporary holding facility. • Joint Order of the Ministry of Internal Recommendations with regard to Affairs of Ukraine, Ministry of Health implementation of such procedure were Care of Ukraine and the State Border provided to the leadership of the State Service of Ukraine of April 17, 2012, Border Service of Ukraine but, regrettably, No. 336/268/254, “On the material have not yet been put into practice. and medical support of foreigners and stateless persons held in temporary Other preconditions for possible ill- facilities for persons illegally staying treatment include the following: in the territory of Ukraine, holding • in regulations of the Border Service facilities and special premises”, there is no specific list of disciplinary registered with the Ministry of Justice SECTION 2. 105

of Ukraine on May 11, 2012 under No. legal grounds for custodial holding of such 748/ 21061, specified relevant rules persons in these areas and for restriction of with regard to foreigners and stateless their fundamental rights. persons held at the said facilities, but in During the visit to Donetsk international the absence of similar rules for citizens airport NPM staff found that the border of Ukraine held at SBSU facilities, and guards placed and held individuals who may thus be viewed as contrary to were not allowed into the territory of the principle of non-discrimination Ukraine in separate premises with limited laid out in the Law of Ukraine “On access. Such detainees were provided with the Principles of Prevention and no food at all, despite lengthy duration Combating of Discrimination in of their custody (sometimes up to several Ukraine” of September 6, 2012, No. days). 5207 -VI; After the Ombudsman’s Office sent relevant • another remaining unresolved legal notifications to the heads of the SBSU issue relates to the duty of public authorities in charge of border control at the authorities to ensure proper treatment three said airports the agency approved its and conditions in the international rules on accommodation of foreigners who airports for persons who were denied were denied entry to Ukraine at specially entry into the territory of Ukraine, designated airport premises. whose freedom of movement in the transit area of such airports is limited. These rules enshrine the principles of voluntary accommodation in such premises This issue deserves special attention and free movement within a restricted area because long stay of a person who was of ​​the border crossing point. denied entry to a country in the transit area of an international airport was found Rules also specify the responsibility of by ECtHR to amount to deprivation of the air carrier to provide, at own expense, liberty in the understanding of Art. 5.1 of such individuals with drinking water, three UNCAT and to cruel, inhuman or degrading daily meals, bedding, towels, personal treatment or punishment (the judgment hygiene items and necessary appliances. of the European Court of Human Rights However, such rules were not agreed in Amuur v. France, No. 17/1995/523/609, with the representatives of international Strasbourg, June 25, 1996). Consequently, airlines at airports and they are unlikely to it is important for the state to provide for follow them. Moreover, these rules require proper conditions for such persons in the mandatory registration with the Ministry of transit areas of Ukrainian international Justice of Ukraine. airports. Therefore, risk of ill-treatment of persons According to official information provided not allowed into Ukraine remains high. by the leadership of the State Border Service Monitoring visits results have also shown of Ukraine at least three international that the most frequent problems over the airports (Donetsk, Kharkiv and Simferopol) reporting year were, as before that, caused have premises or rooms in their transit by the absence of: areas for accommodation of persons not allowed into Ukraine, where they stay • any clear procedure for exhaustive until departure. However, there are no notification of the detained person, in 106 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

writing, about his/ her rights and freedoms, with provision of other useful data that would facilitate adaptation to the conditions of detention (on hotlines, or contact data of senior border control officials, courts or prosecutors, or phone numbers of providers of legal assistance in foreign languages); • any control, by a health professional, of the quality of food served to detainees; • efficient forced ventilation in the premises for detainees;

Rooms at the temporary detention facility of Sumy border unit

• adequate natural and artificial lighting required for normal reading.

Special premises of Severo-Gundorovsky station, Rooms at the temporary detention facility of Luhansk border unit Sumy border unit Lack of detainees’ access to fresh air judge of Mostyska district court of Lviv (including the chance to open a window Region ruled that citizen N. had to serve the on one’s own) may amount to inhuman term of his administrative arrest at the SBSU treatment. holding facility, in violation of Art. 327.1 of the Code of Administrative Offences as per In April 2013 during visit to Mostyska which persons punished by administrative THF the monitoring group discovered a arrest are held in settings determined by violation of the legislation on settings for police authorities. enforcement of administrative arrests. A SECTION 2. 107

After the Ombudsman’s relation to the became the subject matter of a separate Head of the High Judicial Qualification meeting of the SBSU Board in April 2013. Commission the Commission corroborated According to the Board’s decision and in the fact of violation of the effective order to implement the recommendations, legislation; the judge was disciplined and to ensure proper treatment of detainees the relevant decision of the commission and to bring the conditions of custody was communicated to all local courts of into conformity with the legislation of general justice. Ukraine and international standards Implementation of the Ombudsman’s the border control agency carried out a recommendations given to the State comprehensive inspection of all places Border Service of Ukraine in 2013 of temporary detention and of the units involved in their guarding. On the basis In order to eliminate revealed facts of the results of this effort the leadership and prerequisites of cruel, inhuman or of SBSU organized improvement works degrading treatment or punishment NPM (repair, reconstruction) at the premises that gave relevant recommendations to the failed to meet the modern requirements (e.g. leadership of the State Border Service of installation of forced ventilation and rain Ukraine. canopies, purchase of personal hygiene sets Analysis of official information from this for detainees, etc.). agency on status of implementation shows In order to strengthen the protection of that almost half of the recommendations detainees’ rights and freedoms in custodial were put into practice, and activities with settings SBSU developed and began using regard to implementation of the other an algorithm of anonymous surveys and recommendations are either being carried installed readily accessible complaints out or scheduled. boxes in all TDFs and SPs. The matters of interaction between the Financial and in-kind assistance in the Office of the Ombudsman and the State framework of READMIT international Border Service of Ukraine and of the status project enabled construction, within one of implementation of the recommendations year, of 5 new SPs at crossing points on the made in 2013 were twice considered at border with Hungary, Slovakia, Poland and joint meetings. the Russian Federation. The Administration of the State Border In the regulatory sphere: Service of Ukraine communicated the reports of the Ombudsman’s Secretariat • SBSU drafted its Regulation on on the results of each monitoring visit to procedure of custody for persons all border control authorities, which was detained by the State Border Service followed by similar circulation of ordinances of Ukraine, which is presently under on activities required for elimination of coordination with other authorities, shortcomings. including the Secretariat of the Ombudsman of Ukraine; The outcomes of the initial visits and relevant recommendations of NPM • Representatives of the State Border monitoring groups on the respect of Service of Ukraine take part in te human rights and freedoms of detainees operation of the interagency working 108 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

group for development of national 2013 in cooperation with IOM and UNHCR standards of custody for persons and with the support of the National detained for administrative offences. Academy and Training Center of the State This group was established on the Border Service of Ukraine addressed the Ombudsman’s initiative. topic of respect of detainees’ rights and, in particular, the prohibition of torture. These Pursuant to the requirements of Article 10 activities were attended by 250 officers, of of ECHR the Administration of SBSU has whom 70 became the so called knowledge made a number of steps to include relevant multipliers; they use the received materials educational materials and information for further advanced training of personnel on prohibition of torture into personnel engaged in border control and guarding of training programs. detainees. Thus, 10 regional trainings held in 2012 - 2.4. Results of monitoring of custodial settings of the State Migration Service

The custodial settings of the State Migration for personal use. Service of Ukraine are the temporary NPM visit to this facility took place in June accommodation centers (further referred 2013. Upon arrival to the institution the to as TACs) for foreigners and stateless members of the monitoring team had persons illegally staying in Ukraine. to wait at the entry checkpoint for 15-20 SMSU authorities operate two such minutes for the TAC governor’s permission facilities that are designed for simultaneous to get in, although personnel on duty accommodation of 373 persons: Volhynia had at its disposal the text of the rule on TAC (for 165) and Chernihiv TAC (for 208). unimpeded access of NPM staff. According to DMSU data during 2013 these However, it should be noted that the TACs held 337 persons. Most of them from administration and staff of the facility did Vietnam – 61, others - from Afghanistan - not complicate or anyhow hinder free on- 42, Bangladesh – 26, Somalia - 24, Georgia site movement of the NPM team members - 21, China - 12, Sri Lanka - 8. or their private interviews with inmates. NPM visited Volhynia MAC as it was the Main problems (identified in 2013) only facility operating from June through possibly qualified as manifestations of December 2013. ill-treatment The facility was built in 2008 with the The visit revealed one fact of groundless financial assistance of the European Union restriction of the detained foreigners’ in accordance with the best international access to contacts with the outer world standards. The inmates held in the – they mobile phones were seized upon institution enjoy decent living conditions placement to the facility, in contravention and can satisfy their social and other needs; of p. 7.1 of the Provisions on temporary in particular, they make use of a kitchen to accommodation centers for foreigners cook their food, of showers and washers, and stateless persons illegally staying in can engage in individual and collective Ukraine. sports, and buy foodstuffs and other items SECTION 2. 109

Moreover, common areas accommodated admitted about their rights and more individuals than prescribed by the freedoms and provision of other domestic legislation and international information that might help them in standards (at least 7 sq. m of floor area per adaptation to their custody; person). • regulations do not carry any list of Other deficiencies identified during the items forbidden in TAC; monitoring visit to the TAC were as follows: • rules on health control and on • certain difficulties in communication visits, especially from lawyers, between TAC staff and administration in the Provisions on temporary and the foreigners, mostly for absence accommodation centers for foreigners of in-house interpreters from/ to the and stateless persons illegally staying in languages of the Asian and African Ukraine do not meet the international continents the natives of which standards and require alterations; constitute the majority of those held at • p. 3.3.3 of Provisions on temporary the facility; accommodation centers for foreigners • despite the availability of a payphone and stateless persons illegally staying in the dormitory the inmates have in Ukraine (approved by Order of MIA practically no chance to buy phone of Ukraine of October 16, 2007, No. 390) cards, which are usually provided provides for the so called “localized by representatives of international premises” designed to accommodate organizations in limited quantities; persons who “need enhanced surveillance for predisposition to • procedure of providing inmates with violence or possibility of infliction of information about their rights (or other harm to others or to themselves, of knowledge that might help them in attack on TAC staff or of escape” for a adaptation to their custody) should be period from 14 to 30 days. However, improved; application of such disciplinary • insufficient number, in the TAC measure as confinement in “localized library, of works of fiction and other rooms” (essentially, in punishment publications in the native languages of cells) requires more detailed inmates from South-Eastern Asia and regulation. Africa. Implementation of the Ombudsman’s One should also note the utter absence of recommendations given to SMSU in special training programs on prevention of 2013 torture and ill-treatment for the guards.

The regulatory deficiencies that may cause On the basis of monitoring visit results ill-treatment are as follows: to Volhynia TAC in 2013 the NPM • SMSU Provisions on temporary Department sent to the SMSU its relevant accommodation centers for foreigners recommendations with regard to six issues and stateless persons illegally staying related to ill-treatment of foreigners and in Ukraine do not specify the priority stateless persons during their custody in of written notification of the newly the facility. 110 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

According to official information received and video cameras on permission of TAC from the State Migration Service of Ukraine governor or his deputy but anyway fails to the TAC has resolved issues that did not set out the rules of phone use. At present imply considerable financial and material TAC inmates are permitted to use their costs (e.g., fixed mechanical ventilation mobile phones once a week or at any time in the rooms and in the medical isolation on own choice but under surveillance. ward, attached handles to window frames, In order to improve the legislation of and placed notices with contacts of TAC Ukraine on protection of rights and governor and his reception schedule inside freedoms of persons held in TACs in view of the dormitories). NPM recommendations the State Migration In order to ensure proper quality of Service drafted a number of regulations communication with foreigners from and provided these drafts to NPM staff for African and South Asian countries the familiarization, specifically: administration of the facility invites • draft Law of Ukraine “On Amendments interpreters from an organization that is to Certain Legislative Acts of the local partner of the UNHCR Regional Ukraine”, which envisages, inter alia, Office for Belarus, Moldova and Ukraine. amendments to the Law of Ukraine The leadership of the migration agency “On the Legal Status of Foreigners and also began making an internal database Stateless Persons”; (register) of interpreters. • draft Resolution of the Cabinet of Information on inmates’ rights and Ministers of Ukraine “On nutritional obligations, TAC in-house rules, contacts standards for foreigners and stateless of the senior officials of the facility, of the persons held at SMSU temporary related authorities and of legal aid providers accommodation centers for foreigners was also exhibited on notice boards of the and stateless persons illegally staying dorm hallway, in several languages. in Ukraine and at accommodation Use of personal mobile phones still remains facilities for refugees”; unregulated. P. 4.58 of the draft of the new • draft Order of the Ministry of Internal MIA Order “On approval of Provisions on Affairs of Ukraine “On approval of custody in temporary accommodation Provisions on custody in temporary centers for foreigners and stateless persons accommodation centers for foreigners illegally staying in Ukraine” allows use of and stateless persons illegally staying personal mobile phones without photo in Ukraine”. 2.5. Results of monitoring of custodial settings of the Ministry of Defense

Under the definition of Article 13 of the Law Policing Service (PS) of the Armed of Ukraine “On the Ukrainian Parliamentary Forces of Ukraine (AFU); Commissioner for Human Rights” • guardhouses and rooms for the NPM monitoring covers the following temporarily detained personnel institutions of the defense agency: (RDTPs); • one disciplinary battalion of the SECTION 2. 111

• secure wards at AFU medical institutions; • AFU units manned by conscripts.

The number of MoD institutions and personnel held or doing military service thereat, 2012 – 2013

2012 2013 Institution (as of Jan 1) (as of Jan 1) Changes Number of Number of Number of Number of institutions persons institutions persons Disciplinary battalion Guardhouses Rooms for temporarily detained personnel Secure wards at medical institutions Military units with conscripts

During the reporting period the NPM Department staff and civic monitors jointly visited 8 custodial settings, of which two were and PSAFU guardhouse showed changes, visited for the second time – the disciplinary especially in terms of better holding battalion and the guardhouse of PS AFU (in conditions. 2012 NPM visited 2 institutions and made no It is undoubtedly positive that after the repeat visits). 2012 visits the guardhouse in Kyiv began Administrations of the custodial settings systematic repair and refurbishment of mostly granted unhindered access to NPM cells, with installation of toilets, ventilation teams but in some instances (for example, and new windows of larger size. during visits to institutions in the City of Typical violations of human rights and Kyiv and Chernihiv Region) the team, for freedoms identified in 2013 at MoD lack of relevant knowledge on the part custodial settings of administrations, had to spend 30 to 40 minutes on explanation of the provisions Restriction or insufficient protection of a of the Law of Ukraine “On the Ukrainian number of human rights and freedoms of Parliamentary Commissioner for Human military personnel still, like in 2012, may Rights” and on NPM authority. be assessed as inhuman or degrading treatment. However, members of monitoring teams during their visits had the opportunity Specifically, provisions of now existing to conduct confidential interviews with national laws (e.g. the Statutes of the the military held in custodial settings, in Armed Forces of Ukraine, the Criminal accordance with Art. 20 of OPCAT and p. 3 Enforcement Code of Ukraine, the Law of Art. 19-1 of the Law of Ukraine “On the of Ukraine “On the Policing Service of the Ukrainian Parliament Commissioner for Armed Forces of Ukraine”, Provisions of Human Rights”. the disciplinary battalion in AFU, etc.) and departmental regulations that define the Follow-up visits to disciplinary battalion 112 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

principles and rules of treatment of the official medical opinion to the detainee military personnel in places of detention or and his counsel); punishment do not provide full protection • detainees held in cells do not always from cruel, inhuman or degrading have an immediate opportunity to treatment or punishment. call a representative of the institution Results of visits conducted to MoD in the event of threat to health or life detention facilities (RTDPs located in (directly or by means of a call button Chernihiv and Mykolayiv Regions and in the cell); the guardhouse in Kyiv) have revealed • existing regulations do not specify the following problems that, in NPM opinion, disciplinary offences of the detained require elimination in priority order: (convicted) military or relevant • absence of a standard list of rights for punishments. informing detainees or convicts about Monitoring of the disciplinary battalion their rights, including the right to lodge and PSAFU guardhouse showed the need complaints, and failure to provide of special attention to the following issues them with other useful information; with medical support: • right of the detained to notify a relative • lack of anti-TB arrangements as or any other third party of own choice prescribed by the national legislation; immediately after detention or during detention, at any convenient time, is • absence of out-patient supervision of not respected in practice; detainees; • existing regulations do not • lack of anti-HIV/ AIDS measures; guarantee unrestricted confidential • lack of prevention measures with communication with legal counsel regard to protection of women’s health of own choice immediately after (no systematic diagnostics of cancer); detention and during detention, at any convenient time; • equipment, tools, utensils and other paraphernalia in the office of the • existing regulations do not specify doctor-on-duty are insufficient and that the first and any subsequent fail to meet the requirements of the interrogation of the detained military existing regulations; is to be conducted only in the presence of defender (counsel); • level of professional training of part-time doctors-on-duty does • detained and convicted military not guarantee proper quality and are not informed that in case of effectiveness of medical assistance disagreement with the results of the to the military held in the disciplinary medical examination conducted by battalion and PSAFU guardhouse. the medical staff of the institution they have the option to choose a different Results of monitoring of the MoD doctor for another confidentialinstitutions during 2013 also showed need medical examination, including such to improve certain aspects of the material examination after or during solitary conditions of detention, primarily the confinement (with presentation of the following: SECTION 2. 113

• guardhouse cells and RTDPs are furnished with plank bunks instead of proper beds; in accordance with the domestic regulations they are kept in an upward position at daytime and it is forbidden to use them; therefore, detainees have no chance to rest for 14 to 16 hours;

A cell for temporarily detained personnel at Mykolayiv territorial subdivision of PSAFU • lack of sufficient natural lighting and unsatisfactory artificial lighting in guardhouse cells and RTDP;

A cell for temporarily detained personnel of A cell for temporarily detained personnel at PSAFU Northern territorial subdivision Mykolayiv territorial subdivision of PSAFU • inefficient ventilation, with no chance for detainees to open window frames on their own and let fresh air in; 114 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

PSAFU guardhouse in Kyiv

• absence of toilets in the cells; future contractual service are violated. In particular, this category of military • detained and convicted military are personnel is wrongly subjected to not allowed to use mobile phones and the same very stringent restrictions e-books. that apply to the patients of the clinic. Monitors were much concerned by visit For 21 days (the standard term of to Clinic of Psychiatry at the Main Military examination) they are not allowed to Clinical Hospital of the Armed Forces of go out into the fresh air, to exercise, to Ukraine, located in Kyiv. During the visit freely call their parents or others, and it was found that treatment of patients are restricted in terms of visits, access practically amounted to cruel, inhuman or to books, television and radio. degrading treatment. Specifically, 5. Psychiatric examination and care are 1. Privately interviewed patients allege carried out without personal consent that staff of the clinic, especially of the military, conscripts or employees orderlies, sometimes resort to unlawful of AFU. psychological pressure and threats to The Instructions on compulsory preliminary apply restraints, such as sedatives or and periodic psychiatric examinations at straitjackets; hospitals of the Ministry of Defense and in 2. Patients are not allowed any outdoor the Armed Forces of Ukraine (approved by exercise and are confined to the MoD Order of February 14, 2006, No. 81) premises of the clinic throughout their were found to contravene the Law of Ukraine examination or treatment (on the “On Psychiatric Assistance”. According average - up to 21 days); to the Instructions each commanding officer has the right to refer a military to an 3. There is no free access to the toilet extraordinary psychiatric examination at an room (which is opened by the duty appropriate mental health facility without staff as per a schedule for 15 minutes his personal consent or a court decision. every hour); This violates the fundamental principle of 4. The constitutional rights and freedoms voluntary psychiatric treatment and creates of conscripts under examination for grounds for abuse. Thus, in the course of SECTION 2. 115 proceedings launched by the Ombudsman and of the suitability and cleanliness it was found that the rights of conscript of prisoners’ clothing and bedding, on Pavlo A. were violated. After being beaten installing doors in toilet cubicles). in his military unit he was placed into a In order to maintain an effective dialogue medical unit on the basis of a provision in with defense agency the staff of the NPM the said Instructions and later diagnosed Department established two-way working with schizophrenia and pronounced unfit relationships with the relevant subdivisions for military service. On demobilization and officials of PSAFU. The matters of this diagnosis was not confirmed by a interaction and status of implementation special commission, yet the very fact of of the 2013 recommendations were this diagnosis creates real problems for the discussed at two joint meetings. young man in his civilian life and limits his rights in the sphere of employment and In the first quarter of 2013, in order to elsewhere. This issue requires a legislative improve the treatment of the detained solution. and convicted prisoners, the PSAFU leadership organized an inspection of all The requirement of Article 10 of the MoD custodial settings (except military Convention against Torture as to mandatory units), performed by a special commission. inclusion of materials on prevention of As a result the agency discontinued torture and cruel, inhuman or degrading operation of 3 guardhouse and 16 RTDPs treatment or punishment into professional and planned for their renovation and re- training programs for personnel engaged equipment. After completion of such works in the guarding of prisoners is not in the end of 2013 operation of all RTDPs complied with as so far such programs are and 1 guardhouse was resumed. PSAFU not available. also began works to equip a cell for three at Implementation of the Ombudsman’s its guardhouse in Kyiv in accordance with recommendations given to MoD in 2013 minimum standards of detention. After each monitoring visit relevant reports and recommendations on improvements in respect of rights and freedoms of the detained or convicted military personnel were communicated to the leadership of the Ministry of Defense of Ukraine and to the Policing Service of the Armed Forces of Ukraine.According to the officially received information PSAFU has implemented nearly 50 % of post-visit recommendations (e.g., in the disciplinary battalion – on providing written information to prisoners about their rights and freedoms, on free use of wristwatches, on regular inspections by medical staff of the amount and quality of food and water, of the cooking procedures, of the sanitary state of the institutions 116 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

In pursuance of NPM recommendations No. 1775/ 24307); concerning better awareness of guards in • amendments to Instructions on the the sphere of prevention of ill-treatment procedure of punishment at the PSAFU began to develop the necessary disciplinary battalion (approved by changes in the standards of military Order of the Minister of Defense of personnel training. Ukraine on November 29, 2004, No. Changes in the regulatory sphere include: 567, and registered with the Ministry of Justice of Ukraine on December 10, 2004, • development of Instructions on under No. 1572/ 10171); the procedure and conditions of detention for military personnel • amendments to the Field Manual taken into custody (approved by Order on the patrol and watch procedures of the Minister of Defense of Ukraine of PSAFU (approved by order of the on September 26, 2013, No. 656, and Minister of Defense of Ukraine on registered with the Ministry of Justice February 7, 2012, No. 62). of Ukraine on October 16, 2013, under 2.6. Results of monitoring of custodial settings of the State Court Administration of Ukraine

According to Art. 13 of the Law of Ukraine Monitoring of such settings by NPM began “On the Ukrainian Parliament Commissioner in March 2013; in 2012 the courts were or Human Rights” NPM monitoring extends not visited. During the year NPM staff and onto the rooms (premises) for criminal civic monitors jointly visited 18 local courts defendants (convicts) at appellate and (in Sumy, Mykolayiv, Odessa, Kherson, local courts of general justice within the Luhansk, Chernihiv and Vinnytsya Regions authority of the State Court Administration and in the City of Kyiv) and 4 courts of of Ukraine (SCAU). appeal (of Sumy, Kherson, Luhansk and Transcarpathian Regions). According to the official statistics from SCAU, in 2013 such premises were in use at At the beginning of the very first visit (to 489 courthouses (27 appellate courts and Shevchenkivsky District Court of Kyiv, in 462 local general courts). March 2013) the court guards referred to SECTION 2. 117 rules of an inter-agency order and denied Procedure of Ukraine; free access of the NPM monitoring group - many courts do not have toilets to the premises for criminal defendants and drinking water sources for the (convicts) and courtrooms. As a result defendants. members of the monitoring team were able to get to these settings only a hour Other typical problems include the and a half later, due to direct intervention following: of the Ombudsman. - most courts do not have germicidal After the Ombudsman’s submission to the lamps to disinfect courtrooms and the Minister of Justice of Ukraine provisions premises for defendants/ convicts and of the relevant Joint Order of the Ministry their convoy; of Internal Affairs and SCAU were brought - many courts fail to provide the into conformity with the Law of Ukraine “On conditions for people with disabilities the Ukrainian Parliament Commissioner or (e.g. absence of ramps, railings, etc.); Human Rights” with regard to free access of the Ombudsman and representatives of - courts have no conditions for the Ombudsman to court premises. confidential communication of criminal defendants/ convicts with Typical violations of human rights and their lawyers. freedoms found in 2013 Moreover, it has been found that the Manifestations of cruel, inhuman or domestic building and construction rules degrading treatment were found in all related to the premises for defendants/ visited courts, without any exception. convicts in the courthouses do not In this conjunction the issue of respect meet minimal international standards of of the rights and freedoms of criminal detention. For example, concerning rules defendants in courts became the topic of the cell area is to be not less than 4 sq. the Ombudsman’s separate presentation at m but there is no mention of how many the parliament hearings on June 12, 2013. persons may be held thereat. The main problem is that premises for Implementation of the Ombudsman’s criminal defendants and convicts in courts recommendations given to SCAU in 2013 fully fail to comply with the minimum In each instance of establishment of a standards of detention developed by CPT fact of ill-treatment relevant information experts and embedded in the European and recommendations as to elimination Prison Rules, specifically, of human rights violations were - actual floor area in premises where communicated to the leaderships of SCAU, defendants/ convicts await court MIA, SPSU and PGO, in accordance with hearings is only 0.7 - 1.5 sq. m per their competence. person, with not more than 2 to 4 Analysis of the responses on the status of cubic meters of air person (instead of implementation of such recommendations the prescribed 7 to 9 cubic meters); indicates that most of the eliminated - in most courtrooms criminal shortcomings were those that did not defendants stay in metal cages and require substantial financial and material not behind organic glass barriers, costs. in violation of the Code of Criminal 118 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

According to the official SCAU data, the number). recommendations were to a larger extent • SCAU examined and agreed the draft implemented by the leadership of the of the Instruction on convoying and Appeal Court of Region. At the same time holding of criminal defendants and we note the failure to eliminate any of the convicts in courts, earlier developed shortcomings identified during visits to by MIA; Holosiyivsky and Svyatoshynsky District Courts in Kyiv, Leninsky District Court of • SCAU drafted the Procedure for Mykolayiv, Zhovtnevy District Court of interaction of courts of general justice Mykolayiv Region, Kovpakivsky District and remand prisons and penitentiary Court in Soumy, Vinnytsa City Court and institutions of the State Penitentiary Vinnytsya District Court of Vinnytsa Region. Service of Ukraine regarding conduct of procedural actions during criminal Results of implementation of proceedings in the videoconferencing recommendations include the following: mode. • amendments to inter-agency Order Recommendations that were not carried of SCAU and MIA of Ukraine on free out had to do with discontinuation of access of NPM monitoring groups to operation, in full or in part, of the premises the premises of courts; for defendants/ convicts in four visited • SCAU territorial administrations and courts, because of improper conditions courts’ management inspected the of detention. In the opinion of the premises for defendants/ convicts Ombudsman, holding of an individual in in the courthouses and developed such conditions significantly harms human plans for ​ recommendations’ health and therefore may be classified as implementation; cruel treatment. (Only one such facility – in Mena District Court of Chernihiv Region – • significant part of visited courts was actually closed but similar premises at received germicidal lamps for daily Holosiyivsky District Court of Kyiv and Appeal disinfection of indoor air in the Court of Kherson Region are still in use. premises for defendants/ convicts and There is no information about current use of their convoys and in the courtrooms; such premises in Primorsky District Court of • SCAU developed and submitted Odessa). for approval to the Ministry of At the same time and in order to establish Regional Development, Construction an effective dialogue with relevant and Utilities a draft regulation on authorities NPM established a working amendments in the building rules DBN- relationship with a number of subdivisions 2010 (for courts) as to the technical and officials of SCAU. In the framework requirements to transparent barriers in of such coordination two jointly held courtrooms, for replacement of metal meetings addressed the current status of constructions. implementation of the recommendations Additional information: according to SCAU of NPM Department and implementation data as of January 1, 2014 glass barriers were of other measures aimed at prevention of installed in 14 appellate courts (or 52 % of the ill-treatment of criminal defendants. total number of appellate courts ) and in 92 In order to ensure proper protection of local courts (which is only 12 % of their total SECTION 2. 119 the rights and freedoms of prisoners the The Prosecutor General of Ukraine Ombudsman sent a submission to the proposed to SCAU and to the Ministry of Prime Minister of Ukraine, who assigned Regional Development, Construction and the Ministry of Justice of Ukraine to Utilities to initiate harmonization of the establish an inter-agency working group detention conditions in such premises with for developing an appropriate action the international standards and current plan. This group included, inter alia, the legislation. experts of the NPM Department of the At the initiative of the Ombudsman and Ombudsman’s Office. with participation of her Representative for The Ombudsman’s Secretariat informed matters of NPM implementation the current management of the Prosecutor General’s status of compliance with the legislation in Office of Ukraine about all identified response to applications and petitions on instances of ill-treatment of criminal torture and other ill-treatment on the part defendants/ convicts, including those of the police and the issue of protection of related to their detention conditions. the constitutional rights of prisoners with regard to proper material, medical and In September 2013 PGO management sanitary conditions of their custody were officially notified the Ombudsman that considered at the open meeting of the PGO certain provisions of the building codes of Board on April 4, 2013 and at the meetings Ukraine (namely, Buildings and Premises. of the boards of the regional prosecutor’s Courts. DBN B.2.2-26:2010) are contrary offices. to the European Convention on Human Rights and the national legislation and may However, PGO management did not amount to cruel or degrading treatment specify tasks of its territorial authorities (letter dated September 4, 2013, No. 16- with regard to oversight of compliance 116196-13). with the legislation in premises for criminal defendants/ convicts in courts. 2.7. Results of monitoring of institutions of the Ministry of Education and Science of Ukraine

Institutions of the education system subject to monitoring by NPM staff are boarding schools of general education (including such for orphans and children with no parental care), special boarding schools of general education and educational rehabilitation centers (including such for orphans and children with no parental care), health care boarding schools, children’s homes and social rehabilitation schools of general education and vocational training (Annex 1). As compared to the previous periods the number of some institutions and the number of children in their custody tend to decrease. This is illustrated by the comparative tables below (according to the State Committee for Statistics). The number of special boarding schools and of children’s homes, at the beginning of the school year (left), and the numbers of residents thereat (right) 120 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

According to the Ministry of Education disorders is close to 63 thousand and and Science of Ukraine at the beginning 138 thousand children need continuous of the 2013-2014 school year the number treatment of cardiovascular diseases. of vocational training schools of social The number of health care boarding rehabilitation decreased from 3 to 2, while schools, at the beginning of the school the number of such schools of general year, and the number of residents education (6) remained the same. thereat At the same time Ukraine increased the number of health care boarding schools and the number of children who simultaneously receive secondary education and the required long-term treatment and rehabilitation. In view of deteriorating health of the children of Ukraine as a whole we should also expect an increase in the number of health care boarding schools in the future. According to the data of Health care departments of Regional Administrations the number of children with scoliosis requiring long-term treatment nears 72 thousand, the number of such children with mental and behavioral SECTION 2. 121

In 2013 employees of the Department 14. Odessa health care boarding school visited 22 institutions of education: No. 6 1. Kiev special boarding school No. 8 15. Mykolyiv health care boarding school No. 4 2. Bila Tserkva special boarding school (Kyiv Region) 16. Varvarivka special boarding school (Poltava Region) 3. Kyiv special boarding school No. 17 17. Yasynuvata health care boarding 4. Kyiv health care boarding school No. school No. 14 (Donetsk Region) 22 18. Oleksiyive-Druzhkivka health care 5. Kyiv special boarding school No. 18 boarding school No. 13 (Donetsk 6. Horodnya boarding school (Chernihiv Region) Region) 19. Sevastopol health care boarding 7. Horodnya special boarding school school No. 6 (Chernihiv Region) 20. Mykolayiv social rehabilitation school 8. Fontanka school of social rehabilitation (Mykolayiv Region) (Odessa Region) 21. Ivano-Frankivsk regional boarding 9. Znamyanka special boarding school school (Ivano-Frankivsk Region) (Kirovohrad Region) 22. Pechenihy special boarding school 10. Kyiv health care boarding school No. (Ivano-Frankivsk Region). 19 Three institutions - 11. Municipal Institution “Zaporizhzhya boarding school of general education 1. Mykolayiv health care boarding school and rehabilitation” No. 4, 12. Ostroh special boarding school No. 2 2. Kyiv special boarding school No. 17 (Rivne Region) and 13. Ostroh regional boarding school 3. Kyiv special boarding school No. 18 - with enhanced military and physical training (Rivne Region) were visited by monitors for the second time. 122 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Violations of children’s rights in • Inadequate procedures of referral boarding schools that are qualified as of the children to the center of cruel treatment psycho- pedagogical correction on the basis of applications from their Private interviews with the pupils, written parents, custodians or boarding and oral surveys of the residents and school administrations, which created members of staff, inspection of all key units opportunities for abuse on the part and premises of the visited institutions, of unscrupulous adults. Analysis thorough examination of personal files of residents’ personal files showed and medical records enabled NPM staff to that many orphans and children identify some violations of children’s rights deprived of parental care were that may be assessed as cruel or degrading referred by the administrations of treatment. boarding institutions. In particular, In particular, 2013 visits of schools of the monitoring team observed the social rehabilitation revealed the following negative trend of referral of such violations: children from Balta special boarding school for children with mental • Children placed into Fontanka development retardations, although rehabilitation school by court decision such children first and foremost require stay together with those referred to special assistance to address related the center of psycho-pedagogical behavioral disorders. In the center correction by the Department of there was even a child with Down Education and Science of Odessa syndrome - despite the fact that the Regional State Administration, with center has no opportunity to provide the consent of children’s care services proper medical care, not to mention and at the request of parents or rehabilitation. It was also found that persons in loco parentis (in accordance one resident with the status of a with the Regulation on the Center child with no parental care had been of psycho-pedagogical correction referred to the center by own custodian with Fontanka school of social - a professional psychologist. She gave rehabilitation for children with various her consent to continued residence of forms of deviant behavior). According the child in the institution and paid for to mentioned Regulation the center it only 455.6 UAH per month out of aid is for re-socialization and social received from the state which at the rehabilitation of children 8 to 14 years time of the monitoring visit amounted old with persistent deviant behaviors to two subsistence levels for children who escaped from their families and from 6 to 18 years old and equaled schools and found themselves in 2,420 UAH; difficult circumstances. As a result, the same institution at the same time • At Fontanka social rehabilitation held eight-year-olds with behavioral school child labor was found to be disorders and juvenile offenders, used as punishment (in particular, although according to Art. 498 of the cleaning of latrines); this was reflected Code of Criminal Procedure of Ukraine in the residents’ explanations kept in even juvenile offenders are placed in their personal files; social rehab schools only as of 11 years • In the visiting room of Fontanka old; SECTION 2. 123

social rehabilitation school there the Ministry of Education and Science is no chance for privacy; a large revealed violations of such rights of window enables personnel on duty to their residents as the right to education, observe everything when the children the right to rest and leisure, the right to are visited by relatives. Moreover, privacy and personal space, the right to the school allows only visits from lodge a complaint, and the right to proper and telephone conversations with health care and to a decent standard of parents or persons in loco parentis, living. in violation of the rights of the child Shortcomings in the operation of to communicate and contrary to pp. educational institutions that affect 60 and 61 of the UN Rules for the the respect of rights and freedoms of Protection of Juveniles Deprived of their residents specifically include the their Liberty. following: Monitoring visits to institutions of

• Receivables due from the State that, in spite of the low level of medical Treasury under KEKV 2210 (items, equipment (which is mostly from the materials, equipment and inventory) middle of the last century), Odessa and KEKV 2240 (payment of services, health care boarding school No. 6 except public utilities ) for 2012 and and Kyiv health care boarding school 2013 at some schools reached nearly No. 19 provide effective conservative 500 thousand UAH; treatment, which affected these schools’ population: for example, at • Outdated medical equipment, the said Odessa school at the time pressing need to reconstruct medical of the visit there were 279 residents, facilities, poorly effective treatment as compared to its design capacity and medical rehabilitation of children of 180. The success in treatment was with chronic diseases and children largely achieved due to the efforts of with disabilities. It should be noted 124 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

the school’s health care staff; computers in a regular classroom, from textbooks and with the use of a • Lack of proper supply of special blackboard; methodological literature, textbooks, teaching aids for teachers and for • Ban on the use of mobile phones. pupils with special needs; • The right of the children to privacy • Residents do not have 24/7 access to and personal space is not respected: drinking water as required by the State for several years children live in a Sanitary Regulations and Rules of April distressing environment with up to 15, 1997, No. 136/ 1940; 20 beds in a room. All beds and the space around are the same, without • Social isolation of the institution for any pictures, photographs, books, its remoteness from major towns, etc. Moreover, in the school there is lack of cooperation with NGOs and practically no place where a child could volunteers. Such isolation worsens for withdraw and spend some time alone. lack of residents’ access to modern After wakeup bedrooms stay locked means of communication; for the whole day and the children • Absence of notice boards with pass their free time according to a the numbers of hotlines of public schedule and only together, watching authorities to be reached in instances TV, playing outdoors or participating of violation of the rights of residents or in different “hobby circles”. One can be staff. There are no boxes for complaints on one’s own only in the office of the and suggestions (“trust boxes”), psychologist or social educator. which violates Article 13 of the UN Oleksiyive-Druzhkivka health care boarding Convention on the Rights of the Child; school of general education No. 13 • Social stigmatization and • The temperature in class rooms on the discrimination of children with day of the visit was significantly lower diabetes. In the school canteen the than required. table for such children stands aside; the staff believe it is to the benefit of the children who need dietary food and will not eat the food for other children and harm their health, but this approach is convenient only to the staff. • The health care school with its swimming pool and five meals a day is used as a top rate institution for children during the week: in fact, the institution is a boarding school for only 12 % of its pupils, and for others it is merely a day care facility. However, the institution is funded as a health care boarding school. Sebastopol health care boarding school of • Lack of computer classes and general education No. 6 computers. Children learn to use SECTION 2. 125

• Institutions are not adequately only 10 therapeutic massages and ESM supplied with medicines, detergents (electrical stimulation of muscles) sessions and disinfectants, as annual cost per semester. Health care is not provided in estimates do not envisage funds a proper manner. for such items. During interviews However, it should be noted that level boarding school residents, especially of medical care for children in some teen-age girls, wished for a review of institutions fully meets the national the rules on supply of personal and standards, in particular those in Articles hygiene items (hosiery, shampoo, 4 - 6 of the Law of Ukraine “On Protection sanitary towels). of Childhood”. Administrations of boarding Examination of medical records revealed schools raise sponsorship funds and invite a formalistic attitude to medical services. charity organizations to purchase modern Children with scoliosis are usually given medical equipment and medications.

Municipal Institution “Zaporizhzhya boarding school of general education and rehabilitation”

• For absence of a fence and inner yard at the health care boarding school for children with intellectual development issues the territory of the institution is used as a shortcut by the dwellers of this area of the city.

Kyiv boarding school No. 17 126 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• Bedrooms for primary school pupils’ institution the break between the 1st after-lunch sleep are used above and 2d lessons is 10 minutes and the capacity (each has 8 beds). If the long break lasts 20 minutes). number of residents increases at the expense of children from rural areas or small towns and the number of bedrooms remains the same the school will not be able to provide permanent residence to such children, as at present the administration has no plans to equip more bedrooms and the school gradually turns into a daycare facility; • Some children stay at institutions despite contraindications (epilepsy, enuresis) specified in the Annex to the Regulation on boarding schools of general education and health care schools of general education, approved by Order of MES of June 12, 2003, No. 363. • Use of a rating system of evaluation, when the degree of civility (from 0 to 3) predetermined resident children’s Kyiv health care boarding school of general “benefits” that, strangely, included education No. 22 hobbies and even visits by parents, in • Lack of equipment for exercise therapy. contravention of p. 3 of Article 9 of the Convention on the Rights of the Child. • NPM staff uncovered that in a Moreover, some children even after number of instances orphans and 2.5 years of residence at the center children deprived of parental care were still evaluated with the zero personally wrote, for several years degree of civility, which casts doubts in a row, their own applications with on the effectiveness of the applied “requests” to extend their education system of rewards and punishments at the psychological and pedagogical and appropriateness of such children’s correction center for children with residence at Fontanka school. deviant behaviors at Fontanka health care boarding school. • Breaks schedule does not meet requirements of p. 4.7 of the Regulation • Absence or insufficiency of furniture on boarding schools of general in the bedrooms (bedside cabinets, education and health care schools of chairs, lockers for personal belongings, general education, approved by Order etc.) according to their needs. For this of MES of June 12, 2003, No. 363 (the reason in some institutions residents duration of breaks must be at least 15 undress and keep their things in a minutes, duration of the long break - at separate room, which is not always least 30 minutes, while at the properly convenient. SECTION 2. 127

Kyiv health care boarding school of general Horodnya health care boarding school of education No. 22 general education

• Lack of funds for advanced training of issuance of personal health books health care personnel. Since a health states that the costs of health care care boarding school is an educational institutions and facilities related to institution and not a medical facility, mandatory medical examination of funds for advanced training of medical employees of budgetary institutions personnel are not provided, and skill- and organizations are covered from share activities with colleagues from funds provided by cost estimates for other institutions do not take place. the operation of such health care institutions and facilities. According • Boarding school staff has no to Art. 22 of the Law of Ukraine “On opportunity to undergo medical Local State Administrations” and Art. examination at public expense. Under 32 of the Law of Ukraine “On Local Self- the current legislation employees Government in Ukraine” financial and of educational institutions of the other arrangements for mandatory Ministry of Education and Science are medical examination of the employees on the list of occupations, industries of educational establishments and and organizations where employees institutions are within the jurisdiction are subject to mandatory preventive of local authorities. However, in medical examinations. The procedure practice this requirement of law of such examinations and issuance of is not respected because of the personal health books is approved by absence of clear mechanisms for Resolution of the Cabinet of Ministers its implementation. Therefore, all of Ukraine of May 23, 2001, No. 559 boarding school staff annually (and “On approval of the list of occupations, the canteen staff – semiannually) industries and organizations where undergo medical examination at their employees are subject to mandatory own expense (which costs them appr. preventive medical examinations, and 120 UAH). of the procedure of such examinations and of issuance of personal health • Violation of labor discipline or neglect books”. The second paragraph of of duty on the part of multiple p. 2 in the Procedure of mandatory members of the staff. preventive medical examinations and 128 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

A significant number of shortcomings identified during monitoring visits to educational institutions have to do with the needed renovations of the premises: bedrooms, shower room, toilets, laundries, assembly halls and gyms: • gyms require capital repair and new sports equipment;

Yasynuvata health care boarding school of Kyiv health care boarding school of general general education No. 14 education No.17 • old window-frames (often barred, which violates the right of the child to safe living conditions) should be replaced with new energy-efficient ones;

Bila Tserkva special health care boarding school Yasynuvata health care boarding school of (for children with hearing impairments) general education No. 14 • flooring, roofs and ceilings in the institutions, with visible leakage stains, falling plaster layers and peeling wallpaper, need immediate repair; SECTION 2. 129

Horodnya boarding school Kyiv boarding school No. 22 • cooking areas and canteens are in poor condition and also need renovation. Kitchen equipment, furniture and tableware are outdated, artificial ventilation is out of order, compliance with sanitary and hygiene rules is not controlled;

Odessa health care boarding school (for Horodnya boarding schhol children with scoliosis) • toilets need repair, replacement of broken toilet bowls and proper partitions. Moreover, at some institutions the toilet cubicles have no doors, in violation of p.7.5 of the State Sanitary Rules and Standards 5.5.2.008-01 “Arrangements for operation of institutions of general education and organization of learning and educational process” as per which in girls’ toilets one cubicle is to be with a door and lock; 130 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Znamyamnka special boarding school of Kyiv special health care boarding school No. 18 general education • at Horodnya boarding school boys’ toilets were in no condition for use and the residents had to use an outdoor latrine;

Horodnya boarding school of general education • at some institutions there are no partitions in the shower rooms and bathing facilities, which is a violation of the right to privacy;

Mykolayiv school of general education and social rehabilitation SECTION 2. 131

• the laundry needs repair which was suspended for lack of funds;

Kyiv boarding school No. 18 Yasynuvata health care boarding school No. 18 (for the partially sighted children) • the number of sanitary rooms brought in compliance with p.7.12 of the State Sanitary Rules and Standards “Hygienic requirements to the arrangements and procedures for operation of and procedures for special schools of general education (boarding schools) for children requiring correction of physical and/ or mental development, and of training and rehabilitation centers” is not sufficient for 176 resident children with physical disabilities. In order to have a shower a child has to get into a bath with a shower hose, which for some children is impossible without help. This violates children rights with disabilities protected under Art. 23 of the Convention on the Rights of the Child;

Znamyanka special boarding school of general education • isolation ward of the boarding school’s medical unit has no toilet, which does not comply with p. 3.40 of the State Sanitary Rules and Standards “Hygienic requirements to the arrangements and procedures for operation of and procedures for special schools of general education (boarding schools) for children requiring correction of physical and/ or mental development, and of training and rehabilitation centers”; 132 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• - poor sanitary condition of corridors and classrooms: web on the ceiling, dirty walls, irregular mopping and airing;

Horodnya boarding school of general education • assembly hall of the boarding school is in a wet basement area. Warped vinyl wall- panels and persistent musty smell in the room suggest that the walls and ceiling of the room are constantly moist and affected by fungus, which constitutes a risk for the children. This hall is not only the venue of cultural events but also serves for daily choreography classes.

Oleksiyivo-Druzhkivka health care boarding school of general education No. 13 However, some of visited schools undoubtedly maintain the international and domestic standards and requirements for sanitary rooms and created a comfortable environment for satisfaction of hygienic needs as a component of the right to an adequate standard of living under Articles 3,16, 23 and 27 of the UN Convention on the Rights of the Child. SECTION 2. 133

Kyiv special boarding school No. 8

Municipal Institution “Zaporizhzhya boarding school of general education and rehabilitation”

Implementation of the Ombudsman’s State Administrations, for their relevant recommendations given to the Ministry action in response. of Education and Science in 2013 Submissions Letters to the Ministry of Education and The Ministry of Education and Science Science of Ukraine and Regional State (MES) received a submission on respect Administrations of the rights of the residents of Fontanka As a result of monitoring of the respect of school of general education and social the rights and freedoms of children in the rehabilitation (of March 12, 2013, No. 1.1- custody of educational institutions the 459/13-70). Department for NPM implementation sent It should be noted that at the beginning 7 letters to the Ministry of Education and of the 2012/ 13 school year the Ministry Science of Ukraine and 3 letters to Regional of Education, Science, Youth and Sports, 134 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

according to its letter of December 18, the study building; 2012, No. 1/10-3969, had 6 schools of social • Bila Tserkva special boarding school of rehabilitation (203 children) and 3 schools general education at the expense of the of social rehabilitation and vocational regional budget installed 23 plastic training (98 children). The Ministry by windows in the sleeping rooms and its Order of August 12, 2013 (No. 1149) renovated two bedrooms for girls, liquidated Yakushyntsi vocational school, while charity donations also enabled and the 26 children who resided there at renovations in the gym and the hallway the time of liquidation of the institution of the third floor of the school building were transferred to Makiyivka vocational and purchase of new equipment for training and social rehabilitation school the games room, new soft furniture, named after A.S. Makarenko. The Cabinet of carpet and TV set; Ministers of Ukraine by its Resolution “Some aspects of operation of social rehabilitation • in 2013 at the expense of the regional schools” of November 21, 2013, No. 847, budget renovation works were carried liquidated such schools in Yenakiyeve, out on the roofs of the canteen and Mykolayiv, Kharkiv and Fontanka. workshops at Yasynuvata health care boarding school No. 14 and in the According to the letter from MES of January toilets of Oleksiyive-Druzhkivka health 16, 2014, No. 92-14, at the beginning of the care boarding school No. 13. The draft 2013/ 14 school year the agency’s general budget for 2014 included proposals education schools of social rehabilitation for funding of finishing works in the had 99 resident students, and the schools of laundry room of Yasynuvata school vocational training and social rehabilitation and funding for capital repairs of – 85 residents. the roofing, sanitary facilities and Such restructuring of the system of social assembly hall of Oleksiyive-Druzhkivka rehabilitation schools largely became​ health care boarding school; possible due to the Ombudsman’s Special • Varvarivka special boarding school Report “Children’s rights in schools of social arranged for a “sanitary orientation rehabilitation” of 2013, which was based room” and installed a toilet in the on the results of a joint survey conducted isolation ward of the medical unit; by experts from Kharkiv Institute for Social Researchs and Department of NPM. • Horodnya special boarding school of general education developed a project It is noteworthy that in 2013 the Ministry to build a new canteen, with the cost of Education and Science rather efficiently of 2,104,715 UAH; this draft project cooperated with the Secretariat of the was positively assessed by the state Ombudsman. According to information expertise; provided by the Ministry it took the following actions in response to the • Odessa health care boarding school Ombudsman’s recommendations: (for children with scoliosis) capitally repaired its canteen, physiotherapy 1) renovation works: facility and two sanitary rooms, bought • Kyiv special boarding school of general new beds and orthopedic mattresses, education No. 18 repaired the roof over installed plastic window frames and the passage between the canteen and equipped a part of the school yard; SECTION 2. 135

• Horodnya special boarding school its training and production workshops asphalted its inner yard, tiled the with the necessary materials for pathways and repaired the flooring on practical work; the ground floor of the school building; • Kyiv boarding school No. 18, Horodnya • Znamyanka special school had the special boarding school, Municipal dormitory toilets partitioned and now Institution “Zaporizhzhya boarding plans to reconstruct shower rooms in school of general education and view of the physical development of its rehabilitation” and Odessa health residents); care boarding school for children with scoliosis exhibited information with • in Horodnya special school boys’ toilets hotline numbers on notice boards and were renovated, the ventilation box in installed boxes for complaints and the chemistry classroom was replaced suggestions; and the water supply and sewage system in the school workshop was • deputy director of Horodnya special repaired; boarding school was disciplined for inappropriate management and • Horodnya special school also equipped coordination of technical and auxiliary the bedrooms with the necessary personnel’s performance (internal minimum of furniture for various order dated March 27, 2013, No. 41); purposes and bought 45 bedside cabinets for personal belongings of • Oleksiyivo-Druzhkivka health care students; boarding school No. 13 disinfects its kitchen and other premises with safe • in preparation for the heating season agents once a month and, if necessary, of the 2013/ 2014 school year Kyiv beyond schedule; boarding school No. 22 contracted maintenance works to ensure sufficient • Chasovy Yaar special boarding school heating in the rooms; No. 8 of Donetsk Region is presently transferring 8 computers to Yasynuvata • drinking water tanks were installed health care boarding school No. 14; in Bila Tserkva special boarding school, Horodnya special boarding school, • Sebastopol health care boarding school Varvarivka special boarding school and of general education No. 6 had window Municipal Institution “Zaporizhzhya bars removed, installed glass partitions boarding school of general education in the school building hallways and and rehabilitation”; bought more powerful electrical bulbs; • Kyiv boarding school No. 22 amended • in order to attract volunteers for p. 2.9 of its Charter to bring the cooperation Varvarivka special duration of breaks between classes boarding school created its own WEB into conformity with the Regulation on site; boarding schools of general education • health care personnel of Odessa and health care schools of general health care school No. 6 (for children education, approved by Order of MES with scoliosis) may shortly attend an of June 12, 2003, No. 363; advanced training course at Odessa • Kyiv boarding school No. 18 supplied Regional Institute of Advanced 136 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Training for Teachers. • to make capital repair of the gym roof and install new glazing in the school However, following recommendations building windows (Yasynuvata health have not yet been carried out: care boarding school No. 14); • to provide teachers and students • to equip toilets in the dormitory with special needs with relevant in accordance with the standards methodological literature and (Sevastopol health care boarding school textbooks (Bila Tserkva special boarding No. 6). school); Follow-up visits: • to regulate use of mobile phones by residents during the educational Follow-up visits to Kyiv special boarding process in a manner that does not school No. 17 and Kyiv special boarding violate their right to communication school No. 18 also showed that some and at the same time does not interfere of the earlier recommendations of the with the educational process (Kyiv Ombudsman had not been put into health care boarding school No. 22); practice. • to supply consumables for the Kyiv special boarding school No. 17 development of individual creativity, implemented only one recommendation hobby circle work, etc. (Horodnya by repairing part of floor in corridor near boarding school); the shoe-making shop.

This school failed to fulfill the following the floor in the medical unit; to procure recommendations: to fund replacement special textbooks for mentally retarded of the irreparable old window frames with children, to move the sensor room out modern glazing, to remove barring from of the quarantine unit, to replace or, or the windows of the ground, first and third least, to repair the ventilation system in floors (where the bedrooms are located), the kitchen; to provide information about to arrange for proper supply of medicines, hotline numbers and addresses of the detergents and disinfectants, to repair public authorities to which one can apply SECTION 2. 137 with petitions, complaints or suggestions, to install boxes for complaints and proposals. Kyiv special boarding school No. 18 • repaired roof of the passage between canteen and study building;

• repaired the toilet room on the second floor;

• equipped training and production workshops with the necessary materials for practical work; 138 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• put in the school lobby a notice board with the hotline numbers and a box for complaints and suggestions.

The said school still has, as recommended earlier, • to remove bars from the ground floor windows in the isolation ward and study rooms; • to arrange access to drinking water in areas other than the canteen (water fountains are out of order).

2.8. Results of monitoring of custodial settings of the Ministry of Social Policy According to the Ministry of Social Policies of Ukraine the network of its residences for the elderly, disabled and children with disabilities in 2013 consisted of 323 institutions, with capacity for 58.6 thousand people. These institutions were providing full state-funded support to 54.8 thousand residents. The network included: • 72 homes for elderly and disabled; • 36 geriatric and veterans’ residences; • 158 neuropsychiatric residences; SECTION 2. 139

• 4 special residence facilities, and • 53 childcare boarding homes.

Design capacity of residences and the number of their residents in 2013

Design capacity

Occupied beds at the end of 2012

homes for the residences for neuropsychiatric special residence childcare elderly and disabled veterans residences facilities residences

Between 2008 and 2013 the number of childcare residences decreased from 55 to 53. At the same time the number of children under 18 in the custody of juvenile wards and neuropsychiatric units increased from 2,243 in 2008 to 3,464 in 2013). Consequently, there is an urgent need to de-institutionalize residences for people with special needs. 140 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Numbers of residents (aged 4 to 18, yellow) in custody of juvenile wards and of residents (under 18, red) of juvenile and neuropsychiatric units of childcare institutions, 2008 - 2013 Territorial centers of social services as of January 1, 2014 had 359 inpatient departments for permanent or temporary residence and provided full state-funded support to 9.4 thousand individuals.

Number of inpatient units of territorial centers of social services, 2006 - 2013 SECTION 2. 141

According to the Law of Ukraine “On (Mykolayiv Region) the All-National Program and National 10. Veselivka neuropsychiatric residence Action Plan for Implementation of the UN (Zaporizhzhya Rregion) Convention on the Rights of the Child for the Period through 2016” (of March 5, 2009, 11. Zaporizhzhya childcare residence No. 1065 –VI) homes for children are being (Zaporizhzhya Region) reorganized into centers of social and 12. Rivne geriatric residence (Rivne psychological rehabilitation. Region) According to the State Statistics Service 13. Ostroh neuropsychiatric residence of Ukraine, after 2009 the total number of (Rivne Region) institutional homes for children decreased from 90 to 42 (as of January 1, 2014). 14. Kyiv neuropsychiatric residence (City Accordingly, the total number of children of Kyiv) in these institutions decreased from 14,242 15. Kyiv geriatric residence (City of Kyiv) to 3,172. 16. Oktyabrske geriatric residence Over the same time the number of centers (Autonomous Republic of Crimea) for social and psychological rehabilitation of children increased from 30 to 86 (as of 17. Bahchisaray neuropsychiatric January 1, 2014) and the total number residence (Autonomous Republic of of children in custody of these centers Crimea) increased from 3,585 to 9,070. 18. Sokolyne neuropsychiatric residence In 2013 employees of NPM Department (Autonomous Republic of Crimea) visited 42 MSP institutions: 19. Simferopol geriatric residence for 1. Bila Tserkva neuropsychiatric residence single pensioners and disabled of (Kyiv Region) groups 1 and 2 for the formerly deported Crimean Tatars “K’arlar Evi” 2. Bila Tserkva childcare residence (Kyiv (Autonomous Republic of Crimea) Region) 20. Komarivka childcare residence (Kharkiv 3. Staviv neuropsychiatric residence (Kyiv Region) Region) 21. Inpatient unit of Obukhiv territorial 4. Kyiv labor veterans’ residence (Kyiv) center of social services (Kyiv Region) 5. Svyatoshynsky neuropsychiatric 22. Staviv neuropsychiatric residence (Kyiv residence (Kyiv) Region) 6. Znamyanka neuropsychiatric 23. Vilshany childcare residence residence with a geriatric unit (Transcarpathian Region) (Kirovohrad Region) 24. Mukacheve neuropsychiatric residence 7. Popovychi neuropsychiatric residence (Transcarpathian Region) (Lviv Region) 25. Mukacheve neuropsychiatric residence 8. Stepivка childcare residence No. 1 (Transcarpathian Region) (Mykolayiv Region) 26. Ladyzhyn chidcare residence (Vinnytsa 9. Lupareve neuropsychiatric residence Region) 142 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

27. Perevalsk regional neuropsychiatric Region) residence (Luhansk Region) 40. Delyatyn neuropsychiatric residence 28. Plyskiv childcare residence (Vinnytsa (Ivano-Frankivsk Region) Region) 41. Inpatient unit of Tysmenytsya 29. Inpatient unit of Pohribysche territorial territorial center of social services center of social services (Vinnytsya (Ivano-Frankivsk Region) Region) 42. Sebastopol geriatric residence 30. Inpatient unit of Lypivtsy territorial Follow-up monitoring visits were made to: center of social services (Vinnytsya Region) 1. Staviv neuropsychiatric residence (Kyiv Region) 31. Bratslav neuropsychiatric residence No. 1 (Vinnytsa Region) 2. Svyatoshynsky neuropsychiatric residence (Kyiv) 32. Darnytsky childcare residence (Kyiv) 3. Komarivka childcare residence (Kharkiv 33. Inpatient unit of Vyshhorod Ditrict Region) territorial center of social services (Kyiv) Violations of residents’ rights of MSP institutions that qualify as torture and ill- 34. Komarivka childcare residence (Kharkiv treatment are as follows: Region) 1. Violations of people rights with mental 35. Konotop childcare residence (Soumy disorders in the course of involuntary Region) seclusion and application of physical 36. Khmelivka neuropsychiatric residence restraints: (Soumy region) • use of an old one-storey building 37. Chereshsky neuropsychiatric boarding with barred and broken windows and (Chernivtsy region) locked steel doors for “day care” (from 7.00 to 19.00) of residents in need of 38. Inpatient unit of Stalnivtsi District special supervision or for punishment. territorial center of social services In this room a plain bucket was used (Chernivtsy Region) instead of a toilet; 39. Mahala childcare residence (Chernivtsy SECTION 2. 143

• use of unsuitable premises or even of staff, especially doctors, is extremely metal cages for lengthy confinement low, which negatively affects the of residents in an agitated state. quality of specialized care wards and During isolation such individuals have makes impossible proper psychiatric no opportunity to satisfy even their care services to chronic mental basic needs; patients. For lack of personnel and their insufficient qualifications and for the reason of the low level of medical services the right to adequate medical care is violated: • in most inpatient units of the territorial centers of social services practically no medical assistance is provided, although most units are located within medical institutions. Another problem is availability of services of such health care professionals as ophthalmologists, prosthetists, surgeons, urologists and others. Examination of residents of Komarivka childcare institution revealed that resident K. had in inguinal Mukacheve neuropsychiatric residence hernia diagnosed by a surgeon back in 2011 but since then no medical • relocation of residents from sleeping assistance was ever provided; rooms to the hallway of the medical building as punishment for use of • delays with admission to psychiatric alcohol; hospitals because such facilities “are not interested” (financially) in patients 2. Disrespectful treatment of residents by from neuropsychiatric homes; the staff (Rivne geriatric residence). • lack of interaction between MSP 3. Violation of the right to a decent neuropsychiatric residences in Kyiv standard of living: and emergency unit of Kyiv Psychiatric • limited access to fresh air. Instead of Clinical Hospital No. 1. In case of a breathing the fresh air in the courtyard relapse mentioned emergency unit of the institutions the residents stay staff refuse to hospitalize the resident on the upper floors of the dormitory and do not even register such refusal. building as they are unable to move Hospitalization is possible only by on their own and have no personal agreement with representatives of the wheelchairs; administration of the psychiatric clinic; • no access to drinking water or its • some health care personnel (dentist, availability under a schedule. gynecologist, psychiatrist, nurses) maintain medical records (the 4. Most residences are located in rural registers of medical examinations, areas; as a result, availability of medical manipulations, briefings, etc.) in 144 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

arbitrary form in contravention of the maintained in a arbitrary form, with uniform requirements of the Ministry indication only of the number of people of Health Care of Ukraine. assigned to work but not their names; work assigned does not correspond to 5. The UN Declaration on the Rights the work really performed by resident). of Disabled specifies the rights of persons with disabilities to “training 6. According to p. 10 of the List of social and rehabilitation… which will enable services and of the conditions and them to develop their capabilities and procedures for their provision by skills to maximum and will hasten the structural subdivisions of the territorial processes of their social integration centers of social services (approved by or reintegration”. However, the care Resolution of the Cabinet of Ministers homes under MSP do not ensure of Ukraine “On certain matters of the right to receive comprehensive operation of the territorial centers of rehabilitation services for lack of social services” of December 29, 2009, rehabilitation professionals, of the No. 1417) medical contraindications conditions for physical culture/ sport for provision of social services are and physical rehabilitation activities, infectious diseases, drug or alcohol and for insufficiency of individual dependence or mental illnesses rehabilitation programs for the that require special ambulatory disabled. In particular, registration. • recommendations of medical However, during monitoring visits the commissions do not mention, apart inpatient units of some territorial centers from medical rehabilitation, any other had residents with F- 20 diagnosis kind or form of other rehabilitation (schizophrenia) who required specialized measures/ activities (psychological, medical care. This was in violation of the educational, physical, social or rules in the said regulation and negatively domestic); affected setting and psychological environment of the other residents. • there is an urgent need to provide the residents with technical and other 7. Persons with disabilities who reside means of rehabilitation; at institutions have opportunity to exercise their right to a family. Current • lack of sport grounds for physical/ regulations require significant changes exercise rehabilitation; to ensure the right to maternity and • residents of juvenile units are paternity to people with disabilities occasionally involved in cleaning residing at special homes. works in the city or in the private 8. Access control and issuance of sector; however, their individual permissions to visitors restricts rehabilitation programs contain no residents’ right to communication. In entries on indication of occupational particular, the visit to Svyatoshynsky therapy or such entries do not agree neuropsychiatric institution revealed with the work really performed; that all visitors have to get special • occupational therapy is not organized passes issued by the administration properly (work assignment loggers are and explained by high incidence of SECTION 2. 145

tuberculosis in Ukraine and, therefore, Inappropriate living conditions for the need to protect residents from the residents of MSP institutions: disease. However, such restriction is 1. Inadequate sanitary condition of not stipulated in any regulation. premises. 9. Residents are pressured to “voluntarily” insure themselves against accidents by an insurance group, on agreement with the administration of the residence.

They were also forced to pay an

insurance premium of 400 UAH for the event of death. The beneficiary in such cases was the institution (Octyabrske geriatric residence, Crimea). 10. Mailing is supervised and residents are unable to dispatch letters with complaints about actions of the staff. 11. Residents are not allowed to use Lupariv psycho neurological residence mobile phones and do not have ready 2. Inadequate living conditions: access to landline phones that usually are in the offices of the administration • overcrowded bedrooms; beds are very and of the duty staff. close to each other;

Bakhchisaray NPR Vilshany chidcare residence • inappropriate equipment and operation of sanitary rooms: • insufficient number of shower rooms (for instance, one showerhead for 37 to 51 persons, or two shower funnels in the bath area for 208 residents); • lack of regular access to hot water (which is available only in the bathing room, when heated by residents themselves); • absence of partitions between bowls and tubs in toilets and sanitary rooms; 146 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Cheresh NPR • poor lighting in the sleeping rooms;

Bakhchisaray NPR

• poor condition of bedding; underwear, pillows, sheets and mattresses need replacement; • poor storage conditions for residents’ clothing, underwear and footwear; individual bedding is not properly marked. SECTION 2. 147

Kyiv NPR Znamyabnka NPR • absence of rest and relaxation rooms; • poor state of recreation places - insufficient number of benches, absence of any shelter from rain; many benches are broken and the residents have to sit on concrete slabs; one exercise yard was equipped with a cage for “outdoor exercise”;

Veselivka NPR Svyatoshyn NPR • lack of a common area and poor conditions for persons with disabilities: • sanitary rooms are not equipped for patients of low mobility and their needs. In the rooms inhabited by residents on wheelchairs access to hygienic procedures is complicated by a narrow doorway and a high threshold. Only one wheelchair user had the entrance to the bathroom remodeled - at his own expense; 148 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Stepivka childcare residence • ramps do not provide the possibility of independent movement for residents of low mobility, or such ramps do not exist;

Delyatyn NPR limited participation of the younger residents on wheelchairs in cultural activities, especially in geriatric homes; • insufficient number of mechanical appliances – wheelchairs, trolleys, bedside tables and so on. SECTION 2. 149

Delyatyn NPR In-patient unit of Vyshgorod territorial center of the legislation on the part of of social services residences’ administrations. • improper maintenance or lack of • improper registration or absence of it records (visitors’ logbooks, injury (Visitors register, Trauma Register etc.) registers, etc.) for absence of relevant because of unavailable legislation. regulations. 3. Lack of control for sanitary and hygiene • lack of control over observance of requirements. sanitary and hygiene requirements

Bakhchisaray NPR Zhovtnevy geriatric residence 150 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

4. Absence of funeral rooms and deficient organization of burials (cluttered graves with no crosses or plates with names and birth and death dates of diseased).

Cheresh NPR 5. Inefficient activity of public councils/ boards, usually composed only of institutional personnel and employees of local executive authorities. There is no proper cooperation with NGOs that could act as sponsors or patrons and participate actively in the work of institutions and in leisure activities of their residents. 6. Discrepancies between Provisions on childcare residences and the current regulatory standard as to the age limit for juvenile units. SECTION 2. 151

Some facts may be quoted as positive examples, specifically: • some residences provide satisfactory storage of personal clothing and footwear;

Bila Tserkva childcare residence • in some institutions recreational areas offer comfortable conditions for leisure;

Perevalsk NPR Lupareve NPR • proper organization of social and daily rehabilitation (Konotop childcare residence); 152 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• proper operation of the public board at Stepivka facility, which continuously resolves multiple issues for the benefit of the children and includes representatives of the public and residents’ relatives. As a result, the institution has a family-like atmosphere and provides the conditions for harmonious development of its children;

• sanitary rooms are equipped in accordance with modern standards (Vilshany home for children, Mukacheve neuropsychiatric residence).

Vilshany childcare home Mukacheve NPR Implementation of the Ombudsman’s During visits NPM staff found that the recommendations given to MSP in 2013 vast majority of the visited institutions failed to provide the conditions that As a result of monitoring of rights and meet the international standards. Some freedoms respect of persons residing at domestic standards still do not exist. For the institutions of the Ministry of Social this reason a significant number of the Policies NPM Department sent to this recommendations of the Ombudsman Ministry 32 official letters, with excerpts addressed the issue of development of from monitoring reports. 16 relevant proper regulatory framework regarding letters were also sent to the Regional (City) residence and care conditions. Administrations, for their appropriate action in response. Specifically, in 2012 it was proposed to develop the standards of medical care and SECTION 2. 153 a systemic and comprehensive method of Ministry in order to develop and implement successive rehabilitation measures aimed a systematic approach to rehabilitation at social integration of the residents; of people with disabilities not only at to expedite the adoption of the Model rehabilitation facilities but also in special Provisions on neuropsychiatric residences residences. and of amendments to the Model Despite the presence of such systematic Provisions on the homes for the elderly and problems that have remained unsolved disabled as well as to the Model Provisions for years, as of the end of 2013 there was on childcare residences in order to bring not a single newly approved legal or them in line with the international and regulatory act that would help to improve national standards and principles of care the care after the elderly and people with for the elderly, people with disabilities, disabilities at institutional residences. children and others. In response to the Ombudsman’s proposal MSP of Ukraine has demonstrated its as to analysis of activities of the public willingness to cooperate. Thus, in response boards/ councils with institutional care to the Ombudsman’s recommendation providers and implementation of measures to explore the feasibility of establishing for improvement of their performance the daycare or provisional care units at Ministry conducted visits to 72 residences neuropsychiatric and children’s homes in in Volhynia, Vinnytsa, Dnipropetrovsk, the framework of the social service reform Zaporizhzhya, Lviv, Luhansk, Mykolayiv, the Ministry developed a draft of the Model Odessa, Rivne, Sumy, Kharkiv Regions and Provisions on neuropsychiatric residences the City of Kyiv. that envisage operation of daycare and/ or provisional care subdivisions at such Submissions of the Ombudsman homes. MSP has so far shown a rather formalistic Also in the framework of the social service approach to implementation of the reform MSP examined the feasibility of Ombudsman’s recommendations to establishing daycare units at its residences address the shortcomings identified at for children, and such units were specific institutions. The Ministry did not established at three institutions – Odessa, analyze the reports from the Ombudsman Belhorod-Dnistrovsky (Odessa Region) and and failed to provide information about Shakhtarsk (Donetsk Region). typical violations and shortcomings and any relevant action for their elimination The Council for rehabilitation of the and further preclusion. disabled and of children with disabilities functioning under MSP over the period of A vivid illustration of this approach is the its operation approved nearly 150 teaching response from the Ministry regarding guides (in 2013 – 28). Nevertheless, elimination of violations during monitoring of human rights and freedoms commitment of patients to isolation wards respect has demonstrated that the staff of under conditions that prevent satisfaction institutional residences are largely unaware even of basic physiological needs. Such of the modern tendencies, formats and violations were discovered in April 2013 methods of the rehabilitation process. This during the visit to Zaporizhzhya and Rivne prompts the need for proper cooperation Regions. between different subdivisions of the 154 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

On June 7, 2013 the Ministry informed the residence in Kyiv (as per submission of Ombudsman about the measures taken the Ombudsman to Minister of Social to implement the recommendations. Policies of Ukraine N. Korolevska). In order However, visits to neuropsychiatric to resolve the issue the Department of institutions of Transcarpathian and social policy of Kyiv City Administration Vinnytsa Regions in July - August 2013 called two meetings of the Supervisory revealed similar violations. This proves Board for institutional residences of the that the administrators of institutions in City of Kyiv (in June and December 2013), other regions of Ukraine were not properly with participation of representatives of the informed about the Ombudsman’s Secretariat of the Ombudsman, MSP, broad recommendations and the national public, relatives and care providers. As a and international standards for proper result of such activity the administration treatment of the elderly and persons with of the above named residence annulled disabilities. For this reason in September its requirement that for a visit to the 2013 the Ombudsman sent a submission institution the relatives or guardians of the to the Minister of Social Policies of Ukraine residents had to provide the results of their N. Korolevska with regard to the respect of fluorography. However, the institution still the rights of the residents at the agency’s practices groundless restrictions on free institutions. In its response the Ministry visits to its residents and such visits are did not inform about any measures taken granted only to their official guardians. to prevent similar violations but just Administration of certain residences duly provided information about changes in responded and eliminated the identified the institutions named in the submission. shortcomings within two to three days. Currently there is an agreement with the Specifically, Ministry of Health Care of Ukraine on approval of regulations on isolation of - administration of Mukacheve persons with mental disorders. neuropsychiatric residence removed cage for agitated patients; In 2013 further action was taken to ensure the right to communicate to the residents - administration of Sebastopol geriatric of Svyatoshynsky neuropsychiatric home relocated the residents earlier held

October 9, 2013 three days later SECTION 2. 155 in the hallway of the medical unit to the living area. Mentioned institution also had the bedding properly labeled.

October 11, 2013, October 9, 2013 (no marks) after elimination of shortcoming Follow-up visits After monitoring one observes positive changes in the attitude of the heads of institutions and of public officials to the needs and interests of the residents. Staviv neuropsychiatric residence serves an example. The repeat visit corroborated the data provided by the Department of social policy of Kyiv City Administration that this institution had renovated the living rooms and the hallway of the unit for bed-confined patients, provided access to the recreation hall, equipped rest-and-leisure rooms and, as a whole, reviewed its priorities to the benefit of the resident patients. The head of the institution is now occupied not only with the on-site farming plot but also with the issues of the residents.

January 25, 2013 July 10, 2013

156 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

January 25, 2013 July 10, 2013

During the repeat visit to Komarivka Ombudsman took steps to protect the right orphanage in Kharkiv Region (August to paternity of the residents of Simferopol 20, 2013) NPM staff checked on geriatric home - Shugayevs, a couple implementation of the recommendations who had a daughter (and whose rights’ provided after the first monitoring visit violations were the substance of a news (June 27, 2013) to this institution. A large report by “Facts” Program of ISTV channel number of recommendations were put into on August 7, 2013). However, currently practice. existing regulations require very significant changes to enable due respect of right to However, some recommendations maternity and paternity of people with remained unfulfilled: the laundry personnel disabilities residing in state institutions. did not work in proper conditions (information from MSP on a new shower In order to bring the Ukrainian legislation room for the personnel was not true as in conformity with the international the laundry even had no area where the standards the Ombudsman’s Secretariat showers could be installed) and the public cooperates with the Committee of the board of the institution failed to step up its Verkhovna Rada of Ukraine for matters work or attract sponsors. of pensioners, veterans and the disabled, which established a working group for Another issue to resolve is the right to improving the remedies for adult persons family of the persons with disabilities who with disabilities as a result of mental and reside at MSP homes. In particular, the intellectual disorders. SECTION 2. 157

2.9. Results of monitoring of custodial settings under the Ministry of Health Care According to the Ministry of Health Care (MHC) at the beginning of 2013 1,161,000 people were registered at its institutions as patients requiring dispensary or consultative psychiatric assistance. 282,7 thousand patients with mental and behavioral disorders were officially recognized as persons with disabilities. 8.1 thousand out of this number were children aged under 18.

The proportion of people with mental disability among people with disabilities (at the beginning of 2013)

At the beginning of 2013 in Ukraine had 29,251 psychiatric beds, of which 1,781 - for children aged from 0 to 17 inclusive.

Since 2008 numbers of MHC nursing homes for children and of children in their custody have been decreasing. This is shown in the two comparative tables below. 158 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

In 2013 the staff of NPM Department hospital named after O.F. Maltsev visited 20 public health care institutions (Poltava Region) - 17 psychiatric hospitals and 3 children’s 7. Crimean Republican psychiatric homes, namely: hospital No. 5 (Autonomous Republic 1. Kyiv regional neuropsychiatric hospital of Crimea) No. 2 (Kyiv Region) 8. Kharkiv municipal children’s hospital 2. Kirovohrad regional psychiatric No. 5 (Kharkiv) hospital (Kirovohrad Region) 9. Regional specialized nursing home 3. Bila Tserkva specialized nursing home “Zeleny Hay” (Kharkiv Region) (Kyiv Region) 10. Kharkiv regional clinical psychiatric 4. Mykolayiv regional psychiatric hospital hospital No. 3 (Kharkiv) No. 2 (Mykolayiv Region) 11. Specialized regional children’s nursing 5. Regional clinical psychiatric hospital of home (Kyiv Region) Zaporizhzhya Region 12. Regional psychiatric hospital in 6. Poltava regional clinical psychiatric Vilshany (Transcarpathian Region) SECTION 2. 159

13. Luhansk regional clinical protection of persons with mental illnesses neuropsychiatric hospital (Luhansk and the improvement of mental health care Region) (adopted by Resolution 46/119 of the UN General Assembly on February 18, 1992), 14. Perevalsk regional neuropsychiatric “physical restraint or involuntary seclusion hospital (Luhansk Region) of a patient shall not be employed except 15. The First regional specialized hospital in accordance with the officially approved (Soumy Region) procedures”. The European Committee 16. Regional psychiatric hospital No. 2 for the Prevention of Torture in Standard (Ivano-Frankivsk Region) 49 of its Standards [CPT/ Inf / E (2002) 1 - Rev. 2004] pointed out “a clear trend in 17. Regional neuropsychiatric hospital No. modern psychiatric practice in favour of 3 (Ivano-Frankivsk region) avoiding seclusion of patients” and noted 18. Regional Center of forensic psychiatric that where physical restraint and seclusion examination (Donetsk Region) “remains in use, it should be the subject of a detailed policy spelling out, in particular: 19. Kyiv municipal center of forensic the types of cases in which it may be used; psychiatric examination (Kyiv) the objectives sought; its duration and the 20. Chernihiv regional psychiatric hospital need for regular reviews; the existence of (Chernihiv Region). appropriate human contact; the need for staff to be especially attentive”. Similar Typical violations of human rights and requirements are laid down in Art. 8 of the freedoms identified during visits to Law of Ukraine “On Psychiatric Assistance”. psychiatric (neuropsychiatric) institutions However, the current means of restraint The procedure of the use of involuntary applied to patients in the absence of seclusion and of physical restraints is not proper regulation create the prerequisites regulated by any legal act. for violation of human rights. This does not comply with the international The vast majority of psychiatric hospitals standards. Thus, in accordance with make use of such instruments of restraint Principle 11 of the UN Principles for the as linen loops of in-house make.

Mykolayiv regional psychiatric hospital No. 2 First regional specialized hospital, Romny 160 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

NPM staff also found foreign-made restraint straps that were not certified in Ukraine (regional neuropsyciatric hospital No. 3 of Ivano-Frankivsk Region, Ternopil regional neuropsychiatric hospital).

Ternopil regional neuropsychiatric hospital The straitjacket found in the First regional specialized hospital in Romny contradicts public statements of Ukrainian mental health professionals that straitjackets have not been in use over the past two decades.

Psychiatric hospital in Vilshanky Gross violations during admission of children from childcare residences to psychiatric units. For instance, a number of residents of Sevastopol childcare Monitoring results also show different institutions were hospitalized in mental approaches to the application of health care institutions on such grounds involuntary seclusion: some clinics use as “irritable state, absence without leave, rooms with barred windows and doors. conflict-prone behavior” and so on. In fact, these children became hostages of their institutions and got punished for misconduct by placement into psychiatric hospitals for examination and treatment. Such actions of the administration are in SECTION 2. 161 flagrant violation of the Law of Ukraine the general wards together with adults. “On Psychiatric Assistance” and p. 3.1 of This, however, is in violation of p. 2.1 of the Procedure for psychiatric assistance to the Procedure for psychiatric assistance to children (approved by MHC of Ukraine on children which requires a clear distinction may 18, 2013, No. 400), whereby a child between mental health care of children and is subject to hospitalization only when adults. In particular, Sevastopol psychiatric committing or clearly intending to commit hospital No. 5 in 2013 only hospitalized actions that pose a direct danger to him/ 96 juveniles (and even 14 children of very her or others. minor age) to its adult units. With regard to psychiatric assistance to On the positive side one may refer to how children in Sevastopol psychiatric hospital the rights of children with mental disorders No. 5 the prosecutor of Sevastopol, in to health care are protected in Kharkiv response to the Ombudsman’s submission, municipal children’s hospital No. 5. Medical on December 11, 2013 officially requested assistance to children in this city is provided the head of Sevastopol City Administration not at psychiatric or neuropsychiatric clinics to eliminate the violations of the relevant but in the psychiatric and neuropsychiatric legislation. wards of a hospital for children. This is in line with the international trend of secularizing Treatment of children together with adult children’s units from psychiatric hospitals patients. At some hospitals children aged for adults and corresponds to the basic from 3 to 14 years were treated in juvenile concepts for improvement of mental heath wards but those aged from 15 to 18 – at care for children in Ukraine.

Poor organization of medical services for patients with tuberculosis threatens patients’ lives and health Wards for patients with TB at the regional psychiatric hospital No. 2 of Ivano- Frankivsk Region and Kharkiv regional psychiatric hospital No. 3 at the same time held patients with MBT+ and MBT- who shared the canteen, hallway, sanitary rooms and the strolling area with all others. Their inevitable close contact generated high health risks. Lengthy stay of in-patients in psychiatric and neuropsychiatric facilities. According to the clinical treatment protocols patients with mental illness are subject to in-patient 162 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

treatment for two months. However, in of their treatment in court. Interviewees reality some patients remain in geriatric in hospitals and applicants to the wards for half a year and even for years. Ombudsman most often complain about Thus hospital wards actually perform the modes of treatment or do not agree with functions of neuropsychiatric residences. the diagnoses. According to Art. 32 of In accordance with the regulations it is Law of Ukraine “On Psychiatric Assistance” impossible to check out an incapable patient patients have the right judicial remedy without the consent of his/ her guardian; but there are no mechanisms for them to yet, some unscrupulous guardians want apply when in psychiatric custody. Thus, their relatives institutionalized for years, it is urgent to ensure the right to legal and this, unfortunately, occurs in most assistance to persons placed in psychiatric psychiatric hospitals. Thus persons who institutions, with or without own consent, do not need further treatment are forcibly to undergo treatment. held at psychiatric institutions. Identified problems and shortcomings To solve this problem it is necessary to that entail violations of patients’ rights: cooperate with the local custody and care Inadequate exercise of the right to receive authorities. It would be worthwhile to full rehabilitation services. The current extend the experience of Ivano-Frankivsk system of mental health care in psychiatric regional neuropsychiatric hospital No. institutions focuses on medication 3: when expedient, its social workers treatment. Although some institutions themselves apply to the said authorities launched rehabilitation programs, most of and initiate cancellation of guardianship. them are limited to medical rehabilitation As a result this hospital does not have the measures (regional psychiatric hospital in issue of over-lengthy in-care. Vilshany (Transcarpathian Region), Poltava Custody of persons under psychiatric regional psychiatric hospital named after O.F. examination in civil proceedings in the Maltsev). same conditions as for arrested criminal A positive mention should be made of the defendants. experience of regional neuropsychiatric A visit to Kharkiv regional clinical hospital No. 3 of Ivano-Frankivsk Region psychiatric hospital No. 3 revealed that that applies modern methods of treatment persons who were to undergo psychiatric and rehabilitation and ensures a high examination/ expertise in civil proceedings level of specialized care. Rehabilitation were held in the same unit with arrested professionals undergo systemic advanced criminal defendants. Their unit was training abroad. equipped as required for holding arrestees: Lack of in-house doctors, including barred windows, fence with rows of barbed psychiatrists, especially in psychiatric wire, guard tower. Such conditions are hospitals located at a distance from not prescribed for those who undergo regional capitals. psychiatric examination/ expertise in civil proceedings; therefore, such restrictions are unreasonable and in violation of their rights. Patients cannot challenge the methods SECTION 2. 163

The number of psychiatrists in Ukraine ( lled sta positions)

The percentage of lled psychiatrists’ positions in hospitals, by regions (total)

Limited communication of patients with relatives and others. For example, in Mykolayiv regional psychiatric hospital No. 2 visits last for only 30 minutes. Restrictions on the right to outdoor exercise: • in Chernihiv regional neuropsychiatric hospital this right of some patients is abridged in winter time; • persons under forensic psychiatric examination at Luhansk regional psychiatric hospital complained during the visit that they had not been taken outdoors for three weeks; 164 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Psychiatric hospital No. 2 Poltava regional psychiatric hospital (Ivano-Frankivsk Region) • poor design and equipment of exercise areas in the forensic psychiatric examination units (the grounds have no benches or rain canopies and are cluttered with various items).

In-patient forensic unit at Luhansk regional Kyiv center of forensic psychiatric examination psychiatric hospital Inappropriate conditions of custody: 1. Overcrowded rooms, lack of personal space; SECTION 2. 165

Ivano-Frankivsk regional psychiatric hospital First regional specialized hospital, Romny No. 2

Chernihiv regional psychiatric hospital 2. Insufficient lighting (Crimean psychiatric hospital No. 5); 3. Absence of forced and natural ventilation (aged and barred windows with small vents that do let fresh air in) (Poltava regional psychiatric hospital named after O.F. Maltsev) 4. Inadequate medical care and nutrition of patients (Crimean psychiatric hospital No. 5, Chernihiv regional psychiatric hospital). Analysis of funding of medical and food supplies has shown that, e.g., Crimean psychiatric hospital spends 5.05 UAH per patient a day on food and 4.71 UAH on medicines, while at Vilshany hospital the respective figures are 15.96 UAH and 13.54 UAH per bed daily; 166 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

5. Poor condition of the facilities/ premises, in particular: – Ivano-Frankivsk regional psychiatric hospital No. 2 is located in a remote village, in the old premises of a former nunnery, some of which are in disrepair;

– at Vilshany psychiatric hospital four out of five buildings need capital repair; – the First regional specialized hospital in Romny (founded back in the eighteenth century) has not conducted current and capital renovations for more than 20 years.

First regional specialized hospital, Romny SECTION 2. 167

Psychiatric hospital No. 2 Kirovohrad regional psychiatric hospital (Ivano-Frankivsk Region)

Kharkiv regional psychiatric hospital No. 3 6. Unsatisfactory condition of sanitary rooms and absence of partitions in toilet facilities;

Regional psychiatric hospital in Vilshanky 7. Use of obsolete hard and soft furniture; 168 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Chernihiv regional psychiatric hospital Regional psychiatric hospital in Vilshanky 8. Isolation wards for patients with infectious diseases were equipped in auxiliary premises without windows (Crimean psychiatric hospital No. 5).

At the same time one should note the In July 2013 Ivano-Frankivsk positive experience of Chernihiv regional neuropsychiatric hospital No. 3 psychiatric hospital that improved its inaugurated, in cooperation with Polish territory for landscape therapy purposes. and French colleagues, its new units that Since 2003 every year this hospital has comply with the European standards. been holding an exhibition of flowers and folk crafts. The hospital inaugurated the church of Holy Mother of Joy of All Who Sorrow and created a unit of palliative care at its center for elderly patients. SECTION 2. 169

At the First regional specialized hospital of Romny improvements of the living conditions for patients started with renovation of sanitary rooms.

Status of implementation of the before. A large number of recommendations Ombudsman’s recommendations given have to do with insufficient funding but, to MHC in 2013 at the same time, a number of other recommendations address the necessary In 2013 on the basis of the results of changes in the attitude to patients. monitoring of the respect of the rights and freedoms of persons in custody of health In particular, MHC did not respond to care facilities the Department of NPM the proposal to remove indications of Implementation sent 11 official letters, specialization from the official names of with relevant extracts from the reports, neuropsychiatric hospitals. The purpose to the Ministry of Health Care of Ukraine, of this proposal is to eliminate the stigma and 5 such letters - to the Regional (City) attached to mentally ill people. The Administrations, for their proper action in Ombudsman proposed to omit those response. words in the names of hospitals that signal their specialization. This issue was In 2013 MHC’s response to the important discussed at a meeting of chief consultants recommendations of the Ombudsman of the Ministry of Health Care of the remained as poorly efficient as the year Autonomous Republic of Crimea and of 170 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

mental health care facilities as well as Care of Kherson Regional Administration during the on-line conference at MHC on informed that the relevant rights had been occasion of the International Day of Human restored (June 2013). Rights; the Ombudsman took part in both. However, during the repeat visit of According to MHC, exclusion of the words the Ombudsman’s Representative for that indicate specialization of health care public relations to the same institution facilities from their official names may it was established that any measures for violate the rights of those who work in these improvement of the conditions of custody facilities: the employees might potentially at the forensic examination unit had not lose their retirement preferences and the taken place. Specifically, there was still right to benefits due to persons engaged a locked metal bar gate between the in work in hazardous conditions. However, sleeping room and the canteen, and the the current practice at some hospitals window glasses were still painted opaque. (Dniprodzerzhynsk municipal hospital No. There were also grounds to believe that the 1 in Dnipropetrovsk Region, or the First inmates had no access to their beds in the regional specialized hospital in Romny, daytime. Soumy region) suggests that despite the absence of indication of specialization in On December 25-26, 2013, in accordance the names of medical institutions their staff with its earlier Order of December 25, are entitled to all benefits as stated in the 2013 (No. 275-Adm) “On establishment of by-laws of these institutions. the commission for on-site inspection at Kherson regional psychiatric clinic” MHC’s Another issue yet unresolved is how commission checked on the procedures to organize high-security compulsory of compulsory treatment and in-hospital treatment. The Ombudsman in her letter forensic psychiatric examination at this stressed the need for proper regulation of institution. After this visit the hospital security at compulsory treatment units and took a number of measures to eliminate of the custody procedures thereat, with the shortcomings, yet it still has to resolve harmonization of relevant regulations with certain issues that require additional the international standards of health care funding. In particular, in 2014 the hospital services to persons with mental disorders plans to replace the windows and to and proper arrangements for the security draft the terms of reference for design of medical staff. and construction of a new building for its However, in response MHC just requested forensic unit. the Ministry of Internal Affairs to draft Submissions of the Ombudsman a regulation on security arrangements for facilities providing high-security In 2013 the Ombudsman made two compulsory treatment. Presently the official submissions with regard to typical matter is still not resolved. violations in the institutions of the health care system of Ukraine. With regard to the absence of free access of persons under forensic psychiatric In December 2012 the Ombudsman sent examination to their beds in daytime a submission to the Prime Minister of (discovered during the monitoring of Ukraine on bringing Resolution No. 1138 Kherson regional psychiatric hospital in of the Cabinet of Ministers of Ukraine (of February 2013) the Department of Health September 17, 1996) “On approval of the SECTION 2. 171 list of paid services provided at public 508 of the Code of Criminal Procedure of health care institutions and establishments Ukraine. MHC has planned an interagency of higher medical education” (where it working meeting with participation of relates to services of forensic psychiatric representatives of the Prosecutor General’s examination in cases on restriction of Office, Supreme Court of Ukraine, Ministry civil capacity or on pronouncement of a of Internal Affairs, Ministry of Justice and natural person incapable) into compliance the State Penitentiary Service for drafting with the requirements of the Code of Civil of a regulation on application of Art. 508 of Procedure of Ukraine. the Code of Criminal Procedure. Although the Ministry did not acknowledge It was also agreed that representatives this issue, prosecutorial review in 2013 of the Research Institute of Social and revealed relevant violations and requested Forensic Psychiatry and Addiction Studies their elimination from the respective of the Ministry of Health Care of Ukraine regional administrations. The High would, as assigned by the High Judicial Specialized Court of Ukraine for Civil and Qualification Commission of Ukraine, take Criminal Cases made a decision to prepare part in the teaching process at the National an information letter to lower courts with School of Judges of Ukraine. explanations on application of Art. 240 of Monitoring has also uncovered some the Code of Civil Procedure. issues the solution of which is possible only Subsequent visits to institutions of forensic with the cooperation of several ministries. psychiatric examination, including Kyiv This specifically pertains to violation of the municipal center of forensic psychiatric rights of the people with mental disorders examination, showed that in response to who are in custody of institutions of the the above mentioned submission such health care, welfare and penitentiary institutions began to provide services of systems and are involuntarily secluded or forensic psychiatric examination in the physically restrained with the use of the proceedings on restriction of civil capacity means the procedure of application of or on pronouncement of a natural person which is not regulated by any legal act and incapable exclusively on free-of-charge does not comply with the international basis. standards. Thus, in accordance with Principle 11 of the UN Principles for the NPM Department has also established protection of persons with mental illnesses cooperation ties with the Ukrainian and the improvement of mental health Research Institute of Social and Forensic care (adopted by Resolution 46/119 the Psychiatry and Addiction Studies of the General Assembly on February 18, 1992), Ministry of Health Care of Ukraine. “physical restraint or involuntary seclusion On June 25, 2013 NPM Department and the of a patient shall not be employed except Institute jointly held a round table discussion in accordance with the officially approved “Application of compulsory medical procedures”. The European Committee treatment measures as a form of coercion for the Prevention of Torture in Standard on the part of the state”. As per its results 49 of its Standards [CPT/ Inf / E (2002) 1 - the Ombudsman sent a submission to the Rev. 2004] pointed out “a clear trend in Prime Minister of Ukraine on the respect modern psychiatric practice in favour of of citizens’ rights in the application of Art. avoiding seclusion of patients” and noted 172 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

that where physical restraint and seclusion be the results of effort of the whole society, “remains in use, it should be the subject of require inter-sectoral collaboration a detailed policy spelling out, in particular: and include measures reflecting the the types of cases in which it may be used; capacity of multiple sectors and various the objectives sought; its duration and the need for regular reviews; the existence of specialists: educationists, doctors, appropriate human contact; the need for media professionals, employees of the staff to be especially attentive”. systems of social security, justice and As the absence of regulation of the use of internal affairs, and many others. means of involuntary seclusion and physical restraint entails violations of the rights of persons with mental health problems, on October 9, 2013 the Ombudsman sent to the Prime Minister of Ukraine a submission on proper respect of the rights of people with mental disorders subjected to involuntary seclusion or physical restraint. The Ministry of Health Care of Ukraine drafted a departmental order “On approval of the Instructions on the procedure of application of involuntary seclusion and physical restraint during psychiatric assistance to persons with mental disorders”. Pursuant to the minutes of the work meeting on the current priorities of implementation of the public policy in the area of ​​human rights and freedoms in custodial settings (held on November 4, 2013 under the chairmanship of the Commissioner for Human Rights), on December 20, 2013 the Ministry of Health Care of Ukraine summoned the first meeting of the Inter-Agency Coordination Council for improvement of the mental health care system in Ukraine. The participants discussed key issues of interaction between different agencies within the proposed draft concept of the National Program of the development of mental health care in Ukraine for the period until 2020. They also emphasized that such important components of mental health care as medical and social assistance should SECTION 3. 173 SECTION 3. RECOMMENDATIONS ON IMPOVEMENTS IN THE SITUATION WITH THE RESPECT OF HUMAN RIGHTS (BASED ON THE RESULTS OF MONITORING IN 2013)

3.1. For the Verkhovna Rada of Ukraine. 1. To regulate by law the establishment contravention of the stipulation in Art. 10.4 of an independent body of pre-trial of the latter Law according to which such inquiry into facts of torture and other patients are treated at anti-TB facilities; cruel, inhuman or degrading treatment b) in Art. 7, by providing for the or punishment on the part of officials. transfer of money or valuable items 2. To amend the Criminal Code of seized from persons taken into Ukraine: custody during their preliminary detention, only in accordance with a in Art. 127 – with regard to the definition of relevant court ruling, as under Article “torture”, by bringing it in conformity with 41 of the Constitution of Ukraine the the definition in Article 1 of the Convention right to private property is inviolable against Torture and Other Cruel, Inhuman and confiscation of property may be or Degrading Treatment or Punishment, applied only if so ruled by a court. In with regard to the manifestations of such instances the court is to receive a such treatment and punishment, and by report on seizure of money or valuable defining a new subject of perpetration – an items made by a relevant official; official of a body of state power. c) to Art. 9: 3. To amend the Law of Ukraine “On Preliminary Detention”: • by providing for daily outdoor exercise of two hours for pregnant women and a) in Art. 4, by providing for women with babies, for minors and treatment of persons taken also for the ill, with doctor’s permission in custody and suffering from and on their own consent. Scheduling contagious tuberculosis in the of specific time for daily outdoor specially designated areas at anti-TB exercise will exclude any shortening of medical facilities. such time (two hours); This amendment is required because of • by providing for the right of persons the discrepancy between the said Law taken into custody to receive parcels and the Law of Ukraine “On Control of or packages and money transfers Tuberculosis” that violates the right of with no quantity restrictions. The the named category of persons to health present language of Art. 9 of the Law care as they are held at remand prisons in of Ukraine “On Preliminary Detention” 174 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

is the reason why p. 2.1 in Section 2 of to bring the content of Art. 24 into Chapter VI of the Provisions on internal conformity with Art. 191 of the Law of procedures for remand prisons of the Ukraine “On the Ukrainian Parliament State Penitentiary Service of Ukraine Commissioner for Human Rights”; (approved by Ministry of Justice of b) to Art. 51: Ukraine on March 18, 2013, № 460 /5, and registered with Ministry of • by eliminating the prohibition for Justice on 20 March 2013 under No. persons punished by arrest to receive 445/ 22977) provides that prisoners visits from relatives or other persons are allowed parcels with a total weight or to receive parcels (packages), not more than 50 kg per month. This including posted packages. Absence violates the right of persons taken into of such rights deprives this category custody to adequate food of proper of prisoners of the right to adequate quality; food and communication, primarily with relatives. In order to restore social d) to Art. 12, regarding the right of justice to persons punished by arrest persons taken into custody to visits it appears appropriate to enable them from relatives or other persons; to receive short-term visits monthly e) to Art. 13, by providing for delivery of and long-term visits once in three replies to applications, complaints and months as well as to receive packages letters directly to persons taken into and parcels, without any quantity custody. The present procedure under restrictions; Art. 13 whereby the remand prison • by clearly indicating the time for the administration informs persons taken outdoor exercise of persons punished into custody, against their signature, by arrest. The presently set exercise about the replies to their applications, time of up to one hour or up to two complaints and letters is contrary to hours for minors in practice creates Article 34 of the Constitution of Ukraine the grounds for administrations to that entitles everyone to freely collect, shorten the exercise time. Scheduling store, use and impart information, of specific time for daily outdoor orally, in writing or otherwise, at own exercise will exclude any shortening of choice. such time as presently defined in the 4. To make amendments to the Code of Code, which is particularly important Criminal Procedure of Ukraine: for prisoners continuously held in cells; a) to supplement Art. 24 by widening c) to Art. 93, providing convicts with the range of subjects entitled to visit the possibility, at own choice, to penitentiary institutions. The proposed serve the sentence in a penitentiary amendments allow such visits, on the institution in the area of residence grounds of special assignments from of their relatives. As a result of the the Ombudsman, to representatives procedure of assignment of convicts of NGOs, experts, researchers and to penitentiaries that is presently other professionals contracted by established in this article convicted the Ombudsman to perform NPM prisoners serve sentences at functions. Such amendment is needed penitentiaries remote from the place SECTION 3. 175 of residence of their relatives, who since any relevant discretion of the often are elderly people suffering institutional personnel does not from various diseases and do not have exclude prejudiced attitudes; enough money to travel in order to visit f) to Art. 145, by reducing to five days the prisoners. This restricts the right of the maximum term of punishment of citizens to communicate and does not convicted juveniles by incarceration in contribute to reformation of convicts. a disciplinary cell; It is therefore appropriate to consider assignment of sentenced prisoners to g) to Art. 151, by granting, once in three penitentiaries that are close not only months, long term visits to persons to their places of residence but also sentenced to life imprisonment, by to the area of residence of their close their close relatives (spouses, parents, relatives; children, adoptive parents, adopted children, siblings, grandparents, d) to Art. 134, in order to grant grandchildren). prisoners the right to receive visits from lawyers and other professionals Moreover, pursuant to Art. 140.1 prisoners in the sphere of law during detention convicted for premeditated grave or in disciplinary cells, punishment cells especially grave crimes or for such or solitary confinement. The present crimes committed during the period of language of this article is contrary to sentence of imprisonment, those who the constitutionally granted right to were previously twice in any sequence legal assistance in the proceedings sentenced to imprisonment and other in courts and other public authorities categories of prisoners who, in theory, of Ukraine and contravenes the constitute no less of a threat to security and requirements of Art. 110 of the Code to compliance with the internal regulations according to which the number and of the institution are held in the conditions duration of visits received by persons very similar to those for life prisoners but sentenced to deprivation of liberty are entitled to monthly short-term visits from their lawyers are not limited. and long-term visits once in three months. Furthermore, in accordance with p. 5. To develop and pass a law of Ukraine 23.1 of the European Prison Rules regulating the institutions of custody all prisoners are entitled to legal aid and guardianship of incapable persons and the administration of the penal and persons of limited legal capacity. institution is to provide reasonable opportunities for access to such aid; 6. To amend the existing legislation in order to ensure access to the e) to Articles 138, 139 and 140, procedures that restore the legal by providing for the possibility capacity of the incapable and enable of additional expenditure for the the exercise of their right to lodge purchase of food and other essentials, complaints. Inability of the incapable by deleting the language “they may be to challenge their involuntary allowed to”, as spending more money hospitalization or treatment in mental on food and other essentials is a right institutions, to complain about actions and not a possibility for prisoners or inaction of the care and guardianship serving sentences in penitentiaries, authorities or to request free legal aid 176 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

practically turns them into hostages accordance with the requirements of of unscrupulous guardians who often Art. 327.3 of the Code of Administrative violate their rights. Offenses, regulate the rules of serving the sentence of administrative arrest. 7. To draft a legislative act that would, in

3.2. For the Cabinet of Ministers of Ukraine:

1. To develop a regulatory act that would 5. To draft uniform samples of registration define uniform national standards documents/ records to be maintained of custody for persons detained by officials in charge of detainees in for administrative offenses and the accordance with Art. 212 of the Code procedure for restriction of their rights of Criminal Procedure and to approve and freedoms in the authorities of such forms by a joint regulation of the Ministry of Internal Affairs, State PGO, SSU, MIA and tax police. Migration Service and State Border 6. To regulate the use of involuntary Service of Ukraine. seclusion and physical restraint to 2. To develop uniform national rules and persons with mental disorders and to standards for conditions of custody for bring such regulations into conformity persons detained for criminal offenses with the international standards. in custodial settings subordinate 7. To regulate the procedure for to different ministries and agencies involuntary seclusion and physical (Ministry of Internal Affairs, Ministry restraint of persons with mental of Defense, State Penitentiary Service, disorders in custody of health care, Security Service, State Border Service of social security and penitentiary Ukraine), in view of the best domestic institutions, in furtherance of the and international practices. requirement of Art. 8 of the Law of 3. To develop sanitary rules and the Ukraine “On Psychiatric Assistance”. standards for arrangements and 8. To regulate the security arrangements procedures for the operation of for application of compulsory institutional residences of social treatment measures at secure security. wards and high security psychiatric 4. To develop uniform national rules and institutions. standards with regard to equipment 9. To develop and implement the of transport means (special vehicles, mechanisms of application of special railcars, patrol cars) used for restraint measures for persons who transportation of detained, arrested are to undergo in-patient compulsory and convicted prisoners, in accordance medical treatment at psychiatric with the relevant international institutions, in the conditions that standards, and to bring the available preclude their dangerous behavior. transport means into conformity therewith. SECTION 3. 177

3.3. For the Ministry of Internal Affairs of Ukraine:

In the sphere of administrative and material 2012, № 686). support: 3. To ensure immediate notification of 1. To examine the feasibility of operation, the relatives and nears of persons within MIA system, of special facilities detained both under administrative for administrative arrestees, in view of: procedures and on suspicion of a crime, and subsequently to inform them • absence of any regulations with immediately about any relocation of the rules of serving the sentence of detainees from one custodial setting administrative arrest, as required by to another. Art 327.2 of the Code of Administrative Offenses; 4. To discontinue the practice of holding people in areas not designated for • existence, in the competence of such purpose (offices, corridors, etc.). MIA bodies, of a whole network of temporary holding facilities that can 5. To provide citizens with free access be used for custody of administrative to reception areas of MIA bodies and arrestees; units. • significant costs of the operation and 6. To ensure prompt notification of maintenance of the special reception prosecution authorities about centers and their personnel. identified injuries of detainees at temporary holding facilities. In case of a relevant positive decision the funds assigned for operation and 7. To strictly prohibit review and maintenance of the special reception censorship of correspondence that centers may be used to improve the persons in detention and custody material conditions of custody at temporary or under administrative arrest holding facilities. address to the Ukrainian Parliament Commissioner for Human Rights, 2. To ensure appointment of officials European Court of Human Rights responsible for custody of the detained and other relevant international and proper performance of such organizations of which Ukraine is a officials as required by Art. 212 and Art. member or a participant, to officials of 213.5 of the Code of Criminal Procedure, such organizations and to prosecutors, the Procedure of notification of free or receive from such bodies or persons. legal aid centers about instances of detention (approved by Resolution To provide for alternative modes of dispatch of the Cabinet of Ministers of Ukraine of prisoners’ correspondence to the said of December 28, 2011, № 1363) and addressees, so that such correspondence Section VIII of the Provisions on bodies does not go via the administration of the of preliminary investigation of the custodial setting. Ministry of Internal Affairs of Ukraine 8. To exclude instances of custody at (approved by MIA Order of August 9, temporary holding facilities and 178 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

premises for apprehended and bodies is maintained in accordance arrested of the police units in excess of with the requirements of the effective the allowed period. regulations of the Ministry of Internal Affairs of Ukraine. 9. To ensure familiarization and strict compliance of personnel with the 16. To maintain the service documentation Procedures of interaction between of police patrol units in accordance health care institutions, Internal with the requirements of the Field Affairs bodies, remand prisons and manual of patrol service approved correctional centers with regard to by MIA Order of July 28, 1994, № effective continuity of substitution 404, including proper registration of maintenance therapy (approved by persons detained for administrative Joint Order of the Ministry of Health and criminal offenses. Care, Ministry of Internal Affairs, 17. To include the topics of human rights Ministry of Justice and State Drug respect in police work into personnel Control Service of October 22, 2012, training plans and to ensure proper No. 821/937/1549/5/156). study of such topics, with course 10. To exclude unjustified refusals of completion tests. parcels to detainees during weekends. 18. 18. To equip the entrances to MIA 11. To ensure observance of doctors’ authorities and units and to special recommendations given during facilities with ramps, in accordance medical assistance to detainees. with the Law of Ukraine “On the Principles of Social Protection of the 12. To allot funds, at public expense, to Disabled in Ukraine”, as required by city, district and line police units for the Construction Rules of Ukraine provision of three hot daily meals (ДБН В.2.2-17:2006) “Buildings and to persons held at the premises for enclosures. Accessibility of buildings apprehended and arrested persons at and enclosures for people with limited the duty units. mobility”. 13. To grant free access to the book of 19. To bring the occupancy of cells in complaints and suggestions at each temporary holding facilities and in MIA authority. special reception centers for persons 14. To ensure timely review of complaints under administrative arrest and of made ​​by citizens in the book of the premises for apprehended and complaints and suggestions, and to arrested persons at police duty units inform the applicants about the results into conformity with the national and of the review and the essence of international standards that require at relevant decisions in accordance with least 5 square meters of usable floor the requirements of Art. 19 of the Law area per person, excluding the toilet of Ukraine “On Citizens’ Petitions”. unit and the area for items of common usage. 15. To make sure that the documentation at temporary holding facilities, special 20. To bring the occupancy of sleeping reception centers for persons under rooms in the reception centers for administrative arrest and police children into conformity with the SECTION 3. 179

national and international standards heating systems in accordance with that require at least 5 square meters of the domestic and international rules usable floor area per person. and standards. 21. To prohibit holding of detained, 26. To equip the windows in cells of arrested or convicted prisoners or special facilities and in the premises persons under administrative arrest for apprehended and arrested persons in any cells of temporary holding at police units with vents for fresh air facilities, reception centers for persons inflow and with appliances for their under administrative arrest or premises opening by prisoners. for apprehended and arrested persons 27. To furnish the cells of special facilities at police units where the distance and the premises for apprehended between walls is less than 2 meters and arrested persons at police units and the distance between the floor with stools (benches), wall closets and and the ceiling is less than 2.5 meters. bedside cabinets for storage of foods 22. To grant continuous access to drinking and personal hygiene items, and to and running cold and hot water to install radios, TV antennae and call all who are held at the premises for buttons. apprehended and arrested persons 28. To provide temporary holding at police units or in cells at special facilities, special reception centers for facilities. persons under administrative arrest 23. The bring the level of natural lighting in and the premises for apprehended and the cells of temporary holding facilities, arrested persons at police units with reception centers for persons under proper essentials, medical supplies administrative arrest and premises for and consumables in accordance with apprehended and arrested persons at the relevant standards approved by police units into conformity with the MIA Order of September 25, 2006, № relevant domestic and international 946. standards. 29. To bring the premises for medical 24. To equip the toilets in the cells of assistance to detainees into conformity temporary holding facilities and with the relevant domestic and reception centers for persons under international standards. administrative arrest and in the 30. To equip the dormitories of the premises for apprehended and reception centers for children with arrested persons at police units in toilet facilities as required by the accordance with the relevant domestic domestic and international standards, and international standards and including p. 19.3 of the European requirements and to exclude any Prison Rules, according to which instances when the toilets are within “Prisoners shall have ready access to surveillance of CCTV cameras. sanitary facilities that are hygienic 25. To equip the cells of special facilities and respect privacy”, and the Second and the premises for apprehended and general report of the Committee for arrested persons at police units with Prevention of Torture [CPT / Inf ( 92 ) mechanically operated ventilation and 3] which states: “Ready access to proper 180 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

toilet facilities and the maintenance of are held. good standards of hygiene are essential 36. To arrange for the proper number of components of a humane environment. exercise yards at temporary holding … Either a toilet facility should be located facilities and special reception centers in cellular accommodation (preferably in for persons under administrative arrest a sanitary annex) or means should exist and to equip such yards as required by enabling prisoners who need to use a ВБН В.2.2-49-2004 rules approved by toilet facility to be released from their MIA Order No. 775 of July 12, 2004. cells without undue delay at all times (including at night). Further, prisoners 37. To equip designated rooms for visits should have adequate access to shower of persons held at temporary holding or bathing facilities. It is also desirable facilities and special reception centers for running water to be available within for persons under administrative cellular accommodation”. arrest. 31. To equip toilet cubicles at special 38. To provide all temporary holding facilities with doors. facilities with sets of male and female civilian clothing and footwear for 32. To bring the condition of temporary detainees who were apprehended holding facilities and special when wearing their military, police, reception centers for persons under security service, Ministry of Justice, administrative arrest into conformity prosecutorial or other uniform. with the relevant sanitary rules and, specifically, to eliminate excessive 39. To discontinue the operation of humidity and fungus infestation of the temporary holding facilities located cell walls, floors and ceilings. in basements and semi-basements for their incompliance with the domestic 33. To equip temporary holding facilities and international standards. and special reception centers for persons under administrative arrest 40. To equip the offices of investigators with shower rooms with sufficient and defense lawyers in temporary capacity for simultaneous showering detention facilities with of all persons held in the largest cell. videoconferencing means for conducting relevant procedural 34. To arrange for operation of hot lines actions during pre-trial investigation at Internal Affairs bodies and units, and court proceedings in accordance by means of which detained criminal with Articles 232 and 336 of the Code suspects or the administratively of Criminal Procedure of Ukraine. arrested would provide information on the situation with the respect of 41. To equip all police authorities and rights and lawful interests of citizens units with CCTV surveillance systems at special police facilities and in the at the entrances and in hallways and rooms for apprehended and detained rooms for investigative actions, with persons at MIA duty units. archiving of the records for at least one month. 35. To ensure proper temperature regime (never below 18 degrees) in all cells 42. To designate separate rooms for and other premises where prisoners investigative and other actions at all SECTION 3. 181

Internal Affairs bodies and units in the subdivisions (sectors) and their accordance with the requirements of officials on the doors of the offices, Provisions approved by MIA Order No. which would enable identification of 1561 of December 18, 2003. the premises where a detainee was held in instances when such detainee 43. To remove metal cages from duty unit alleges ill-treatment on the part of the premises and rooms for investigative police. actions. 44. To put plates with the names of 3.4. For the State Penitentiary Service of Ukraine:

1. To ensure proper implementation of 3. In order to ensure the respect of the SPSU Action Plan for strengthening human rights and freedoms in of safeguards for the protection of criminal enforcement, to continue rights and freedoms of persons held at targeted efforts aimed at bringing the penitentiary institutions and remand conditions for detained and convicted prisons. prisoners and the level of their health care into conformity with the European 2. To amend the legislation and standards; regulations on the procedure and conditions of detention and • to modernize production facilities at enforcement of criminal sentences penitentiary institutions in order to and, in particular, make prisoners’ work compliant with the safety rules, labor safety standards • to increase the living space standard and relevant sanitary regulations. To for persons taken into custody; ensure fair wages based on workload • to improve the procedure and and health risks. conditions of short-term visits of 4. To ensure consolidation and continuous convicted prisoners; control over full implementation of the • to improve the mechanism of prisoners’ recommendations of the Parliament complaints about actions of the staff of Commissioner for Human Rights given penitentiary institutions and remand in the light of the results of monitoring prisons as well as of investigation of visits to penitentiary institutions and cruel treatment allegations; remand prisons. • to improve the procedures of medical examinations with regard to registration of bodily and other injuries of the convicted and detained prisoners; • to re-subordinate SPSU institutions providing medical assistance to convicted and detained prisoners to the Ministry of Health Care of Ukraine. 182 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

3.5. For the State Border Service of Ukraine:

1. To amend the Regulations on the • a technical possibility for the detainees procedure of holding of individuals to open, on their own, the windows for detained by the State Border Service airing and to regulate the lighting in of Ukraine under administrative the holding premises; proceedings for violation of the • a special room for detainees’ meetings legislation on the state borders of with their nears and defenders, with Ukraine and on suspicion of a criminal safeguards of confidentiality of such offense (effected by Order of SBSU of meetings; June 30, 2004, № 494, and registered with the Ministry of Justice of Ukraine • equipping of holding premises with toilets and washstands with running on July 15, 2004 under № 886/ 9485) in cold and hot water. view of the minimum standards for the treatment of persons taken into custody 2. To determine and implement the as set out in the recommendations standards of material and medical of the Subcommittee on Prevention support of citizens of Ukraine held of Torture of the UN Human Rights at SBS temporary detention facilities Committee and the European and special premises similar to such Committee for Prevention of Torture standards established with regard to (CPT) and in their annual and special foreigners and stateless persons by reports. The said Regulations should, Joint Order of the Ministry of Internal specifically, provide for Affairs of Ukraine, Ministry of Health Care of Ukraine and the State Border • a standard form of written notification of the detained, against their signature Service of Ukraine of April 17, 2012, and in a language they understand, No. 336/268/254, “On the material about their rights, with other useful and medical support of foreigners and information; stateless persons held in temporary facilities for persons illegally staying • the duty of medical staff to exercise in the territory of Ukraine, holding daily control over the cooking of food facilities and special premises”, for the detained and the arrangements registered with the Ministry of Justice for their meals (amount, quality, of Ukraine on May 11, 2012 under No. distribution), to do periodical checks 748/ 21061. of compliance with the requirements of hygiene (cleanliness of clothing 3. To approve a list of disciplinary and bedding, sanitary condition of measures and the procedure and toilets) and to monitor the condition conditions of their application to of heating, lighting and ventilation persons held in SBS custodial settings. in the premises where the detained individuals are held; 4. To regulate, jointly with the Ministry of Infrastructure of Ukraine and • a possibility of electronic ((audio- and administrations of international video-) recording of the questioning airports, the standards with regard to (interrogation) of detainees; the conditions in the transit areas of SECTION 3. 183

international airports for individuals who are denied entry into the territory of Ukraine. 3.6. For the State Migration Service of Ukraine:

1. To amend the Provisions on temporary organizations, etc.); accommodation centers for foreigners • confidentiality of communication and stateless persons illegally staying with lawyers and representatives in Ukraine (approved by Order of MIA of diplomatic missions or consular of Ukraine of October 16, 2007, № offices of the countries of their origin, 390 and registered with the Ministry international organizations and of Justice of Ukraine on November Ukrainian migration authorities; 14, 2007 under No. 1268/ 14535) with regard to • periodical medical examination of individuals held at temporary • immediate written notification of accommodation centers. the newly admitted, in a language they understand, about their rights 2. To approve, by relevant regulations, and freedoms and provision of other • the list of disciplinary measures and information that might help them in the procedure and conditions of prompt adaptation to their custody their application to persons held in (specifically, on the arrangements temporary accommodation centers; for material and daily services, on the leadership and officials of the • the list of items forbidden to foreigners temporary accommodation center, or stateless persons who are held in prosecutor’s office, court, human rights temporary accommodation centers. advocacy groups, with addresses and other contacts of such institutions/ 3.7. For the Ministry of Defense of Ukraine:

In the regulatory sphere: (handcuffs) during their convoying to guardhouses; 1. To amend the Instructions on the procedure and conditions of detention • to allow prisoners to make free use of for military personnel taken into wristwatches and items of personal custody (approved by Order of the hygiene and to regulate on their own Minister of Defense of Ukraine on the lighting and the radio volume in September 26, 2013, No. 656, and their cells; registered with the Ministry of Justice • to equip each cell (room) with a toilet, of Ukraine on October 16, 2013, under a washstand with running cold and No. 1775/ 24307) and, specifically, hot water and with forced mechanical • to prevent ill-treatment of detainees by ventilation; needless application of special means • to determine, by regulation, the useful 184 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

area in each cell (room) as at least 4 1. To take measures, in accordance square meters per person (excluding with the requirements of the Law of the area of the toilet and the area Ukraine “On Democratic Civil Control under items of general use); over the Military Organization and Law Enforcement Bodies of the State” and • to provide proper natural and artificial Art. 25 of the Criminal Enforcement lighting of the cells (rooms); Code of Ukraine, in order to raise the • to equip windows with appliances for level of public participation in the their opening by prisoners, on their correction and re-socialization of the own, for airing purposes; convicted military and to strengthen civic control over the respect of their • to equip exercise yards with rain rights by more active operation of the canopies; relevant supervisory committees with • to replace the rough coating of the bodies of self-government and state walls in the cells (rooms) and exercise administrations. yards with a smooth surface. 2. To implement a uniform mode of 2. To determine, by regulation, the mode notification of the convicted, arrested and extent of security restrictions for and detained military about their conscripted military during psychiatric rights and obligations and the internal examination at military medical procedures and of provision of other institutions in conjunction with their information conducive to their prompt further contractual service. adaptation to the conditions of 3. To bring the provisions of the custody. Instructions on compulsory 3. To arrange for proper dispensary preliminary and periodic psychiatric oversight of the military in custody, examinations at hospitals of the for anti-TB control and for institutional Ministry of Defense and in the Armed measures against HIV/ AIDS. Forces of Ukraine into conformity with 4. To take efficient measures for ensuring the relevant international standards proper level of qualification of the and the Law of Ukraine “On Psychiatric doctors-on-duty, in order to enable Assistance”. the prisoners to exercise their right to In the sphere of administrative and material health care. support: 3.8. For the State Court Administration of Ukraine:

In the regulatory sphere: specifically: To initiate amendments to the building • to equip courthouses with separate codes of Ukraine (namely, Buildings and rooms for confidential communication Enclosures. Courts. DBN B.2.2-26:2010) in of criminal defendants/ convicts with order to bring them into conformity with their lawyers; the modern international standards, and, • to provide for at least 4 square meters SECTION 3. 185

of floor area per person in the premises convicts located in basement and for criminal defendants/ convicts semi-basement areas; (excluding the area of the toilet and • to implement the requirements of of items of general use) and at least 9 the current building rules with regard cubic meters of space; to construction of separate toilets for • to equip the premises for criminal criminal defendants/ convicts in the defendants/ convicts with forced courthouses; mechanical ventilation; • to maintain proper sanitary conditions • to provide for natural and artificial in the courthouse premises and toilets lighting adequate for proper reading for criminal defendants and convicts. of documents (case files) by persons 2. To take action to ensure proper held at such premises. conditions in the premises for In the sphere of administrative and material criminal defendants and convicts at support: Holosiyivsky District Court of Kyiv, Court of Appeal of Kherson Region and 1. To take measures in order to Primorsky District Court of Odessa. • gradually discontinue the use of the premises for criminal defendants/ 3.9. For the Ministry of Education and Science of Ukraine:

1. To create the conditions for and toilets frequently lack partitions. harmonious development of the 3. To ensure the exercise of the right personality of the child and its of children with scoliosis from rural preparation for independent life. Most areas to study at special institutions visited institutions do not provide the (health care boarding schools), as conditions for satisfaction of children’s in some instances such institutions individual needs. Excessively regulated with swimming pools and five daily and cumbersome routines deprive meals are used as top grade boarding the children of sufficient free time for schools for children from the city while satisfaction of personal needs and rural children have no opportunity to rest at own discretion. Institutional receive the required services. residents do not develop self-reliance skills and are not adapted to life in the 4. To provide health care boarding society. schools of general education with new medical equipment of proper quality 2. To ensure the right to privacy and and with sport equipment for exercise to personal space. In spite of some therapy, in accordance with p. 1.1.14 attempts at creating a family-like of the Law of Ukraine “On The National atmosphere the environment in Action Plan for Implementation of the the institutional residences remains UN Convention on the Rights of the formalistic. There are practically no Child for the Period until 2016”. areas for a child to withdraw to and spend some time alone. Shower rooms 5. To provide the residents of special 186 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

boarding schools with enough children’s rights, and to grant access to textbooks adapted for the children independent sources of legal aid. with special needs, to make use 9. To draft, jointly with the Ministry of innovational development of Health Care, a model personnel technologies and to facilitate schedule for health care boarding implementation of modern curricula/ schools. programs and methodological guides for teachers of special schools for 10. 10. To resolve the issue of payment, children with mental disorders. at the expense of the public budget, for advanced professional training of 6. To restructure the network of the health care staff of educational social rehabilitation institutions in institutions. accordance with the international best practices for juvenile delinquents and 11. To satisfy the needs of the institutions in view of the provisions of the National in medicines, bandaging, detergents Action Plan for Implementation of the and means of hygiene. UN Convention on the Rights of the 12. To seek allocation of funds for capital Child for the Period until 2016. repair of the premises of the institutions, 7. To amend the model provisions including, specifically, dormitories, (bylaws) for review of the list of shower rooms, toilets, assembly halls, indications/ contraindications with gyms, laundry rooms and kitchens/ regard to children’s custody at canteens. To facilitate replacement of boarding institutions. old windows and removal of window bars (except premises where such bars 8. To ensure the possibilities for the should be installed in accordance with exercise by children of the rights the existing regulations). to freedom of expression and to information, by making accessible 13. To consolidate and disseminate, jointly the procedure of lodging complaints with the Ministry of Health Care, the to the care and guardianship bodies, experience of the use of different prosecutor’s offices and other public methodologies by doctors who work authorities with the powers to protect with the children at MES institutions. 3.10. For the Ministry of Social Policies of Ukraine:

In the regulatory sphere: Ukraine “On Psychiatric Assistance”, the Procedures for physical restraint and 1. To initiate the development of sanitary involuntary seclusion of persons with standards and rules for the operation, mental disorders in custody of social maintenance and routine of the security institutions (neuropsychiatric institutional residences of the social and childcare residences). security system. 3. To expedite the adoption of the 2. To regulate, jointly with the Ministry of Model Provisions on neuropsychiatric Health Care and in furtherance of the residences and of amendments to requirements of Art. 8 of the Law of the Model Provisions on the homes SECTION 3. 187

for the elderly and disabled as well as of Health Care of Ukraine” MHC is the to the Model Provisions on childcare principal body in the system of central residences in order to bring them executive authorities with regard to into conformity with the international development and implementation and national standards and principles of the national policy in the sphere of care for the elderly, people with of health care, it is recommended to disabilities and children. take, jointly with MHC, the following actions: 4. To develop a regulation for implementation of Art. 78 of the Civil • to make sure that MSP residences Code of Ukraine with regard to the maintain and use primary medical procedure of appointment of assistants documentation according to the to capable individuals who for health approved rules; reasons are not able to independently • to ensure case-specific development exercise their rights and fulfill their and implementation of individual obligations; to regulate the rights and rehabilitation programs for the duties of such assistants. disabled adults and children with 5. To establish uniform regulatory disabilities; requirements for internal institutional • to establish cooperation between MSP documentation (records of visitors, residences and specialized mental duty shift loggers, injury registers, health care institutions (in-patient registers of residents’ outgoing and and out-patient psychiatric facilities, incoming correspondence). psychiatric units of emergency 6. To develop the procedure for personal hospitals, etc.); spending (25 % of the pension) of • to conduct annual medical incapable residents and the list of examination of in-patients at the materials and services to buy at own territorial centers of social services by expense. medical specialists. 7. To draft Model in-house rules for 2. To adopt a systemic approach to residences of specific type. rehabilitation of residents with 8. To safeguard the respect of the right disabilities: to maternity and paternity for people • to develop guidelines on occupational with disabilities residing in state therapy in the residences; institutions. • to launch exercise (physical) therapy 9. To define, by regulation, the and daily/ social rehabilitation indications and contraindications for programs (basic skills learning, daily institutionalization of the elderly and assistance services, occupational disabled at MSP residences. therapy); In the sphere of administrative and material • to equip playgrounds, gyms , etc.; support: • to facilitate skill-sharing between 1. Since under the Edict of the President rehabilitation institutions and MSP of Ukraine of April 13, 2011, № 467/ residences in different areas; 2011 “On Provisions on the Ministry 188 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• to provide institutional residences • ensure free access of the residents to with guidebooks on rehabilitation fresh air and drinking water; processes for the disabled and others. • install partitions between toilets 3. To take action in order to: and showers in sanitary rooms and to furnish such areas with benches, • provide the residents with living shelves and hooks for detergents and area in accordance with the effective personal items. standards; 4. To expedite removal of bars from • equip funeral rooms; windows and corridor partitions. 3.11. For the Ministry of Health Care of Ukraine:

In the regulatory sphere: psychiatric examination units, of criminal suspects and persons who 1. To develop model regulations undergo such examination in civil on (bylaws of) psychiatric proceedings. (neuropsychiatric) hospitals. 7. To ensure adequate funding of the In the sphere of administrative and material health care institutions that provide support: psychiatric care (patients’ nutrition, 1. To ensure implementation of the medical services, medicines, new Concept of improvement of specialized medical equipment, capital repair and psychiatric assistance to children renovations at hospitals and other (approved by MHC Order of August urgent needs). 30, 2012, No. 668) by differentiation of 8. To ensure the right to personal space at mental health care for children and for neuropsychiatric hospitals, specifically adults. by decreasing the number of beds in 2. To ensure undeviating compliance rooms. with clinical treatment protocols 9. To equip the premises of psychiatric with regard to duration of in-patient hospitals with forced and natural treatment. ventilation, to ensure adequate 3. To take measures to fill all positions lighting in rooms, to remove bars, to of staff psychiatrists at psychiatric install partitions in toilets, etc. hospitals. 10. To take measures for free access of 4. To ensure adequate level of training for patients to fresh air, according to the paramedics providing mental health daily routine. care services at psychiatric hospitals. 11. To properly equip outdoor exercise 5. To ensure the custody of psychiatric areas of psychiatric facilities, including patients with MBT- and MBT+ forensic psychiatric examination units tuberculosis in accordance with the at neuropsychiatric hospitals. current epidemiological standards. 12. To ensure proper notification of 6. To exclude joint holding, at forensic patients about their rights. ANNEX 1 189

ANNEX 1 Definitions of custodial settings subordinate to different bodies of executive power Ministry of Internal Affairs of Ukraine: Bodies of Internal Affairs (police) - law and organizations on the need to enforcement bodies of executive power eliminate the causes and conditions involved in performing the functions of the that contribute to offenses and state to ensure law and order, protection organize public awareness campaigns against unlawful intentions with regard on protection of public order and to citizens’ life, health, rights, freedoms, combating of crime. property, the environment and the 4. To protect and maintain the public interests of the society and the state. order. Bodies of Internal Affairs have Bodies of Internal Affairs include the proper authority with regard to Ministry of Internal Affairs of Ukraine, protection of law and order in the MIA Main Departments and Departments streets, squares, parks and other public in the Autonomous Republic of Crimea, places and in the area of control over Regions, the Cities of Kyiv and Sevastoplol, compliance with the rules that regulate and on transport, their city, district and the stay of foreigners and stateless line units (departments), subdivisions, persons in Ukraine. institutions, educational and research-and- 5. To identify and investigate crimes. development institutions that make up the single system of MIA of Ukraine. 6. To protect the rights and lawful interests of citizens, enterprises, institutions and The main task of the bodies of Internal organizations regardless of their form Affairs are: of ownership. 1. To ensure personal security of citizens Premises for apprehended and detained and protection of their rights, freedoms persons of the duty units of the bodies and legitimate interests. of Internal Affairs (police) are the special 2. To implement the state policy against premises at district, city and line police crime, by means of preventive, authorities designated for temporary detective and search measures for holding of persons apprehended/ detained prevention, identification, detection for administrative and criminal offenses. and discontinuation of crime. Temporary holding facilities are special 3. To prevent crime; MIA and its local police facilities to hold: authorities make submissions to • persons apprehended on suspicion of the central and local executive crime; bodies, enterprises, institutions 190 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• detained persons, for up to 3 days institutions of the Ministry of Health Care of (if their custody in a remand prison Ukraine. over this period is not possible due Special vehicles and special railcars of to remoteness or absence of proper ST type serve to move persons who are means for transportation such persons detained, taken into custody and convicted. may be held at such facilities for no more than 10 days); Security Service of Ukraine: • criminal defendants (convicts) who Regional bodies of the Security Service were brought from remand prisons and of Ukraine are the special law enforcement penitentiary institutions in connection authorities involved in performing with court hearings or participation in the functions of the state to ensure investigative actions; prevention, identification, detection and discontinuation of crimes against peace • persons arrested under administrative and security of humankind, terrorism, proceedings, in the absence of a special corruption and organized crime in the reception center for such arrestees. spheres of administration and economy Special reception centers for persons and other illegal activities that directly subjected to administrative arrest are threaten the vital interests of Ukraine. police institutions for custody of persons The specially designated areas for under administrative arrest. temporary detention (temporary holding Reception centers for minors are special facilities) are SSU special institutions to police institutions for temporary custody of hold: certain categories of juveniles that have to • persons apprehended on suspicion of be confined. crime; Reception centers for minors serve for • detained persons, for up to 3 days holding of minors aged from 11 to 18 who: (if their custody in a remand prison • committed, when aged from eleven to over this period is not possible due fourteen, socially dangerous actions, if to remoteness or absence of proper there is an immediate need to confine means for transportation such persons them (on a decision of an inquest may be held at such facilities for no authority, investigator or prosecutor or more than 10 days); under a court order); • criminal defendants (convicts) who • are by a court ruling referred to special were brought from remand prisons and institutions for juveniles; penitentiary institutions in connection with court hearings or participation in • intentionally left the special investigative actions. educational institution where they were earlier held. Custodial settings of the tax police: Secure wards at medical institutions The regional tax police authorities are are designated for in-patient treatment of the law enforcement bodies involved in detainees and persons taken into custody, performing the functions of the state to at district (city) hospitals, wards (hospitals) prevent criminal and other offenses in the for infectious patients and anti-tuberculosis budgeting and taxation spheres, to detect, ANNEX 1 191 investigate and proceed in the cases on correctional facilities in accordance with administrative violations, to search for the procedure specified in Art. 147 of the persons fugitive from investigation and Criminal Enforcement Code; justice after criminal and other offenses Penitentiaries with medium level of security in the budgeting and taxation spheres, to hold women sentenced to life imprisonment prevent and combat corruption in the state and women whose sentence of death authorities and to identify such offenses, to or life imprisonment was commuted to safeguard the security of employees of the imprisonment for a definite period of time tax authorities and to protect them against under the procedures of pardon or amnesty, unlawful acts in their line of duty. and men first sentenced to imprisonment State Penitentiary Service of Ukraine: for grave and especially grave crimes, men who previously served prison sentences, Remand prisons are penitentiary facilities men who committed an intentional to hold persons restrained by custody at crime of medium gravity during their any stage of criminal proceedings (pending prison sentence and convicts transferred trial, after the verdict before transfer to from maximum security penitentiaries in an arrest house, correctional center or accordance with the procedure specified in penitentiary institution), except military the Criminal Enforcement Code; personnel who are held at guardhouses. Penitentiaries with maximum level of security Penitentiary institutions enforce hold men sentenced to life imprisonment, deprivation of liberty and life imprisonment men whose death sentence was commuted sentences. to life imprisonment, men whose death Convicted prisoners serve their sentences or life imprisonment sentence was in the following penitentiary institutions: commuted to imprisonment for a definite period of time under the procedure of Penitentiaries with minimum level of security pardon or amnesty, men convicted for and lenient conditions hold individuals first premeditated especially grave crimes, sentenced to prison for crimes committed men convicted for premeditated grave or by negligence, for crimes of minor and especially grave crimes committed during medium gravity as well as prisoners their prison sentence and men transferred transferred from penitentiaries with from penitentiaries with medium level of minimum level of security and general security in accordance with the procedure conditions and from penitentiaries of specified in the Criminal Enforcement medium level of security in accordance Code. with the procedure specified in the Criminal Enforcement Code; Correctional centers enforce punishments of restriction of liberty and hold persons Penitentiaries with minimum level of convicted for offenses of minor and security and general conditions hold men medium gravity as well as convicted first sentenced to prison for crimes of prisoners punished by such sentence in minor and medium gravity and women accordance with Articles 82 and 389 of the sentenced for crimes of minor and medium Criminal Code of Ukraine (2341-14). gravity and for grave and especially grave crimes. Such penitentiaries may also hold 1. Sentences of restriction of liberty are convicted prisoners transferred from served at correctional centers that are 192 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

criminal enforcement institutions of grave and especially grave crimes the the open type. correctional centers also enforce the sentences of this category of convicted 2. Correctional centers operate on the prisoners. basis of the Criminal Enforcement Code of Ukraine, Provisions on internal Arrest houses are criminal enforcement procedures of penitentiary institutions, institutions where prisoners serve other regulations and Instructions their arrest sentences. Since this type on the procedure and conditions of punishment implies confinement for enforcement of the sentences (according to Art. 60 of the Criminal of restriction of liberty approved by Code of Ukraine), arrest houses provide the State Department of Ukraine the conditions for physical isolation of for Enforcement of Punishments prisoners from the outer world and others. on February 16, 2005, No. 27 and The conditions in the arrest houses are to registered with the Ministry of Justice meet the requirements of the regime for of Ukraine on March 5, 2005, No. 290/ such sentences and to ensure separate 10570). detention of certain categories of prisoners, with proper control and appropriate 3. The tasks of the correctional centers material, technical and other conditions. are: The requirements to the layouts and • to organize the enforcement of the internal arrangements at arrests houses sentences of restriction of liberty are established by law. Arrest houses hold and to ensure optimal conditions adults as well as juveniles who were 16 for correction and re-socialization of years old at the moment of pronouncement convicts; of their sentences and convicted for crimes • to prevent new crimes on the part of of minor gravity. the convicts; State Border Service of Ukraine: • to ensure lawfulness and order and Temporary detention facilities are the security of convicts, staff, visiting intended to hold offenders detained officials and other visitors; under administrative procedures and on • to involve convicts into socially useful suspicion of a crime by a decision of the work with regard to their health, investigator and in accordance with the general development and professional procedure specified in the Code of Criminal levels; Procedure of Ukraine. Such facilities operate in the areas of location of the state • to ensure proper health care of border control authorities (border units, convicts; separate checkpoint “Kyiv”). • to perform detective and retrieval Special premises are arranged at the activities in accordance with the units directly involved in protection of the legislation. state borders (border control units) and 4. It should be noted that since restriction are designated for temporary holding of of liberty may, in accordance with offenders detained under administrative Articles 69 and 82 of the Criminal procedures. Code of Ukraine, be imposed for SECTION 2. 193

State Migration Service of Ukraine: administrative units of the Armed Forces of Ukraine where citizens of Ukraine do their Temporary accommodation centers for active military service. foreigners and stateless persons are public institutions designated for temporary State Court Administration of Ukraine: custody of foreigners and stateless persons The facilities for criminal defendants/ who are illegally staying in Ukraine and are convicts in courts are cells (rooms) subject to deportation. equipped at appellate and local courts The Ministry of Defense of Ukraine: for temporary holding of the defendants/ convicts for their participation in court The disciplinary battalion is the custodial hearings or familiarization their case files. setting for the military sentenced to detention at such battalion. Ministry of Education and Science: Guardhouses are custodial settings for Children’s homes are educational preliminary detention of the military and institution for development, upbringing, enforcement of punishments by arrest. education and social adaptation of orphans and children with no parental care, of Such institutions hold the military who: preschool and school age. • serve arrest sentences; Boarding schools of general education • are detained pending a decision by for orphans and children deprived court; of parental care are institutions for • are restrained by custody during upbringing, education and social temporary military service (including adaptation of orphans and children persons subject to enlistment); deprived of parental care. • are referred to the disciplinary unit Special boarding schools of general upon conviction; education for orphans and children deprived of parental care are institutions • are detained for violation of military for orphans and children deprived of discipline in an intoxicated state parental care who require correction of (until sobering) or without ID (until physical and/ or mental development. identification). Boarding schools of general education Rooms for temporarily detained are secondary schools of I-II, I-III tiers that personnel are equipped in the buildings grant the right to secondary education to (premises) of the command and control the children in need of social assistance. bodies of the Policing Service of the Armed Forces of Ukraine that do not have own Health care boarding schools of general guardhouses. education are secondary schools of I-II, I-III tiers with relevant medical profile that Secure wards at medical institutions of grant the right to secondary education to the Armed Forces of Ukraine are designated the children in need of lengthy treatment for treatment of the ill military who were and rehabilitation. convicted, detained or taken into custody. Special boarding schools of general Military units are organizationally education are secondary schools that independent combat, training and provide a certain level of education, 194 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

vocational guidance and training, regime and the conditions of upbringing correction and development activities for and custody are determined by special children in need of correction of physical daily routines, distinctive educational and/ or mental development, and full work system, continuous oversight and accommodation and services at the pedagogical control, and exclusion of exit expense of the state. without specially authorized personnel, in accordance with the procedures Schools of general education and social established by MES. rehabilitation are public educational institutions under MES for children who Education and rehabilitation centers need special conditions of upbringing. Such are establishments of general education schools admit children (residents) who are the purpose of which is to enable the referred by courts for socially dangerous children with special educational needs offenses committed at the age from 11 caused by development deficiencies to 14. Such children reside at the schools to exercise their right to education and within the term established by court but no to integrate them into the society by more than three years. The schools create comprehensive rehabilitation measures proper conditions for their life, education aimed at restoration of health, attainment and upbringing, raise their educational and of a proper level of education, appropriate cultural level, develop individual abilities development and correction of deviations. and inclinations, provide necessary health Such centers admit children in adversity, care, social rehabilitation, legal awareness or referred by childcare homes, or without and social protection, on the basis of a family care, or victims of child abuse in need continuous pedagogical regime. Such of social and psychological assistance. regime and the conditions of upbringing Ministry of Social Policies: and custody are determined by special daily routines, distinctive educational Residences for the elderly and disabled, work system, continuous oversight and geriatric residences and residences for pedagogical control, and controlled exit veterans of war and labor are general in- without specially authorized personnel, patient social and health care facilities for in accordance with the procedures permanent accommodation of the elderly, established by MES. disabled and war and labor veterans who require continuous care, housing and Vocational training schools of social medical support. rehabilitation are public vocational training institutions under MES for Such residences admit, for accommodation children who need special conditions of at public cost, the elderly of retirement upbringing. A specific condition for such age and the disabled of the first and schools is the same gender of its residents, second categories and over 18 who require the number of which may not exceed continuous care, housing and medical 200. Such schools enable children who support, have no medical contraindications need special conditions of upbringing to regarding accommodation at a residence exercise their right to vocational training and have no able-bodied relatives obliged and working occupation, specialty and to take care of them under the law. qualifications according to own interest, Special residences are social and medical abilities and state of health. The internal facilities for permanent accommodation ANNEX 1 195 of the released elderly and disabled of the In-patient units of the territorial first and second categories who require centers are established for permanent or continuous care, housing, medical support temporary accommodation, at public cost, and rehabilitation services. of no less than 10 and no more than 50 single elderly persons, or disabled persons Such residences admit, at no cost, the over 18, or ill persons of working age but elderly of retirement age and the disabled not yet recognized as disabled (for no more of the first and second categories and over than 4 months) if such persons, according 18 who were released from other custodial to the opinion of s special commission of settings, require care, housing and medical a health care institution, are unable to take support and have no able-bodied relatives care of themselves and require continuous obliged to take care of them under the law. care and assistance, as well as social, The said residences may also admit, for medical and other daily services. The above a fee, individuals who have able-bodied indicated limitations as to the maximum children or other relatives obliged to take number of such in-patients in a unit will care of them under the law. come into effect as of January 1, 2015. Neuropsychiatric residences are in- Shelters for children are social security patient social and health care facilities for institutions established for temporary permanent accommodation of persons accommodation of children aged from 3 to with neuropsychiatric disorders who 18. require continuous care, housing and Such institutions admit children who got medical support. lost, or were abandoned by their parents Such residences admit, for accommodation or carers, or those who are beggaring and at public cost, the mentally ill of retirement the location of whose parents is unknown, age and the disabled of the first and or those without parental or foster care or second categories with mental disorders guardianship, or those who left their family and over 18 who require continuous or school, or those taken by the police units care, housing and medical support, have for the matters of children from families no medical contraindications regarding living in which threatened children’s life accommodation at a residence and have and health, or those who lost contact with no able-bodied relatives obliged to take their parents during natural disasters, care of them under the law. accidents, industrial catastrophes or other emergencies, or those with no permanent Childcare residences are social and residence and means of sustenance, or health care facilities for permanent foundlings, or vagrant children, or those accommodation of children from 4 to who on their own requested help from the 18 (with establishment, if necessary, administration of an institution, or those of a unit for those from 18 to 35) with who fully served their custodial sentence. physical or mental retardation or with mental disorders who need continuous Centers for social and psychological care, housing, medical support, education rehabilitation of children are social and rehabilitation services. Such homes security institutions established for long- function as structural subdivisions of the term (stationary) or day care of children above described residences. in adversity aged from 3 to 18 years and for comprehensive social, psychological, 196 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

educational, medical, legal and other nervous system, including cerebral assistance thereto. palsy without psychic disorders; Such centers admit children who are in • with dysfunctions of the adverse circumstances, or are transferred musculoskeletal system and other from shelters for children, or remained out physical defects of development of familial environment, or became victims without psychic disorders; of abuse and need social and psychological • with hearing and speech impairments; support. • with speech disorders; Ministry of Health Care: • with sight disorders (blind or partially Psychiatric institutions are specialized sighted); health care facilities involved in provision of psychiatric assistance. • TB-infected children, children with minor and fading forms of tuberculosis, Nursing homes for children are municipal and HIV-infected children. health care facilities for medical and social protection of orphans, children without parental care and children with physical and mental development disorders. Nursing homes include: 1. general nursing homes - for medical and social protection of healthy orphans (I - II health grades) and children without parental care aged from 0 to 3 years. Such homes may also accommodate children with family when for sound grounds (illness of a breadwinner, his/ her long absence, away training, etc.) their life and growth within family is impossible, as well as children with retarded mental and physical development as a result of adverse upbringing conditions; 2. specialized nursing homes - for medical and social protection of orphans, children without parental care and children with physical and mental development disorders (III - V health grades) aged from 0 to 4 years, as well as of children: • with organic lesions of the nervous system and psychic disorders; • with organic lesions of the central ANNEX 2 197

ANNEX 2 Awareness and training activities

Dates(s) Location Organizer Event Audience March 15– Kyiv All-Ukrainian NGO Training “Civic monitoring NGO activists 17, 2013 “Association of of the operation of law Ukrainian monitors enforcement officials” of the respect of human rights in the operation of law enforcement authorities” (AUMRHR) March 30 Lviv AUMRHR Training “Monitoring NGO activists – April 1, of custodial settings of 2013 All-Ukrainian the ministry of Internal NGO “Association Affairs in the framework of independent of implementation of monitors of “Ombudsman +” NPM in custodial settings” Ukraine” (AIM) April 18 Zhytomyr Ukrainian research Conference “The priorities of Psychiatrists, -19, 2013 and development social and forensic psychiatry medical directors institute of social in the 21st century” ” of psychiatric and forensic institutions, psychiatry and journalists addiction studies under Ministry of Health Care of Ukraine May 17, Kyiv NGO “Center of Press conference “Abandoned Ukrainian mass 2013 human rights children: Behind the closed media information” doors of boarding schools” (CHRI),

AIM,

Charity Foundation “Development” with the support of International Renaissance Foundation (IRF)

May 17–19, Chernihiv AUMRHR Training “Civic monitoring NGO activists 2013 of the operation of law enforcement officials” 198 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

June 13, Kyiv NGO “Kharkiv Presentation of the results Ukrainian mass 2013 Institute of social of the study “Torture and media research” (KhISR) ill-treatment of delinquent children in Ukraine” Civic organization “Kharkiv human rights group”

CHRI with the support of UNICEF June 25, Kyiv CHRI Press conference “Initial Ukrainian mass 2013 results of NPM operation: media KhISR with the What happens behind the support of IRF closed doors?” July 16, Kyiv AIM with the Seminar “Organizing and City and district 2013 support of conducting inspections of prosecutors Prosecutor compliance with the law and heads of General’s Office and prisoners’ constitutional compliance rights, ensuring material sections of the and medical conditions of prosecution custody and prevention authorities of of torture and inhuman or Kyiv, Cherkassy, degrading treatment or Chernivtsy and punishment” Khmelnytsky Regions July 19 – Kyiv KhISR with the Coordination meeting Staff of NPM 21, 2013 support of IRF “One year of NPM Department with implementation in Ukraine: the Ukrainian Initial outcomes and further Parliament prospects” Commissioner for Human Rights;

NPM civic monitors July 30, Kharkiv AIM with the Seminar “Organizing and City and district 2013 support of conducting inspections of prosecutors Prosecutor compliance with the law and heads of General’s Office and prisoners’ constitutional compliance rights, ensuring material sections of the and medical conditions of prosecution custody and prevention authorities of of torture and inhuman or Dnipropetrovsk, degrading treatment or Poltava, Soumy punishment” and Kharkiv Regions August 1 – Ivano- AUMRHR Training “Monitoring NGO activists 3, 2013 Frankivsk of custodial settings AIM in the framework of implementation of “Ombudsman +” NPM in Ukraine” SECTION 2. 199

September Kyiv Secretariat of Round table discussion Representatives 18, 2013 the Ukrainian “Correspondence of Prosecutor Parliament safeguards for arrested and General’s Office, Commissioner for convicted prisoners” Ministry of Human Rights Justice and State Penitentiary Service of Ukraine September Alushta KhISR Two trainings on Volunteers from 16 - 25, (Crimea) “Monitoring of cruel all over Ukraine 2013 AIM with the treatment in custodial support of settings” OSCE Project Coordinator in Ukraine October 4 – Alushta CHRI Info workshop for journalists Ukrainian 6, 2013 (Crimea) “Voices from behind the journalists KhISR closed doors: Coverage of human rights issues in custodial settings” AIM with the support of IRF October 7 – Alushta KhISR, with Two trainings on “Standards NGO activists 14, 2013 (Crimea) the support of of children’s treatment Democracy Grants as efficient method of Program of the prevention of torture US Embassy to and cruel treatment in Ukraine and in Ukrainian custodial settings cooperation with in the framework of NPM UNICEF implementation” October 25 Kyiv AUNRHR Training on “Monitoring NGO activists – 27, 2013 of custodial settings under MIA and of remand prisons under SPSU in the framework of implementation of “Ombudsman +” NPM in Ukraine” November Lviv Association of Third cycle of “Lviv meetings Psychiatrists, 15 -16, psychiatrists of on psychiatry” conference journalists, 2013 Ukraine medical doctors, psychologists, theosophists, philosophers November Irpin, Kyiv KhISR Working meeting and Staff of NPM 16, 2013 Region seminar “Arrangements for Department with visits and coordination of the Ukrainian efforts of civic activists and Parliament NPM Department staff” Commissioner for Human Rights 200 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

November Hlibobka, CHRI Info workshop for journalists Ukrainian 23 - 24, Kyiv “Voices from behind the journalists 2013 Region KhISR closed doors: Coverage of human rights issues in custodial settings” AIM with the support of IRF November Kyiv Secretariat of Round table on “Minimum Representatives 28, 2013 the Ukrainian standards of proper of central Parliament treatment: Analysis of executive Commissioner for domestic and international authorities Human Rights experience” December Kyiv PRI International conference NGO activists, 2 – 3, 2013 “NPM in Ukraine; Ukrainian AUMRHR Accomplishments and journalists prospects” AIM

December Kyiv Ministry of Health On-line discussion Medical directors 4, 2013 Care of Ukraine “Protection of the rights of territorial of persons with mental psychiatric disorders, regulation of institutions psychiatric care and the issues of social psychiatry and human rights respect in psychiatric institutions” December Irpin, Kyiv KhISR Training on “Minimum Staff of NPM 6 – 7, 2013 Region standards of proper treatment Department with in the custodial settings of the the Ukrainian State Penitentiary Service of Parliament Ukraine” Commissioner for Human Rights;

Heads of security and compliance sections of SPSU Departments in the City of Kyiv and Kyiv, Chernihiv, Odessa, Khmelnytsky, Vinnytsya, Donetsk, Kirovohrad, Mylolayiv, Soumy, Zhytomyr, Dnipropetrovsk, Luhansk and Kharkiv Regions;

Representatives of SPSU Head Office SECTION 2. 201

December 15 Kyiv NGO M’ART and Human rights training 11 staffers of NPM – 19, 2013 “Understanding for participants of NPM Department with Human Rights monitoring visits the Ukrainian Program”, with the Parliament support of IRF Commissioner for Human Rights and 7 civic monitors December Kyiv Ministry of Health Meeting of the interagency Educators, 20, 2013 Care of Ukraine coordination council on medics, media improvement of psychiatric experts, social assistance in Ukraine, with workers, law a focus on interaction of enforcement, different agencies in the representatives of framework of the draft MoJ, etc. concept for the National Program of development of mental health care in Ukraine for the period until 2020 December Kharkiv KhISR Meeting and training on Directors of 25 - 26, “Minimum standards of institutional 2013 custody at social security residences and institutions” staffers of the Department of social security of Kharkiv Regional Administration