UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS

MONITORING PLACES OF DETENTION IN UKRAINE

State of Implementation of the National Preventive Mechanism 2014 REPORT

Kyiv - 2015

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CONTENTS

INTRODUCTION...... 4 CHAPTER 1. MONITORING OBSERVANCE OF HUMAN RIGHTS AND FREEDOMS DURING THE REVOLUTION OF DIGNITY...... 7 1.1. Violations of the right to life...... 7 1.2. Torture and cruel treatment...... 8 1.3. Violations of the right to medical assistance...... 10 1.4. Violations of the right to defense...... 11 1.5. Violations of children’s’ rights and freedoms...... 12 1.6. State of response to the acts of Ukrainian Parliament Commissioner for Human Rights by the prosecution authorities and the MIA...... 13 CHAPTER 2. MONITORING PLACES OF DETENTION IN THE ZONE OF THE ANTI- TERRORIST OPERATION IN EASTERN UKRAINE...... 17 CHAPTER 3. KEY PERFORMANCE INDICATORS FOR THE NATIONAL PREVENTIVE MECHANISM IN UKRAINE IN 2014...... 25 3.1. Number and typology of places of detention in Ukraine. Dynamics of monitoring visits during 2012-2014...... 25 3.2. The role of the public in NPM implementation in Ukraine...... 33 3.2. Activities of regional representatives and regional public relations coordinators of the Ukrainian Parliament Commissioner for Human Rights in the field of monitoring places of detention...... 38 CHAPTER 4. MONITORING PLACES OF DETENTION: FINDINGS, BY MINISTRIES AND AGENCIES...... 41 4.1. Results of monitoring of institutions of the Ministry of Internal Affairs of Ukraine...... 41 Overview of places of detention subordinate to the Ministry...... 41 Statistics on visits to places of detention of the MIA in 2014...... 43 Violations and shortcomings identified during monitoring visits to places of detention under the MIA of Ukraine...... 45 Shortcomings in Ukrainian legislation in relation to prevention of torture and other forms of ill-treatment...... 96 Implementation of the Commissioner’s recommendations following visits to places of detention of the MIA of Ukraine ...... 101 4.2. Results of monitoring of institutions of the State Penitentiary Service of Ukraine...... 114 4.3. Results of monitoring of institutions of the State Border Guard Service...... 141 4.4. Results of monitoring of institutions of the State Migration Service...... 145 4.5. Results of monitoring of institutions of the Ministry of Defense...... 151 4.6. Results of monitoring of institutions of the State Court Administration of Ukraine...... 156 4.7. Results of monitoring of institutions of the Ministry of Education and Science of Ukraine...... 161 4.8. Results of monitoring of institutions of the Ministry of Social Policy of Ukraine...... 168 4.9. Results of monitoring of institutions of the Ministry of Health of Ukraine...... 192 CHAPTER 5. Recommendations for improving observance of human rights based on monitoring results in 2014...... 207 5.1. For Verkhovna Rada (Parliament) of Ukraine...... 207 5.2. For the Cabinet of Ministers of Ukraine...... 209 5.3. For the Office of the Prosecutor General of Ukraine...... 210 5.4. Specific recommendations for ministries and agencies...... 210 Annex 1...... 226 Annex 2...... 236 SECTION 1. 5

INTRODUCTION

The past year has become a true test for Commissioner. The aim of the submission our country. The Revolution of Dignity, was to call for consideration of initiating occupation of Crimea, the start of hostilities proceedings into crimes against humanity in Eastern Ukraine, and spread of terrorist committed during the Revolution of threat across the country created new Dignity. In fact, the Commissioner’s report challenges for the national preventive was the first official document with a mechanism that had to adapt quickly in systemized account of all human rights rapidly changing environment. violations that took place during the Revolution of Dignity. For instance, during the Revolution of Dignity, the NPM made it possible to In addition, all materials of proceedings, obtain up-to-date information about the including correspondence of the fate of Maidan activists subjected to mass Commissioner for Human Rights with the detentions by law enforcement officials. In Office of the Prosecutor General and the close cooperation with the Department of Ministry of Internal Affairs on the matter Special Proceedings of the Secretariat of of investigation of human rights violations, the Ukrainian Parliament Commissioner for were submitted to the International Human Rights, representatives of the NPM Advisory Panel (IAP) on Ukraine of the Department were performing functions Council of Europe. The International of urgent response regularly verifying Advisory Panel was constituted by the information on human rights violations Secretary General of the Council of Europe in different institution, responding to to oversee the investigations into the concrete complaints about torture and ill- violent incidents which took place in treatment. The first chapter of the Report Ukraine during Maidan protests from 30 describes identified violations and acts November 2013 to 21 February 2014. In of response of the Commissioner. An in- his letter to the Commissioner for Human depth account is presented in the Special Rights, the IAP chairman and the former Report of the Commissioner for Human President of the European Court of Human Rights titled “Violations of Human Rights in Rights commended the expert level of Ukraine during events of November 2013 – materials collected in the framework of February 2014”. the Commissioner’s proceedings, as well as expressed gratitude for support to Importantly, materials of the Special Report the investigation of violations during the were used in preparation of submission to Revolution of Dignity. the International Criminal Court in The Hague by nongovernmental organizations Occupation of the country’s territory and in cooperation with the Secretariat of the subsequent active hostilities at Donbas called for immediate measures for the various places of detention as monitors protection of life and health of persons together with the staff of the Secretariat in detention facilities in the area of an of the Commissioner or with the purpose antiterrorist operation. Based on the of verifying specific information on findings of more than 20 monitoring human rights violations. However, given visits, the Commissioner for Human an extremely large number of places Rights sent acts of response to the Prime of detention and the subsequent need Minister of Ukraine, heads of central for increase in regularity and number of executive bodies, Donetsk and Luhansk monitoring visits, in 2014 the Commissioner state regional administrations requiring made a decision on vesting regional immediate evacuation of social protection coordinators with the right to conduct institutions, education and healthcare independent visits to places of detention establishments, as well as penitentiaries, to with public monitors who had undergone other safe regions of the country. Chapter appropriate training and received the two of the Report reflects the response to Commissioner’s assignment. Commissioner’s submissions. I would like thank our international partners Chapters three and four are dedicated to for their remarkable efforts to support and general indices of the NPM performance develop the national preventive mechanism in 2014, as well as the detailed account of during this extremely difficult time for violations of human rights and freedoms our country, in particular: International identified during monitoring visits to Renaissance Foundation – for support and places of detention subordinate to different development of the network of public ministries and agencies. In addition, monitors, the conduct of monitoring visits, they contain information about the state improvement of monitoring methodology; of implementation of Commissioner’s the UN Development Program in Ukraine – recommendations to the ministries and for support of monitoring visits conducted agencies provided based on the results of by regional coordinators; the OSCE Project monitoring activities. Chapter five includes Co-ordinator in Ukraine – for support to detailed recommendations based on the monitoring visits, and improvement of results of monitoring places of detention monitoring methodology; the Council of in 2014, including recommendations on Europe Office in Ukraine – for support to improving legislative framework. the professional development of the NPM Department staff, and improvement of its Importantly, regional representatives and material and technical base. regional public relations coordinators of the Commissioner for Human Rights provided Finally, I would like to express particular valuable support to implementation gratitude to all public monitors, staff of the national preventive mechanism members of the NPM Department, regional in 2014 acting in the framework of the coordinators and representatives of the Memorandum of cooperation between Commissioner, members and observers the Commissioner for Human Rights and of the NPM Expert Council for their active the Association of Ukrainian Human Rights participation in this important task of Monitors on Law Enforcement (Association preventing torture, cruel, inhuman, or UMDPL). degrading treatment and punishment in places of detention. Until 2014, regional coordinators visited SECTION 1. 7

CHAPTER 1. MONITORING OBSERVANCE OF HUMAN RIGHTS AND FREEDOMS DURING THE REVOLUTION OF DIGNITY

In relation to dramatic events that began assistance. in our country at the end of 2013 and These activities revealed, in addition to escalated in 2014, the Department for violations of the right to life, multiple Implementation of the NPM (hereinafter violations of human rights and freedoms – NPM Department) in cooperation with that can only be viewed as torture or the Department of Special Proceedings of inhuman and degrading treatment in the Secretariat of the Ukrainian Parliament accordance with the case law of the Commissioner for Human Rights European Court of Human Rights (ECHR). (hereinafter – Commissioner) were de facto performing functions of immediate All identified violations and responses of response through urgent verification of the Commissioner were included into the information on human rights violations in Special Report of the Commissioner for different institutions, reactions to specific Human Rights “Violations of Human Rights complaints on torture and ill-treatment in Ukraine during events of November of the activists of the Revolution of 2013 – February 2014”. At the same time, Dignity etc. Staff of the Secretariat of the considering particular gravity of human Commissioner conducted round-the- rights violations by law enforcement clock visits to authorities and units of the officials during this period, they will also be Main Directorate of the MIA of Ukraine presented in this chapter. in Kyiv, Kyiv remand prison, as well as We should note that information in the healthcare institutions to which injured Special Report was also used during detainees were brought. Darnytsya, development of an official communication Dniprovske, Desnyanske, Obolon, Podil and to the International Criminal Court in The Shevchenkivske district police directorates Hague by non-governmental organizations were in the focus of attention, as well as in cooperation with the Secretariat of the territorial department #1 of Obolon the Commissioner for the purposes of district police directorate. Majority of considering an investigation of crimes apprehended persons were brought to against humanity during the Revolution of these internal affairs bodies (hereinafter Dignity. – IAB). Secretariat staff visited some of the above police units several times per In addition, all proceedings information, day. They conducted interviews with all including relevant communication between apprehended persons in custody of these the Commissioner for Human Rights and facilities, as well as recorded identified the Office of the Prosecutor General and violations and undertook measures to the Ministry of Interior on investigation of ensure their rights to legal and medical human rights violations, were transferred 8 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: to the International Advisory Group of the purposes of monitoring investigation the Council of Europe established by the of violence during protests at Maydan from decision of the CoE Secretary General for 30 November 2013 to 21 February 2014. 1.1. Violations of the right to life According to official statistics of the the Prosecutor General of Ukraine and the Ministry of Health of Ukraine, from 1 Ministry of Internal Affairs of Ukraine. January – 22 February 2014, events at The rampant course of events during Maydan Nezalezhnosti in Kyiv resulted in 18-20 February 2014 led to a horrific 105 deaths (including 94 deaths during tragedy. According to official data, more clashes at Instytutska Street). The majority than 80 persons died, and hundreds were of deaths was caused by gunshot wounds. hospitalized with gunshot wounds. First victims who died from gunshot On 20 February, the Commissioner issued wounds were activists Serhiy Nihoyan and a public statement urging to stop the Mykhaylo Zhyznevsky. bloodshed in the streets of Kyiv and To prevent perjury of the cause of death by cities of Ukraine and save human lives. law enforcement officials, the Commissioner The Commissioner also called out the tasked two NPM Department staff, experts criminal actions of law enforcement who in forensic medicine, with being present had used firearms against protesters, during autopsy of the diseased and record and emphasized that no international the correctness of forensic experts’ actions. standards allow for use of lethal force to stop mass riots. Relevant acts of response to violations of the right to life were sent to the Office of 1.2. Torture and cruel treatment During the Revolution of Dignity, the staff 1890 persons. of the Secretariat of the Commissioner Analysis of information provided by recorded multiple facts of bodily injuries medical institutions shows that activists to activists by law enforcement bodies, sought medical assistance or were brought in particular Berkut special unit and the to hospitals due to bodily injuries in the Internal Military Force. form of trauma from blunt object impact The Secretariat established regular (craniocerebral trauma of different gravity exchange of information with the level, bone fractures, damage to internal department of health of Kyiv City State organs), firearms and explosives injuries Administration for the purposes of (from explosions of specialized grenades – recording instances of bodily injuries stun grenades, tear gas grenades), chemical resulting from torture and cruel treatment, and heat burns etc. in particular in relation to persons who had We shall provide several examples of injuries come to healthcare institutions in Kyiv. sustained by persons brought to healthcare There were 2394 ambulance calls registered institutions in Kyiv on 18 February 2014: during mass protests in Kyiv. Inpatient • Vitaliy Ihorevych D. sustained an healthcare institutions in Kyiv admitted open cerebrocranial injury with brain SECTION 1. 9

bruising from a rubber bullet during a fracture of the lower jaw inflected by clash with Berkut and internal military law enforcement officials; force officials; • Valeriy Petrovych F. sustained an open • Mykola Ihorevych Ya. sustained a craniocerebral wound, brain bruising, bullet injury to soft tissues of the back and fracture of the skull base in the and fragmentation wounds of the soft area of mesocranial fossa, fragmental tissues of the right shin during a clash fracture of the temple bone on the with Berkut officials; left side, pneumocephalus, and • Oleksiy Ihorevych R. sustained a bullet bruising wounds of soft tissues of the wound to the right hand with fractures head resulting from assault by Berkut of 5th metacarpal bone and proximal officials at Instytutska Street. phalanx of the 5th finger of the left On 19 February 2014, victims sustained hand during the attack on Budynok injuries of no lesser gravity following the use Profspilok (the House of Trade Unions); of firearms, special gear and abuse of force: • Dmytro Anatoliyovych Ch. sustained • Stepan Vasylyovych A. Sustained a a fracture to the collarbone, nose, craniocerebral injury, brain concussion, and brain concussion inflicted by law barotrauma, multiple bruising of soft enforcement officials at Instytutska tissues and bruises following the use Street; of stun grenades by law enforcement • Vasyl Stepanovych K. sustained a brain officials; injury with brain concussion, bruises • Mykola Petrovych P. sustained a to soft tissues of the head, as well as a chemical burn of respiratory ways of gunshot wound of soft tissues of the II-III degrees resulting from actions of left buttock inflicted by Berkut officials. law enforcement officials; The gunshot wound was inflicted by Berkut while the victim was on the • Serhiy Anatoliyovych K. sustained ground unconscious; II degree contusion and a non- perforating wound of the right-eye • at approximately 2 p.m. at Instytutska sclera, I degree contusion, and a Street, Volodymyr Mykhaylovych bruising wound of the conjunctival H. sustained a blind gunshot with foreign body in the left eye as craniocerebral wound to the a result of stun grenades use by law head and upper neck, an open enforcement officials at Hrushevskoho craniocerebral injury, brain bruising, Street; and fragmentation fracture of occipital bone resulting from the use of firearms • Yuriy Yuriyovych A.-Sh. Sustained a by law enforcement officials; brain concussion, a gunshot wound to the right hand, double fracture of • Valeriy Vasylyovych Sh. sustained the shinbone, vertebral dislocation, craniocerebral wound, brain bruising multiple bruises and hemorrhages with hemorrhage of the right temple, resulting from the actions of law subarachnoid hemorrhage, linear enforcement at Hrushevskoho Street. cranial vault fracture on the left side spreading to the skull base, and In addition to bodily harm, there were bruising of postfrontal bone, and multiple recorded instances of lengthy 10 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

custody in specialized vehicles at subzero Kyiv revealed the fact of lengthy detention temperature with no access to drinking (approximately three hours) in “avtozak” at water and possibility to satisfy natural the territory of the district directorate of needs. citizen M., juveniles L., D., and O. who had sustained bodily injuries caused by law For instance, a monitoring visit to enforcement officials. Darnytsya district police directorate on 20 January revealed the fact of detention of On 19 February 2014, there were 11 Radio Svoboda reporters Dmytro Barkar apprehended persons found at Dniprovske and Ivan Iskhakov who had been providing district directorate of the Main MIA live coverage of events at Hrushevskoho Directorate in Kyiv who had been kept Street near Lobanovsky stadium. Officers for a long period (over 5 hours) in special of Berkut special police unit apprehended vehicles in the governmental quarter with the reporters at around 8 a.m. on 20 no appropriate clothing for the season. January and inflicted bodily injuries during On 19 February 2014, citizen T. was found apprehension. Following apprehension, at Desnyanske district directorate of the they were put into an “avtozak” and kept Main MIA Directorate in Kyiv. He had been there for over 4 hours prior to arrival to kept in “avtozak” for 7 hours prior to being Darnytsya district directorate of the Main brought to the directorate. MIA Directorate in Kyiv. On 19 February 2014, there were 12 The Commissioner immediately informed apprehended persons found in Obolon the Office of the Prosecutor in Kyiv and district directorate of the Main MIA the Office of the Prosecutor General of Directorate in Kyiv who had been held in Ukraine Office of the Prosecutor General for special vehicles in governmental quarter appropriate response measure. for over 5 hours with no access to drinking On 23 January 2014, a visit aimed at water, possibilities to satisfy natural needs, monitoring rights of apprehended persons no clothes necessary for the season. In by Obolon district directorate of the Main addition, some of them had injuries and MIA Directorate in Kyiv revealed six persons required medical assistance. who had been kept in specialized vehicles Relevant acts of response to instances of from 6 to 11 a.m. from the moment of cruel treatment by law enforcement were actual apprehension to bringing them to sent to the Office of the Prosecutor General the pre-trial investigation unit. of Ukraine and the Ministry of Internal On 28 January 2014, a visit to Podil district Affairs of Ukraine directorate of the Main MIA Directorate in 1.3. Violations of the right to medical assistance According to the ECHR case law, deprivation of Dignity. These violations including, in of the right to access to medical care can majority of cases, failure to provide medical only be viewed as torture, or inhuman or care to persons in need thereof, as well degrading treatment. as untimely notification of healthcare institutions on injured apprehended Staff of the Secretariat of the Commissioner persons. discovered multiple violations of the right to medical assistance during the Revolution For instance, on 19 February 2014 at SECTION 1. 11

Dniprovske district directorate of the On 19 February 2014, at Darnytsya district Main MIA Directorate in Kyiv there were directorate of the Main MIA Directorate 11 persons found with bodily injuries. On in Kyiv, there were reported instances of following intervention by the staff of the untimely provision of medical assistance Secretariat of the Commissioner, some of to persons brought to the directorate with them were hospitalized by an ambulance. bodily injuries who allegedly had sustained Lengthy denial of medical care posed a them during apprehension. serious threat to the life and health of On 19 February 2014, in Obolon district apprehended P. who was also hospitalized directorate of the Main MIA Directorate in upon demand of the Secretariat staff. Kyiv there were 12 apprehended persons On 19 February 2014, there were 13 found with injuries of varying gravity who persons with bodily injuries found at did not receive medical assistance during a Desnyanske district directorate of the long period following apprehension (over Main MIA Directorate in Kyiv, including six 5 hours). persons in need of urgent qualified medical Relevant acts of response by the care. Following a request by the staff of the Commissioner on violations of the right to Secretariat of the Commissioner, they were medical care reported by the staff of the hospitalized by ambulances. During a brief Secretariat of the Commissioner were sent conversation with T., it turned out that he to the Office of the Prosecutor General of was held in an “avtozak” for several hours Ukraine and the Ministry of Internal Affairs with bone fractures of left hand and right of Ukraine. foot. 1.4. Violations of the right to defense On 23 January 2014, during a visit to 9 hours 10 minutes following actual Obolon district directorate of the Main apprehension. MIA Directorate in Kyiv, the staff of The time of notification of the Center for the Secretariat of the Commissioner Free Legal Aid on apprehension of S.S.V. is reported multiple violations of the right of not indicated at all. It was only noted that apprehended activists to defense. Instead the attorney arrived 10 hours 40 minutes of immediate notification on apprehension following actual apprehension to the authority (institution) providing free legal aid in accordance with the law, such In the above cases, both investigators notifications took a long time, in particular: and officers on duty at Obolon district directorate of the Main MIA Directorate • The Center for Free Legal Aid was in Kyiv committed violations of the right notified on apprehension of A.S.V. 13 to legal assistance. They did not follow hours 45 minutes following actual requirements of paragraph 6.6.2 of the apprehension; Instruction approved by the order #181 of • The Center for Free Legal Aid was the MIA of Ukraine on 28.04.2009 whereby notified on apprehension of S.V.V. 9 an investigator shall verify whether the hours 30 minutes following actual Center for Free Legal Aid was notified on apprehension; apprehension of the person, and in case • The Center for Free Legal Aid was such notification is missing, notify the notified on apprehension of M.V.M. Center himself. 12 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

On 28 January 2014, a visit to Pechersk is confirmed by the absence of records in district directorate of the Main MIA the Registry of notifications of free legal Directorate in Kyiv revealed instances of aid centers. At the same time, the Registry systematic concealment of apprehensions of persons taken into custody, visitors and and failures to notify the Center for Free invited persons there were no records on Legal Aid. persons apprehended or taken into custody during this period. Instead, apprehended Examination of the registry on reception persons were accounted for as “invitees” or and transfer of duty suggests that from those who arrived “upon request”, or not 10 January 2014 to 28 January 2014 accounted for at all. there were 20 persons apprehended on the suspicion of committing crimes, A submission by the Commissioner, along as well as 44 persons apprehended for with 8 letter to the Office of the Prosecutor administrative offences. However, there in Kyiv, was sent to the MIA of Ukraine for was no notification to the Center for Free the purposes of effective investigation of Legal Aid on their apprehension. This fact each violation and appropriate response. 1.5. Violations of children’s’ rights and freedoms Children also took part in confrontations at parents on the children’s whereabouts. Maydan Nezalezhnosti in Kyiv. In particular, In the framework of proceedings by the on 24 January 2014, the Commissioner Commissioner, the staff of the Secretariat for Human Rights launched proceedings of the Commissioner visited Podil district upon notification from Euromaidan SOS directorate of the Main MIA Directorate civic platform on delivery of minors with in Kyiv where the children were brought bodily injuries to the National specialized following apprehension. The staff children’s hospital “OKHMATDYT”. The discovered violations of children’s rights minors sustained these injuries during by the said district police department. In apprehension by military personnel of the particular, the minors were held in a special military unit #3057 and officials of Berkut vehicle with no medical care at subzero special unit. temperatures. The Center for Free Legal Aid The proceedings included visiting and was notified only 6 hours 15 minutes after interviewing of the children. During the actual apprehension. The authorities interviews, the minors talked about launched criminal cases in relation to the apprehension and assault by law children on criminal offences under part enforcement officials at the corner of 3 of Article 296 of the Criminal Code of Instytutska and Shovkovychna Streets in Ukraine (hereinafter – the CC of Ukraine). Kyiv. On 29 January 2014, the Commissioner for In addition, the minors were brought to Human Rights sent a request to the Office Podil district police directorate only 5 of the Prosecutor in Kyiv for the purposes hours following their apprehension, and of immediate elimination of reasons and hospitalized following additional 6 hours. conditions of violations of children’s rights. According to the doctors, the children were The response to the Commissioner’s admitted in moderately severe condition. request included information about All of them received necessary medical dismissal of criminal proceedings in assistance. Medics also informed their relation to the minors. SECTION 1. 13

1.6. State of response to the acts of Ukrainian Parliament Com- missioner for Human Rights by the prosecution authorities and the MIA On 2 December 2013, due to the scale of Ministry of Internal Affairs of Ukraine human rights violations and on the basis and emphasized the need for effective, of analysis of information obtained in the objective and transparent investigation course of public proceedings, a submission of all cases of attacks on journalists and was sent to the Office of the Prosecutor participants of protests, damage to General of Ukraine on illegal termination their property and vehicles, as well as of a peaceful assembly the police officials prosecution of perpetrators on 30 November 2013 and excessive During 2014, the staff of the Secretariat of use of force on 1 December 2013. The the Commissioner conducted monitoring submission was sent for the purposes of visits to the bodies of internal affairs and comprehensive, objective and unbiased units of the Main MIA Directorate in Kyiv. investigation in accordance with the ECHR Following these visits, letters indicating case law. reported violations and requests for In the submission, the Commissioner effective and unbiased investigation of emphasized gross violations of articles 12, every violation were sent to the Office of 13, 14 of the Law of Ukraine “On Militsiya” the Prosecutor in Kyiv and the Office of the (Police) and the current “Regulations on Prosecutor General of Ukraine. the use of special gear for securing public On 29 January 2014, the Commissioner order” (approved by the decree#49 of the for Human Rights sent a submission on USSR Council of Ministers on 27 February protection of rights and freedoms of 1991). In addition, the Commissioner noted apprehended persons to the Minister of that the ECHR has repeatedly emphasized Internal Affairs The submission drew the that the use of force by law enforcement has Minister’s attention to unacceptability of to meet the criteria of necessity, lawfulness violations by law enforcement officials and proportionality. In accordance with the reported by the staff of the Secretariat ECHR case law, every instance of the use of of the Commissioner. First of all, these force has to be investigated effectively so included torture and cruel treatment, that all circumstances are examined and, deprivation of the right to defense and in case of human rights violations, the medical assistance. perpetrators are prosecuted. On 30 January 2014, the Commissioner On 25 December 2013, in response to transferred generalized information on the submission of the Commissioner, the reported violations of human rights and Office of the Prosecutor General of Ukraine freedoms by law enforcement officials informed the Commissioner on initiation of and fighters of special units of the MIA criminal proceedings on the count of abuse of Ukraine in Kyiv to the Office of the of power, i.e. a criminal offense under part Prosecutor General of Ukraine. The two of Article 365 of the CC of Ukraine. following violations were included: On 27 December 2013, the Commissioner • Lengthy detention of apprehended openly addressed the Office of the protest participants in “avtozak” at Prosecutor General of Ukraine and the subzero temperatures with no access 14 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

to drinking water and satisfy natural of the Secretariat of the Commissioner. needs; The meeting included identification of • Disproportionate use of force by law cooperation mechanisms and provision enforcement during apprehension, of generalized information on pre-trial as well as use of force towards investigation in criminal proceedings. apprehended persons showing no State of response to the Commissioner’s resistance to law enforcement officers; acts by the prosecution authorities • Failure to provide medical assistance On 17 February 2015, the Office of the to apprehended persons with visible Prosecutor General of Ukraine informed the injuries in a timely manners; Commissioner that information on illegal • Failure to inform/inform in a timely and excessive use of force and special manner center for free secondary legal gear by Berkut special unit officials on 30 aid on apprehension of persons; November and 1 December 2013 at Maydan • Failure to inform apprehended persons Nezalezhnosti and Bankova Street in Kyiv on their rights following apprehension; was recorded into the Integrated registry of • Failure to inform close relatives, pre-trial investigations (hereinafter - ERDR) family member or other persons in on 2 December 2013 under article 365§2 of accordance with the person’s choice the CC of Ukraine. on the fact of apprehension and In addition, on 3 December 2013 whereabouts; information on illegal actions by law • Ill-treatment of journalists. enforcement officials accompanied by physical force and aimed at obstructing On 6 February 2014, a letter was sent to the lawful activities of the media on 1 December Ministry of Internal Affairs of Ukraine on 2013 during public gatherings in the center informing the Commissioner on the results of Kyiv was included into the ERDR under of internal investigation of the fact of ill- article 171§1 of the CC of Ukraine. treatment of Maydan activist Mykhaylo Havrylyuk by police on 22 January 2014 at On 5 December 2013, information on Hrushevskoho Street in Kyiv. physical injuries inflicted by Berkut officials to citizen Z. at Bankova Street on During 2014, due to several replacements 1 December 2013 was included into the of the Prosecutor General of Ukraine, the ERDR. Commissioner sent three sets of materials on violations of human rights and freedoms Currently, the Office of the Prosecutor during the Revolution of Dignity for proper General of Ukraine is conducting pre-trial investigation. investigation into the above events. In early February 2015, a working meeting In the framework of pre-trial investigation, took place with participants including the the prosecution presented notices on head of the Special Proceedings Directorate suspicion to 19 law enforcement officials. of the Main Directorate of Investigations For instance, during pre-trial of the Office of the Prosecutor General investigation in criminal proceedings of Ukraine and a representative of the #42014100020000046 under Article Commissioner, investigators and staff of 364§1 of the CC of Ukraine on entering the Department of Special Proceedings knowingly false data into administrative SECTION 1. 15 protocols on violations of Traffic regulation, in Kyiv the following persons were 12 DAI (State Traffic Inspection) officials presented with notices of suspicion: were presented notices of suspicion. • Commander of the public security In the framework of pre-trial special regiment of the Main MIA investigation in criminal proceedings Directorate colonel A.V. Dydyuk; #42014100000000066 on abuse of power • Commander of squadron #3 of the by officials of Berkut specialized unit public security special regiment of during apprehension of A.B. Shmyndyuk, the Main MIA Directorate major S.F. I.H. Kobzar, O.V. Frolov, D.M. Saydakov, M.A. Antonov; Horsky and D.Yu. Rubtsov, accompanied by • Former chief of staff of Berkut special violence, use of special gear, pain-inflicting regiment of the MIA Directorate and degrading actions, and bringing them colonel M.M. Tyahnyryadno. to the duty station of Darnytsya district directorate of the Main MIA Directorate in State of response to the Commissioner’s Kyiv, the head of operational squadron #1 of acts by the Ministry of Internal Affairs of Berkut special unit major M.V. Dobrovolsky Ukraine (squadron #1 commander) was presented In the letter #10271/ Чб from 28 February with a notice of suspicion. 2015, the Deputy Minister of Internal Affairs In the framework of pre-trial of Ukraine informed the Commissioner on investigation in criminal proceedings the following measures based on review of #12014100060000228 of mass murders information on violations of the rights and from November 2013 to February 2014 freedoms of persons during events from at Maydan Nezalezhnosti in Kyiv, the November 2013 to February 2014 in Kyiv. following persons were presented with An internal investigation was initiated in notices of suspicion: relation to events of 30 November 2013 • Inspector of platoon #2 of squadron at Maydan Nezalezhnosti in Kyiv on the #5 of the special regiment of the Main same day by the MIA order for verification Directorate of the MIA major D.M. of lawfulness of police actions towards Sadovnyk; participants of Euromaidan protest held in support of signing the Association • Officer of platoon #3 of squadron #5 of Agreement with the European Union. the public security special regiment of the Main MIA Directorate sergeant P.M. The head of the Main MIA Directorate in Abroskin; Kyiv Koryak V.V. was temporarily dismissed • Officer of platoon #3 of squadron #5 of for the period of internal investigation by the public security special regiment of the order of the MIA dated 1 December the Main MIA Directorate sergeant S.P. 2013. Zinchenko. Considering results of the internal • In the framework of pre-trial investigation, a decision was taken to investigation in criminal proceedings impose disciplinary punishments on #42013110000001053 on abuse individual senior officials of the Main MIA of power by police officials on 30 Directorate in Kyiv upon final procedural November 2013 during public decision in the criminal proceedings assemblies at Maydan Nezalezhnosti initiated by the Office of the Prosecutor 16 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

General of Ukraine in relation to this event. circumstances, including 37 DAI inspectors. In addition, the inspector of platoon #2 of Conclusion of the internal investigation squadron #5 of the special regiment of the was sent to the Office of the Prosecutor Main Directorate of the MIA major D.M. General of Ukraine for consideration during Sadovnyk was dismissed by the order of the pre-trial investigation. Main MIA Directorate in Kyiv #33o/c dated Following internal investigations, pursuant 20 January 2015 for disciplinary violations. to an order #59o/c by the Main MIA Conclusion of internal investigation was Directorate in Kyiv dated 30 January also sent to the Office of the Prosecutor 2015, 41 officials of internal affairs bodies General of Ukraine for decision in were dismissed under disreputable accordance with the legislation of Ukraine. SECTION 2. 17

CHAPTER 2. MONITORING PLACES OF DETENTION IN THE ZONE OF THE ANTI-TERRORIST OPERATION IN EASTERN UKRAINE

The Commissioner for Human Rights particularly, for most vulnerable groups conducts monitoring of observance of of population and persons in penitentiary the rights and freedoms of persons in institutions and remand prisons. In places of detention in the ATO territory addition, personal responsibility of the both through dialogue with relevant leadership of relevant authorities for the state authorities, and also through direct life and health of citizens on the territory visits to these institutions (including in of anti-terrorist operation in the East of the framework of the national preventive Ukraine, was highlighted, mechanism), telephone interviews with The following institutions were visited in heads of institutions, information from Luhansk region during 2014: representatives of central executive authorities, local governance, international, • Kreminna general education boarding voluntary and human rights organizations, school of I-II tiers; and analysis of complaints, statements and • Kreminna regional general education information in the media. health care boarding school; In particular, on 26 and 30 September • Kreminna regional specialized general 2014 the Commissioner for Human Rights education boarding school; initiated working meetings and inter- • Novoaydar general education health agency meeting with representatives of the care boarding school for children with Office of the Prosecutor General of Ukraine, respiratory diseases; the Ministry of Internal Affairs, the Ministry • Starobilsk neuropsychiatric residence; of Justice, the State Penitentiary Service, the Ministry of Health, the Ministry of • Starobilsk remand prison; Social Policy, the Ministry of Education and • Teple neuropsychiatric residence. Science. The meetings included discussion In Donetsk region: of issues related to safeguarding human rights in penitentiary facilities of different • Artemivsk penitentiary facility (#6); format on the territories not subject to • Artemivsk central district hospital #2; control by Ukrainian government in Eastern • Artemivsk neuropsychiatric residence; Ukraine. • Dzerzhynsk general education The Commissioner for Human Rights has boarding school #1; repeatedly drew attention of the said • Kramatorsk general education health authorities to the need for urgent radical care boarding school of І–ІІ tiers for measures for evacuation of population children with minor and declining outside of the armed conflict territory, forms of tuberculosis; 18 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

• Kramatorsk specialized general institutions terminated their activities. education boarding school І–ІІ tiers There is 21 residence for elderly citizens #18 for children with severe speech and citizens with disabilities on the territory impairments; temporarily outside of control of Ukrainian • Kramatorsk specialized children’s government (11 institutions in Donetsk home “Antoshka”; and 10 institutions in Luhansk) with over • Krasny Lyman specialized general 4.5 thousand residents. education boarding school № 1; As of 20 February 2015, there were 119 • Krasny Lyman residence for elderly children with disabilities and 61 persons citizens and citizens with disabilities; with childhood disabilities resident at • Krasny Lyman center for social and institutions in the territory of active anti- psychological rehabilitation of terrorist operations (children’s unit of children; Rovenky regional residence for people • Mariupol remand prison; with disabilities, Krasnodon regional childcare residence of Luhansk region and • Regional health care resort facility Shakhtarsk childcare residence). “Perlyna Donechchyny” in Svyatohorsk; • Health care resort facility for social On the territory controlled by Ukraine and rehabilitation of orphaned children in the zone of military action there are 16 and children without parental care educational institutions in Luhansk (1854 “Smarahdove mistechko” (“Emerald children) and 54 institutions in Donetsk City”) in Svyatohorsk; regions (7659 children). • Slovyansk specialized general As noted above, position of the education boarding school # 21; Commissioner for Human Rights, expressed • Slovyansk neuropsychiatric residence; back in June 2014, included the need for evacuation of these facilities to safe Stationary units of Dzerzhynsk territorial regions or districts controlled by Ukraine service center. within these regions. Further monitoring During monitoring, along with traditional confirmed that relocation of facilities of analysis of observance of rights and regional jurisdiction within one region freedoms of residents, assessment of is not always a solution of the issue since risks for life and health of these persons the threat for life and health of residents in relation to anti-terrorist activities in remains high due to instability of situation Donetsk and Luhansk regions received at Donbas. particular attention. For instance, residents of Popasne Monitoring of educational, health care, and neuropsychiatric residence were social protection institutions transferred to Dmytrivka neuropsychiatric residence (Novoaydar district, Luhansk There are 62 in-patient social protection region) located less than 30km away from institutions for the elderly and persons Shchastya where active hostilities take with disabilities in Donetsk and Luhansk place periodically. regions, including some of them in the territory of active military actions. By the Residence of Slovyansk neuropsychiatric end of last year, 39 out of 553 health care residence were evacuated to seven other SECTION 2. 19 residential facilities in Donetsk region. are under the jurisdiction of Dzerzhynsk Later, some of them returned, however, city council, and the latter cannot provide part of residents stayed in residences in for evacuation of these people outside the Snizhne and Makiyivka that had been city. In addition, there has been no heat or targeted by shootings. water supply in the city since 27 January and, according to municipal authorities, Transfer of residents within one region it was impossible to restore supply due to also leads to overload of institutions’ shootings. capacity. For instance, the number of children residents in Druzhkiv childcare The general education boarding school І–ІІІ residence almost doubled after the transfer tiers #1 is also under the same authority’s of children from Shakhtarsk childcare jurisdiction. At the time of the monitoring residence. visit, the school was in a distance-learning mode due to direct hit to the neighboring During the visit of the monitoring group building on 21 January 2014. The city of the Secretariat of the Commissioner council cancelled classes and thereby on 2 February 2015, there were 575 relieved itself of responsibility for the life people with mental disabilities, including of 327 children, majority of them coming 365 temporarily transferred from Torez from dysfunctional families. These children neuropsychiatric residence, in Slovyansk are left adrift and face constant danger. neuropsychiatric residence with a capacity to accommodate 320 people. As a result, Throughout the year, the Commissioner living rooms are extremely overcrowded; for Human Rights has received multiple beds are located back-to-back, which does addresses from directors of children’s not contribute to a proper therapeutic facilities and structural units of state environment. In addition, the workload for regional administrations asking to prevent the personnel has increased significantly. illegal transfer of children to Russian Federation, as well as provide support During interviews with directors of these in relocating children to safe places on facilities, it turned out that majority of the territory of Ukraine. Since June 2014, personnel is ready to move to other regions representatives of the so-called DPR with the care recipients. Results of surveys (Donetsk People’s Republic) and LPR of relocated residents who got used to the (Luhansk People’s Republic) demanded that staff and workers also support feasibility of local authorities provide information about such evacuation. orphaned children and children without There has been no discussion of evacuation parental care, their health certificates of facilities under the jurisdiction of local and written consent of directors for the governance. For instance, in Dzerzhynsk, children’s transfer to Russian Federation. which was under fire, residents of the For example, state authorities and directors center for social and psychological of children’s facilities of Donetsk regions rehabilitation of children of Donetsk received an order from the so-called DPR regional council were only evacuated upon Council of Ministers #17 dated 25 June the Commissioner’s intervention. Nobody 2014 (see photo 6 and 7 in Annexes) is organizing evacuation of 70 elderly prohibiting transfer of children outside persons with disabilities in in-patient units of the region. The same order allows of the territorial service center since they relocation of children exclusively to the 20 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Russian Federation. Importantly, following lengthy negotiations with the leaders of the During the year, separatists undertook so-called DPR with participation of the several attempts to take the children public, officials, as well as due to personal outside of Ukraine. intervention by the Commissioner for For instance, on 12 June 2014, armed Human Rights, it was possible to move people illegally took 16 children from children from Amvrosiyivka, Maryinka and Snizhne children’s home of Donetsk region Donetsk boarding schools that were under to Russia through Dolzhanske checkpoint. the control of the so-called DPR for a long At the Ukrainian-Russian border, the period. children had no documents confirming the In addition, 33 children under the age of right to enter the Russian Federation. Due three were transferred from Kramatorsk to consolidated efforts of the Ombudsman children’s home “Antoshka”, over 80 of the Russian Federation, the Ministry of children from Donetsk city and regional Foreign Affairs of Ukraine and Donetsk children’s homes, 52 children – from State Regional Administration, the children Makiyivka children’s home, and 19 children returned to Ukraine by the end of the from Torez city children’s home. following day on a charter flight. We should note that, apart from On 26 July 2014, there was an attempt at organization of the evacuation, the illegal removal of 61 orphaned children, the problem lies in overlapping authority chief physician and 12 staff of a children’s over these facilities requiring for decisions home in Luhansk to the Russian Federation. by the Cabinet of Ministers of Ukraine. On 27 July 2014, children returned to Evacuated persons can be placed only in Ukraine due to joint actions. vacant premises of institutions under the On 8 August 2014, the Ukrainian Parliament jurisdiction of other agencies, in particular, Commissioner for Human Rights received liquidated schools and vocational schools information from the Ministry of Foreign of social rehabilitation, boarding schools of Affairs about abduction of 8 Ukrainian the educational system etc. children of the above children’s home aged For this reason, on 9 February 2015 the 8 months – 2 years old by an armed terrorist Commissioner for Human Rights sent a group. The children were undergoing letter to the Prime Minister of Ukraine inpatient treatment in a hospital in Luhansk. requesting the following: In a coercive and illegal manner, these Urgent measures for developing the children with disabilities were transferred system for evacuation of the said facilities through Izvaryne border checkpoint from Donetsk and Luhansk regions to safe in Luhansk region to Rostov region of region taking into consideration the need the Russian Federation with no medical to protect the interests of children, care supervision or documentation. recipients and staff; On 13 August 2014, the children were Ensure redistribution of funding for transferred to representatives of the evacuated facilities from Donetsk and Ukrainian side – the Ukrainian Parliament Luhansk regional budgets to the regional Commissioner for Human Rights and the budgets of transfer destinations. chief physician of the children’s home. SECTION 2. 21

In response to the abovementioned letter and violates their right to access to justice. from the Commissioner, on 16 February In particular, this situation affects persons 2015, the Prime Minister of Ukraine in relation to whom criminal proceedings instructed the leadership of Donetsk and have been transferred to court and are Luhansk State Regional Administrations, conducted under the 1961 Criminal the Ministry of Social Policy, the Ministry Procedure Code of Ukraine (there are of Education and Science, and the State approximately 200 persons who became Emergency Service to undertake relevant hostages of these violations). response. In addition, the Ministry of Finance of Ukraine received an instruction There are also systemic violations towards for redistribution of funding. persons in detention who are not able to take part in court hearings due to the lack Penitentiary institutions of convoy to courts and court decisions on There are 27 facilities on the territory extension of detention in their absence in temporarily outside of control of Ukrainian violation of the Criminal Procedure Code of government: Ukraine. In Donetsk region – 14 facilities with Monitoring visits showed that the lack of approximately 8.7 thousand persons in convoy to correctional colonies for serving custody thereof; the punishment following the convictions’ entry into force led to continued detention In Luhansk – 14 facilities (3 demolished) in remand prisons beyond legally with approximately 4 thousand persons in established time limits. For instance, during custody thereof. the visit to Mariupol remand prison, it was In addition, there are 47 units of criminal established that the issue of transfer of executive inspection in the anti-terrorist 161 convicts to correctional colonies was operation zone. not solved for a long period, and only 48 convicted persons were transferred to Visits to Starobilsk remand prison in penitentiary facilities. Luhansk region and Artemivsk and Mariupol remand prison in Donetsk region We should emphasize that the situation of revealed a number of problems. penitentiary facilities on the uncontrolled territory is critical. The state funding for In particular, there are breaches of the their functioning has been practically Law of Ukraine “On delivery of justice and unwound. criminal proceedings in relation to the anti- terrorist operation” dated 12.08.2014 and For a long period, the State Penitentiary an instruction by the Higher Specialized Service of Ukraine has not been solving Court of Ukraine for Civil and Criminal the issue of centralized food supply to Cases #27/0/38-14 dated 02.09.2014 on these facilities. For instance, at the time amendments to territorial jurisdiction of of monitoring visit, supplies of potatoes, criminal proceedings (cases) of detainees cabbage, beetroots, carrots and onions in and their transfer from the courts of appeal Artemivsk remand prison constituted 20% of Donetsk and Luhansk regions to courts of the need, and the facility’s debt for food of appeal of Zaporizhzhya and Kharkiv products constituted over 70 thousand regions accordingly. The breach leads to hryvnia. The situation with medical and arbitrary increase in length of detention water supplies was the same. 22 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Considering the lack of reaction by the to evacuate care recipients without State Penitentiary Service of Ukraine their consent and physical possibility of towards supporting facilities in the anti- transferring bedridden patients. terrorist operation zone, the Commissioner According to boarding facilities of the sent multiple acts of response to the Office social protection system, as of 1 February of the Prosecutor General and the Ministry 2015, there were 1 596 vacant places of Justice of Ukraine. in boarding facilities. Information on Despite the Decree of the President of their location was transferred to social Ukraine #875 dated 14.11.2014 “On urgent protection departments of Donetsk and measures for stabilization of social and Lugansk regional state administrations. economic situation in Donetsk and Luhansk Donetsk Regional State Administration regions”, none of the facilities of the State transferred 1.5 thousand residents of Penitentiary Service of Ukraine have been boarding facilities from the zone of active transferred to the territory controlled by ATO hostilities to boarding facilities for Ukrainian government, including those in veterans and persons with disabilities of the close proximity with hostilities. Therefore, social protection system in the region and staff and detainees are under constant Ukraine. The transfer took place pursuant threat at these facilities. to personal applications of the citizens. This negligence of behalf of officials led to, According to the letter to the Commissioner for instance, tragic events at Chornukhyne for Human Rights from the Ministry of correctional colony (#23) in Luhansk Education and Science of Ukraine #1/10- region. According to available information, 3676 dated 10.11.2014, residents of 380 convicts had to leave the facility Makarenko vocational training school of due to constant fire from the so-called social rehabilitation in Makiyivka were LPR. As a result, some convicted person relocated to Balakhiv school of social died, and only 83 of them returned to the rehabilitation. All students are provided facilities. Another 23 persons arrived at with proper conditions for living, studies Ukrainian checkpoints. They are currently and upbringing. Children have sufficient in Artemivsk remand prison. supply of food, warm clothing and footwear, Information from ministries and agencies, as well as medical care. There is heating in state regional administrations on premises of educational institutions. measures in response to recommendations In addition, according to the letter from from the Commissioner for Human Rights the Ministry of Education and Science of on protection of rights and freedoms of Ukraine #1/10-3676 dated 25.12.2014, persons in places of detention in ATO zone children from Yasynuvata general education Unfortunately, a large number of people health care boarding school of I-II tiers #14 in penitentiary facilities, institutions of for children with scoliosis (Donetsk region) the systems of education, health care, and were transferred to Oleksiyevo-Druzhkivka social protection, stayed on the temporarily general education health care boarding occupied territory due to delay in fulfillment school of I-III tiers of the same profile. of the Commissioner’s recommendations Children have sufficient supply of food, on evacuation. For example, the Ministry of warm clothing and footwear, as well as Social Policy explained that it is impossible medical care. SECTION 2. 23

In response to the letter to the Prime government in Donetsk regions was Minister of Ukraine from 9 February rearranged, forecast indices for 2015 2015, the Inter-Agency Cooperation budget were increased, as well as the work Headquarters for Social Protection of conducted on increasing staff capacity of Ukrainian citizens relocating form the residence facilities. temporarily occupied territories and anti- According to the regional headquarters terrorist operation regions informed the in Luhansk region, there were 186 care Commissioner for Human Rights that as recipients transferred from Popasne of 22 February 2015, there were 749 262 neuropsychiatric residence, including persons resettled directly from the 53 person evacuated outside of Luhansk territory of the anti-terrorist operation in region (24 persons to Kharkiv region, Donetsk and Luhansk regions, including 29 persons to Kirovohrad region), and 135 891 children and 337 395 persons with 133 persons temporarily located within disabilities and elderly people. Luhansk region (14 women in cities of According to information from the Regional Svatove and Kreminna, 77 persons – in headquarters in Donetsk region, there were Dmytrivka neuropsychiatric residence, and 19 children transferred from Dzerzhynsk 42 persons in Druzhkivka facility). These center for social and psychological include persons who had not agreed to rehabilitation of children (CSPRC) with leave the territory, as well as bedridden subsequent placement of 14 children with patients and persons with restricted Slovyansk CSPRC and 5 with Kramatorsk mobility with medical contraindications for shelter for children. There were 45 children long-distance transfers.] transferred from Artemivsk regional On 16 February 2015, the Cabinet of children’s home to Kharkiv children’s home Ministers of Ukraine submitted a draft Law #3 and 3 children – to Kharkiv regional of Ukraine “On Amendments to the Law of clinical children’s hospital. Ukraine ‘On the State Budget of Ukraine for Following undertaken measures, 54 2015’” that followed recommendations by residents of youth units of Druzhkivka the Commissioner for Human Rights from residence facility requested transfer to the letter to the Prime Minister of Ukraine residence facilities in Dnipropetrovsk, Kyiv, on 9 February 2015. In particular, it relates Mykolayiv, Ternopil, Kharkiv, and Cherkasy to redistribution of funds from Luhansk and region. Donetsk regional budgets to local budgets and funding for care recipients and staff Relevant documentation for referrals of evacuated facilities on the territories of to residence facilities for the youth unit their actual transfer destinations. residents were sent to social protection units in these regions accordingly. The bill suggests including Article 29 into the Law of Ukraine ‘On the State Budget of Upon receiving referrals, the residents will Ukraine for 2015’ whereby the Cabinet of be transferred to residence facilities of the Ministers receives powers for distribution said regions. and redistribution of educational, medical, Following recommendations of the and vocational training subventions to Commissioner for Human Rights, the bed- ensure servicing citizens who relocated capacity system of boarding facilities on from the temporarily occupied territory the territories controlled by Ukrainian and regions of the anti-terrorist operation. 24 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

In addition, the Ministry of Finance temporarily occupied territory. developed and submitted for the The state of observance of rights government’s review a draft resolution and freedoms of persons in places of of the Cabinet of Ministers of Ukraine “On detention on the territory of anti-terrorist the Procedure of inter-budget transfers for operations is under constant supervision local budgets in localities of Donetsk and by the Commissioner. Regular visit to Luhansk regions on the territory of anti- these facilities will continue in 2015 and terrorist operation”. serve as basis for the Special Report of the The Procedure provides for redistribution Commissioner for Human Rights “State of withheld inter-budget transfers from the of Observance of Rights and Freedoms of state budget to local budgets of localities Persons in Places of Detention in the Zone of on the temporarily occupied territory Anti-Terrorist Operation”. through increase of inter-budget transfers to local budgets of destination localities of end-service users form localities on the SECTION 3. 25

CHAPTER 3. KEY PERFORMANCE INDICATORS FOR THE NATIONAL PREVENTIVE MECHANISM IN UKRAINE IN 2014

3.1. Number and typology of places of detention in Ukraine. Dynamics of monitoring visits during 2012-2014

The total number of institutions that can issue. For instance, the staff of the NPM be formally classified as places of detention Department in cooperation with experts of in Ukraine is fluctuating. For instance, the Association of Independent Monitors the number of military units decrease by and Kharkiv Institute for Social Research twofold due to cancellation of draft – from with the support from UN Children’s Fund 386 in 2013 to 158 in 2014. There has been (UNICEF) visited all 6 juvenile correctional a threefold decrease in number of shelters facilities of the State Penitentiary Service for children under the Ministry of Social of Ukraine (SPSU). Following monitoring Policy of Ukraine – from 42 in 2013 to 12 visits, a Special report of the Commissioner in 2014. At the same time, other types for Human Rights on the rights of children of facilities came in sight of the national in detention facilities of the SPSU was preventive mechanism (NPM) in 2014 – developed. narcological clinics and hospices that can Table 1 provides official statistic on the also be considered places of detention. number of places of detention obtained There is a separate formal questionnaire for by the Secretariat of the Commissioner each type of places of detention to be filled for Human Rights from relevant ministries out by each member of a monitoring group. and agencies, as well as qualitative data During 7 working days following the visit, for monitoring visits during the past three a detailed report is prepared containing years. description of identified violations of rights and freedoms and recommendations for mitigation. All reports are necessarily sent to the head of the relevant ministry or agency for appropriate response measures. Further, the NPM Department monitors implementation of recommendations provided based on visit findings. In addition to general visits, there are also thematic visits for the purposes of detailed examination of a particular 26 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Typology and overall number of places of detention in Ukraine

№ Subordination Type of institution Number of institu- Visited during the year tions 2012 2013 2014 2012 2013 2014 Total Total In- clud- ing re- peat visits 1 State Migration Temporary accom- 2 2 2 1 1 2 Service modation centers for foreigners and stateless persons who are stay- ing in Ukraine illegally

2 State Fiscal Ser- Territorial units of the 160 56 26 vice of Ukraine State Fiscal Service (Ministry of Revenue and Duties) 3 State Border Temporary detention 10 11 10 2 4 1 7 Guard Service of facilities Ukraine Special premises for 75 75 53 1 4 2 7 temporary custody of offenders apprehended under administrative law. Places of custody for 3 2 1 2 persons denied entry to Ukraine 4 State Peniten- Correctional colonies 9 9 8 2 4 2 8 tiary Service of (maximum level of Ukraine security) Correctional colonies 76 76 60 11 13 5 29 (medium level of se- curity) Correctional colonies 27 27 22 5 3 1 9 (minimum level of security) Correction center 23 24 21 1 1 2 Juvenile correctional 8 7 6 1 7 1 8 facility Remand prisons “SIZO” 33 33 29 11 17 10 38 (penitentiary facilities) Specialized health 6 6 4 institutions 5 State Court Courts 489 692 637 22 7 29 Administration of Ukraine SECTION 3. 27

6 Ministry of “Avtozaks” 922 674 649 2 9 1 12 Internal Affairs Special rail cars (vagon- 29 29 27 1 1 of Ukraine zak) Special wards at medi- 587 587 508 2 2 cal institutions Temporary holding 462 437 393 26 30 16 1 72 facilities (THF) Premises for appre- 1303 1175 1089 45 53 28 4 126 hended and detained persons at the duty units of the bodies of internal affairs Reception centers for 18 13 12 1 2 3 juveniles Special reception cen- 27 26 18 8 2 1 1 11 ters for persons under administrative arrest 7 Ministry of Childcare residences 55 55 49 10 11 8 5 29 Social Policy of Residence and retreat 117 117 97 4 6 6 2 16 Ukraine facilities Neuropsychiatric resi- 152 152 144 8 21 10 1 39 dences In-patient units of ter- 348 355 2 6 4 12 ritorial centers of social services Centers for social and 58 86 82 1 1 2 psychological rehabili- tation of children Shelters for children 58 42 12 1 1 Children’s homes 46 45 46 4 3 4 11 Psychiatric (neuropsy- chiatric) hospitals and 98 86 84 12 17 10 3 39 Ministry of centers of forensic psy- 8 Health of chiatric examination Ukraine Narcological clinics 40 3 1 3 Healthcare institutions providing palliative 60 8 8 care, hospices 28 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

General education boarding schools, including schools for 72 64 47 1 3 4 orphans and children deprived of parental care General education schools of social reha- 6 6 4 2 2 4 Ministry of Edu- bilitations 9 cation and Sci- Vocational training ence of Ukraine school of social rehabil- 3 2 2 2 2 itation General education health care boarding 66 71 71 1 7 1 9 schools General education 359 334 338 3 12 6 2 21 boarding schools

Children’s homes 104 94 64 1 1 Guardhouses 4 2 1 1 2 1 1 4 Disciplinary battalions 1 1 1 1 2 3 Psychiatric clinics of 4 4 4 1 1 1 2 Ministry of De- military hospitals 10 Rooms for temporarily fense of Ukraine 18 32 30 2 2 detained Special wards of mili- 14 8 6 1 1 tary hospitals Military units 337 386 158 1 2 3 Specially designated areas for temporary Se- detention (temporary 11 curity Service of 1 1 1 1 1 holding facilities) of Ukraine the Security Service of Ukraine Total 6187 5902 4915 170 263 152 24 585

According to data in Table 1, number of monitoring visits in 2014 is significantly lower than the number of 2013 (152 and 263 accordingly). The discrepancy is related, first of all, to dramatic events that started in 2013 and exacerbated during last year. As noted above, during first months of last year the NPM Department was performing uncharacteristic functions – urgent verification of information on human rights violations in different institutions, response to concrete complaints about torture and ill-treatment of activists of the Revolution of Dignity etc. As a result, the Department resumed full-scale monitoring visits only in May 2014. Figure 3 and Table 2 provide statistical breakdown by ministry (agency) and region of Ukraine. SECTION 3. 29

Number of visits to places of detention in Ukraine by region (2014)

Region SMS1 SBGS2 SPS3 SCA4 MIA5 MSP6. MOH7 MOES8 MD9 Total

Kyiv 2 1 3 12 3 7 1 3 32 Vinnytsya region 8 1 1 10 Volyn region 1 2 3 Dnipropetrovsk 1 1 2 region Donetsk region 2 2 Zhytomyr region 2 1 1 1 5 Zakarpattya 2 2 1 5 region Zaporizhzhya 4 3 7 region Kyiv region 1 1 6 1 1 10 Kirovohrad region 4 4 Luhansk region 1 2 1 4 Lviv region 3 1 2 1 5 2 14 Mykolayiv region 5 1 2 8 Odesa region 2 1 3 6 Poltava region 1 1 2 Rivne region 1 1 2 Sumy region 1 5 6 Ternopil region 1 1 2 Kharkiv region 2 5 7 Khmelnytsky 1 2 3 region Cherkasy region 2 3 3 1 9 Chernivtsi region 1 1 2 Chernihiv region 1 2 1 3 7 Total 1 5 25 7 49 29 25 7 4 152

1234 56 789 See Figure 3.1. for comparative data on visits (2012-2014) with breakdown by ministry and agency responsible for places of detention. 5 Ministry of Internal Affairs of Ukraine. 1 State Migration Service of Ukraine. 6 Ministry of Social Policy of Ukraine. 2 State Border Guard Service of Ukraine. 7 Ministry of Health 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. 30 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Figure 3.1. Comparative data on visits with breakdown by ministry and agency responsible for places of detention (2012-2014)

49

29 25 20 7 7 9 1 5 4 SMS SBGS SPS SCA MIA MSP МОN МОES МD SSU

3.2. The role of the public in NPM implementation4 in Ukraine National preventive mechanism in Ukraine and, accordingly the NPM Department functions in the Ombudsman+ format. supported the suggestion. The key Our “+” is the public, representative of characteristic feature of these settlements NGOs and activists-volunteers who take is that they appear and disintegrate very part in regular monitoring visits with the quickly, and often constitute a volunteer representative of the Commissioner for initiative independent from the state. Human Rights. Indeed, people in these facilities have no other place to seek rescue. In addition, However, contribution of civil society into a large number of IDPs are children development of the NPM is not limited to and persons in need of care (including visits to places of detention. medical) – the elderly, persons with Challenges in 2014 disabilities, pregnant, and persons with illnesses. Settlements are often created in One of the outstanding features of visits buildings and territories not equipped for to places of detention during 2014 was simultaneous stay of adults and children, the extreme conditions for monitoring. i.e. children’s camps, boarding schools etc. Therefore, there was a need to adjust Some buildings require refurbishments; principles of operation, safety, as well as there are no heating systems or sufficient review the list of places of detention. amount of furniture. In addition, Following a suggestion by Kharkiv accommodation of IDPs, particularly Institute for Social Research (KhISR), children, automatically creates the need for places of forced accommodation for staff services, from cooks to psychologists persons resettled from the territory and pedagogues. of anti-terrorist operation (IDPs) were Experts of the “All-Ukrainian Network included into the list of NPM monitoring of PLWH” ACO took part in meetings sites. The Commissioner for Human Rights SECTION 3. 31 initiated by the Commissioner for Human were invited as experts to a training on Rights on issues related to functioning of monitoring the right to medical care in SIZO places of detention in ATO zone. Results organized by KhISR and the Association of monitoring in correctional colonies and of Independent Monitors (AIM) in remand prisons in Donetsk and Luhansk cooperation with the Ukrainian Parliament regions on the territory controlled by Commissioner for Human Rights. The Ukraine were presented at the meetings. training for NPM monitors included sections Results of monitoring by human rights on specifics of antiretroviral therapy, organizations were forwarded to the NPM antitubercular treatment and substitution Department for appropriate response maintenance therapy in remand prisons. measures. In June 2014, the Network of PLWH in Training cooperation with the KhISR conducted an introductory training in Kyiv for regional A joint project of the Helsinki Foundation staff of the All-Ukrainian Network of for Human Rights (Warsaw), the NPM PLWH on NPM functioning in Ukraine and Department and public organization specifics of monitoring the right to medical M’ART “Increasing the standard of care in penitentiary facilities. protection of rights of children placed in isolation and care facilities in Ukraine” Development of online tools supported by the International Solidarity In 2014, Kharkiv Institute for Social Fund of the Ministry of Foreign Affairs Research initiated development of of Poland included professional training an integrated online platform for for public and state NPM monitors and generalization of data on all places of development of research toolkit for detention in Ukraine. monitoring of facilities for rehabilitation and trusteeship system where children The map allows for not only viewing reside. Preparation process included the list of all places of detention, but training, distance learning, study visit to also selecting the necessary facilities by Poland and a final meeting where results region, jurisdiction, type, visits, and date were presented. (entire period or specific year and month). The page is a useful tool for planning PO M’ART has developed and held a and evaluation of NPM monitoring, as pilot basic course for NPM monitors. well as cooperation with all 10 ministries Methodological recommendations and agencies responsible for places of developed during pilot stage were detention, discussion of conditions, as well suggested for implementation in the as lobbying for positive change. The project system of selection and training of monitors was implemented with the support of the in the future. During 2015, representatives UN Development Program in Ukraine and of PO M’ART have planned a series of ISAR Ednannia. specialized training for development of qualifications of public monitors and staff The need for consolidation of large of the NPM Department with the support of quantities of data on monitored facilities, the International Renaissance Foundation. visit reports, as well as acts of response to these reports by state authorities motivated In spring of 2014, experts of the “All- the Association of Ukrainian Human Ukrainian Network of PLWH” ACO Rights Monitors on Law Enforcement 32 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

(Association UMDPL) in cooperation with Ukrayinska Pravda and Dzerkalo Tyzhnya. NPM Department to establish an online HRIC reporters also covered activities of database. the NPM and problems of human rights observance in places of detention on www. Completion of database development is humanrights.org.ua scheduled for 2015 with the support of the International Renaissance Foundation. It Expert work will include thee key units of information: Experts of Kharkiv Institute for Social 1) visits reports (with an option to fill out a Research in cooperation with the NPM report by the monitoring group online); Department developed a project of 2) information on all places of detention in standard minimum rules for the treatment Ukraine (with basic information on each of persons in social places of detention. facility and history of visitation), and 3) These standards will not only allow for information on conducted trainings for recording of conditions of stay by monitors, monitors (including information on training but also for evaluation in accordance with participants and level of preparation of generally accepted norms. These standards each NPM monitor). were subject to wide discussion among Informational support both public monitors and staff of the NPM Department of the Commissioner for The Human Rights Information Center Human Rights, as well as the staff of places (HRIC) provided significant informational of detention and representatives of state support for NPM activities in 2014 through authorities responsible for oversight. These development of textual and multimedia events were held with the comprehensive content for the www.npm.org.ua website support of the UN Development Program (in Ukrainian and Russian) and social in Ukraine and ISAR Ednannia. Experts networks: NPM Facebook page and Twitter of KhISR suggested a separate set of account. standards for the treatment of children On 24 June 2014, before the International in detention with the support of UNICEF. Day in Support of Victims of Torture, in These are based, first of all, on numerous cooperation with the Secretariat of the international norms, including binding Ukrainian Parliament Commissioner for conventions and recommendations. Human Rights, a press conference “Annual International experience was also taken report of the national preventive mechanism: into account, in particular criteria for what is happening behind closed doors?” assessment of treatment of children in was held. The press conference included detention facilities developed by the HM presentation of the monitoring of human Inspectorate of Prisons (UK). In the UK, they rights observance in places of detention constitute an open set of general criteria, in 2013, and the media received unique subject to discussion and amendments, evidence on conditions and treatment of which need to be considered in the course persons in these facilities. of monitoring. Journalists of the Human Rights In April 2014, representative of the “All- Information Center developed a serious of Ukrainian Network of PLWH” ACO joined opinion articles on human rights in places the Expert council for realization of the of detention and activities of the national national preventive mechanism (NPM) of preventive mechanism published by the Commissioner for Human Rights. This SECTION 3. 33 allowed the NPM to receive expert support to relevant institutions. The manuals are on fulfilment of the right to medical care aimed at generalizing and structuring for patients in places of detention. the experience of monitoring places of detention, providing description of the Methodological tools and other most effective methods of monitoring in publications order to increase effectiveness of NPM work Following working meetings with NPM on identification and recording instances monitors in 2014, KhISR experts developed of torture and cruel treatment. “A guide on organization of NPM visits and Establishment of an initiative group of development of reports” that includes NPM monitors methodological recommendations on visiting places of detention, possible Idea of establishing an initiative group issues that the monitor can encounter of monitors appeared in December 2014 during visits, as well as their solutions, during a working meeting of NPM monitors. and recommendations on interviews and A group of active monitors from different development and approval of visit reports. cities and organizations, Oleksandr Hatiyatullin, Maryna Homenyuk, In addition, the Catalogue of Social Places Valentyna Volyk, and Vira Yakovenko, of Detention in Ukraine was updated undertook the development of ideas for and published due to KhISR efforts. The coordination between all NPM participants. catalogue contains contact information for For HRIC, a participant in the process, this all places of detention under the Ministry cooperation presented a new challenge as of Social Policy of Ukraine, the Ministry the Center’s team undertook arrangement of Health of Ukraine, and the Ministry of of internal communications for the first Education and Science of Ukraine. time. The work was made possible due to Following monitoring of the rights of organizational and financial support of the the child in correctional facilities by Human Rights and Justice Program of the KhISR experts with experts from the International Renaissance Foundation. NPM Department, a Special NPM report One of the first suggestions of the group “Observance of the rights of children in was conducting cluster meetings for juvenile correctional facilities of the State monitors from the eastern, western, central Penitentiary Service of Ukraine” was and southern regions. developed. The monitoring was supported by the UN Children’s Fund (UNICEF) in These events allowed for evaluation of Ukraine and the European Commission the potential of monitors’ community, in the framework of a joint project verification of the actual number of “Consolidation of Juvenile Justice Reforms public monitors prepared for further against Torture and other Forms of Ill- participation in NPM activities, as well as Treatment of Children in Former Soviet their qualifications. Countries”. We can state now that this systemic work The Association UMDPL began creates solid foundation for a new quality development of methodological guidance level of self-organization of the community on specifics of monitoring places of and its activities for preventing torture and detention in the MIA and SPSU systems cruel treatment in places of detention in to be used by NPM monitors during visits Ukraine. 34 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Activities of the Expert Council on NPM conducted visits and information of state authorities on measures The Expert council for realization of the following monitoring results, as well as national preventive mechanism (NPM) electronic map of places of detention; held two meetings during 2014 with the following issues on their agenda: • Development and implementation of social standards for persons in places • Approving the Special report of the of detention within the system of the Ukrainian Parliament Commissioner for Ministry of Social Policy etc. Human Rights on NPM implementation in 2013; On 28-29 November 2014, at a working meeting of initiative members of the • Approving the Annual plan of NPM Expert Council, a comprehensive analysis development in 2014; of the Council’s activities was conducted • Improvement of the NPM website and along with identification of options for its harmonization with the relevant optimization of its work. In particular, the page of the Commissioner’s website; following was suggested: • Amendments to the Regulations on • development of an actual work plan Expert Council in relation to more for the Expert Council with concrete active involvement of its members in definition of responsibilities of selection and training of future pubic each member in implementation of monitors; activities; • Involvement of regional • conduct of regular meetings of the representatives and regional PR Council (at least one per every quarter); coordinators of the Commissioner for Human Rights into independent • Improvement of communication monitoring visits; between members of Expert Council; • Development and implementation • Update the composition of the Expert of electronic database of visits Council by including representatives of aggregating both reports on the monitors’ community. 3.3. Activities of regional representatives and regional public relations coordinators of the Ukrainian Parliament Commissioner for Human Rights in the field of monitoring places of detention Regional representatives of the Commis- preventive mechanism in 2014. sioner for Human Rights, as well as regional In 2014, regional coordinators worked in PR coordinators of the Commissioner for ten regions: Cherkasy, Chernihiv, Zapor- Human Rights, who are performing func- izhzhya, Rivne, Luhansk, Ternopil, Kiro- tions of regional representatives in accor- vohrad, Mykolayiv, Poltava, and Odesa re- dance with the Memorandum of Coopera- gions. tion between the Commissioner for Human Rights and the Association of Ukrainian Hu- Until 2014, regional coordinators visited man Rights Monitors on Law Enforcement various places of detention as monitors (Association UMDPL), provided significant together with the staff of the Secretariat support implementation of the national of the Commissioner or with the purpose SECTION 3. 35 of verifying specific information on hu- Ternopil region, Mykolayiv remand prison, man rights violations. However, given an Nizhyn childcare residence in Chernihiv extremely large number of places of de- region, Chernihiv correctional colony #44, tention (over 6000) and the subsequent Lutsk remand prison, Starobilsk remand need for increase in regularity and number prison, specialized general education of monitoring visits, in 2014 the Commis- boarding school for children with hearing sioner made a decision on vesting region- impairments in Lviv, as well as other facil- al coordinators with the right to conduct ities where persons are held against their independent visits to places of detention will. with public monitors who had undergone The monitoring was conducted with the appropriate training and received the Com- use of an integrated NPM methodology, missioner’s assignment. and its results were forwarded to the NPM During 2014, regional representatives and Department for analysis and further re- PR coordinators conducted 62 visits to sponse. places of detention, including 50 visits by Examples of violations of human rights and regional coordinators and 12 by regional freedoms identified by regional coordina- representatives. tors during monitoring visits are presented Places of detention of different types were in the next chapter of this Report within subject to monitoring: Smila psychiatric the analysis of monitoring results for each hospital, Smila neuropsychiatric residence, ministry and agency. Sosnivsky district court of Cherkasy city, Horodyshche district department of the MIA Directorate in Cherkasy region and its THF, Kozyatyn district department of the MIA Directorate in Vinnytsya region and the department’s THF, Nemyriv district department of the MIA Directorate in Vin- nytsya region and the department’s THF, Zhmerynka district department of the MIA Directorate in Vinnytsya region and the department’s THF, Starokostyantyniv dis- trict department of the MIA Directorate in Khmelnytsky region and its THF, Khmilnyk district department of the MIA Directorate in Vinnytsya region and its THF, Rotmis- trivka residence for elderly persons and persons with disabilities, Chyhyryn district court of Cherkasy region, in-patient unit of the territorial center of social services of Chyhyryn district, Odesa remand prison of the SPSU Directorate in Odesa region, Ode- sa childcare residence, THF of Odesa city directorate of the Main MIA Directorate in Odesa region, Chortkiv remand prison of the SPSU in Ternopil region, Berezhany cor- rectional colony of the SPSU Directorate in 36 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Figure 3.2. Qualitative data on visits by regional coordinators in the framework of implementation of the national preventive mechanism

10 9 9 8 8 7 7 6 6 5 55 5

4

3 22 2 1 1

0

Rivne regio Lugansk regio Ternopil regio Poltava regio Odesa regio Cherkasy regioChernihiv regio Mykolayiv regio Zaporizhzya regio Kirovograd regio SECTION 4. 37

CHAPTER 4. MONITORING PLACES OF DETENTION: FINDINGS, BY MINISTRIES AND AGENCIES

4.1. Results of monitoring of institutions of the Ministry of In- ternal Affairs of Ukraine

OVERVIEW OF PLACES OF DETENTION SUBORDINATE TO THE MINISTRY The network of detention places within persons subjected to administrative the structure of the Ministry of Internal arrest (accommodated 4 714 arrestees Affairs remains the largest in comparison during the year); with other agencies. The so-called “official • 12 reception centers for juveniles, places of detention” include facilities that which accommodated 59 minors are equipped holding persons, and the during the year; special transport means for convoying • 508 special wards at medical apprehended, detained persons, and institutions, which accommodated convicted persons. 400 patients, during the year. There are also the so-called “unofficial” The largest number of detainees of MIA places of detention under the MIA’s facilities are held in temporary holding responsibility that include offices of field facilities. However, since 2011 there has officers and investigators, interrogation been a tendency towards reduction of the rooms, as well as any other premises on the territory of the bodies of internal affairs number of such detainees and number of where persons can be held against their remand prisons. will. In 2014, there were 717 city, district The annual number of THFs and persons and line (on the railroad) units of internal detained therein (2008-2014) is reflected affairs bodies. on Figure 4.1. As of 1 January 2015, the specially equipped holding facilities include: • 1089 premises for apprehended and detained persons at duty units of the police authorities of Ukraine, used to hold 1 950 persons during the year; • 393 temporary holding facilities (used to hold 94 896 persons during the year); • 18 special reception centers for 38 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Figure 4.1. The annual number of THFs and persons detained therein (2008-2014)

Number of THFs

Number of 393 persons (in thousands)

94,896

2014

Since in 2014 some of the special facilities 44 THFs, 8 special reception centers for are located on the territory outside of persons under administrative arrest, as control of Ukrainian state authorities, as well as 1 reception center for juveniles well as given the decrease in the number of were shut down only in 2014. There are 12 detainees in THFs and the lack of significant functioning reception centers for juveniles budget funds for refurbishments to meet at the moment. national and international standards,

Figure 4.2. Number of special MIA facilities (2008-2014)

Special reception centers for persons under administrative arrest

Reception centers for persons apprehended for vagabondism

Reception centers for juveniles

2014 SECTION 4. 39

Figure 4.3. Annual number of persons in custody of special MIA institutions (2008-2014)

Special reception centers for persons under administrative arrest

Reception centers for persons 4714 apprehended for vagabondism

Reception centers for juveniles

59

2014

Special transportation means for STATISTICS ON VISITS TO PLACES convoying apprehended, arrested and OF DETENTION OF THE MIA IN 2014 convicted persons include: In 2014, staff of the NPM Department • special rail cars ST (vagonzaks, “Stolypin and representatives of the public cars”); visited 49 places of detention under • special vehicles of MIA (avtozaks); the jurisdiction of the MIA of Ukraine, • special vehicles of the National Guard of including: Ukraine (“avtozaks”). • 28 city, district and line bodies of The total count of individuals transported internal affairs; by special transport means during 2014 • 16 THFs; constituted 584 284 persons but this • 1 special reception center for persons number includes the same individuals who under administrative arrest; in the course of the year were transported • 2 special wards in medical institutions. several times and by different transport In addition, one special rail car ST and means. For instance, delivery of one person special vehicle for transportation of from a remand prison (THF) to court and apprehended, detained and convicted back counts as two, and throughout the persons were checked. year there can be several court hearings in the person’s case. 40 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Figure 4.4. Number of authorities, units and special facilities of the MIA visited in 2012-2014

53 45

30 26 28 16 9 8 1 2 2 1 2 1 1 2 THF MRLOSCRCSСV C RC SW

2014

THF – temporary holding facility; detained and convicted persons; MRLO - city, district and line bodies of internal affairs; SC - special reception center for persons under administrative arrest; CRC – reception center for children; SRC– special rail car for transportation of apprehended, SV – special vehicle for transportation of apprehended, detained and convicted persons; SW – special wards in medical institutions. Table 3. Number of bodies, units and special MIA institutions visited during 2014 (by region)

Region SV THF MRLO CRC SRC SW Total Kyiv 2 9 1 12 Vinnytsya region 4 4 8 Zhytomyr region 1 1 Kyiv region 3 3 6 Kirovohrad region 1 1 1 1 4 Lviv region 2 2 Mykolayiv region 1 4 5 Odesa region 1 1 Sumy region 2 2 1 5 Khmelnytsky region 1 1 2 Cherkasy region 1 1 1 3 Total 1 16 28 1 1 2 49 Six repeat visits to authorities and units of internal affairs were conducted for evaluation of implementation of recommendations from previous visits in 2014. SECTION 4. 41

VIOLATIONS AND SHORTCOMINGS was sent to the prosecutor of Kyiv. In the IDENTIFIED DURING MONITORING absence of response to the address, the Commissioner notified the Office of the VISITS TO PLACES OF DETENTION Prosecutor General of Ukraine. UNDER THE MIA OF UKRAINE In addition to cases of torture and cruel Torture and cruel treatment treatment discovered during monitoring Despite numerous acts of response by visits to the city, district and line bodies of the Commissioner on instances of torture internal affairs, the Commissioner regularly and cruel treatment, this despicable receives applications from citizens on the phenomenon still exists in the practice of facts of torture and cruel treatment by law law enforcement bodies. For instance, on enforcement officials for the purposes of 14 October 2014, upon assignment from obtaining confessions the Commissioner for Human Rights to the As a rule, these applications include regional PR coordinators, the latter visited concrete data on how the person was the temporary holding facility of Odesa treated (assaulted or humiliated, in which city directorate of the Main MIA Directorate manner and with what tools, when and in Odesa region. During interviews with with what purpose etc.). Sometimes detainees of the facilities, the apprehended these applications includes copies of K. manifested bodily injuries in the form of medical certificates and photographs bruises on his wrists. of consequences of torture. Therefore, The latter said that he had been assaulted these applications contain evidence by police officers at the local point at of criminal offences under article 127 Pryvoz market in Odesa, held handcuffed of the CC of Ukraine (willful causing of to a bench at the internal affairs unit for severe physical pain or physical or mental six hours, and practically was deprived of suffering by way of battery, martyrizing the possibility to move and satisfy natural or other violent actions for the purpose of needs. In addition, his right to see an inducing the victim or any other person attorney prior to first interrogation was to commit involuntary actions, including violated. receiving from him/her or any other person information or confession) that provides The review of the act of response by for criminal responsibility. the Commissioner prompted pre-trial investigation by the Prosecution Service in In accordance with paragraph 1 of Chapter Odesa region into this case, which is under XI “Transitional Provisions” of the CPC of the Commissioner’s monitoring. Ukraine, until entry into force of Article 216 of the CPC of Ukraine, which provides Cruel treatment of a juvenile was identified that pre-trial investigation of criminal during a visit to Kyiv remand prison. A minor offences committed by law enforcement Ch. Who was held at the remand prisons officials is held by the state investigation manifested bodily injuries in the form of bureau, powers of pre-trial investigation bruises on arms and legs. Ch. explained that of criminal offences by law enforcement he sustained bruising during convoying to officials are vested with the investigators of the court as a result of cruel treatment by prosecution authorities. convoy officials (they were dragging him handcuffed down the stairs, which led to In addition, the Law of Ukraine “On multiple bruising). Relevant address in Prosecution” provides that prosecution relation to this fact by the Commissioner authorities are responsible for oversight 42 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

of compliance with the law by authorities (reg. no.1.-790/14-66 dated 16.04.2014). conducting operational and detective However, the said violations persist. activities, inquiry, pre-trial investigation, Cruel or degrading treatment during as well as in cases of the use of coercive transportation in special carts for measures related to restrictions of citizens’ transportation of apprehended, detained, liberty. and convicted persons For the above reasons, as well as due to the fact that the legislation does not allow the Commissioner to enter data on criminal offences into the ERDR and conduct pre-trial investigation, the citizens’ complaints with information about torture are referred to the prosecution authorities pursuant to Article 60 of the CPC of Ukraine (notification of crime) for entry into the ERDR and adequate investigation. However, in most cases prosecution officials ignore the requirements of the Criminal Procedure Code and review petitions that contain information about Convoying persons in special cars even crimes in accordance with the Law of for short distances can amount to cruel or Ukraine “On Citizens’ Petitions”. As a rule, degrading treatment. the prosecution official justify such actions For instance, persons subject to convoy by the fact that during examination they are forced to stay in extremely small cells fail to find objective data on criminal (“large” cell – 3.5 sq. m, “small” cell – 2 sq. offences as defined by article 11 of the m) for long periods (from several hours to CC of Ukraine. In addition, in certain cases several days). In addition, current national they forward petitions to the bodies standards allow for placement of up to 12 actions of which are subject to complaint. persons in a large cell in case of the travel Therefore, prosecution officials deprive duration exceeding 4 hours (space for one victims of torture and cruel treatment of person constitutes 0.29 sq. m), or 16 persons effective investigation and prosecution of in cases where such travel does not exceed perpetrators. 4 hours (space for one person constitutes The Commissioner has addresses the 0.22 sq. m). It is permitted to accommodate Prosecutor General of Ukraine with multiple up to 5 persons in a small cell when the trip petitions on violations by prosecution lasts for over 4 hours (space for one person officials of the city of Kyiv, Kharkiv and constitutes 0.4 sq. m), or 6 persons where Sumy regions of the rights of citizens to the trip does not exceed 4 hours (space for effective investigation of ill-treatment in one person constitutes 0.33 sq. m). accordance with the ECHR case law (reg. In addition, there is no natural or artificial no. 1.-1293/14-66 dated 08.07.14 №), and lighting in the cells. The light only comes on ineffectiveness of investigation of into the cell from the hallway. instances of torture and ill-treatment by prosecution officials of Cherkasy region SECTION 4. 43

Small cell for 5-6 persons

Large cell for 12-16 persons

Upon the Commissioner’s initiative, the representatives of the Secretariat of the Prime Minister of Ukraine created an inter- Commissioner for Human Rights, Ministry agency working group on the protection of Finance of Ukraine, the Secretariat of of rights and freedoms of convicted and the Ukrainian Government Agent before detained persons that take part in court the European Court of Human Rights, the hearings. The group was created with the Ministry of Justice of Ukraine, the State purpose of ensuring observance of the Penitentiary Service of Ukraine, the State rights and freedoms of detained persons, Court Administration of Ukraine, the in particular during convoying by railway or Ministry of Infrastructure of Ukraine, the automobile transport. The group includes Department of Public Safety of the MIA of 44 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Ukraine, and the Convoy Department of According to article 208§1 of the CPC the Main Directorate of the National Guard of Ukraine, a competent official has the of Ukraine. right to apprehend without investigating A regular meeting of the inter-agency judge’s, court’s ruling only in two cases: group took place on 24 October 2014. - If the person was caught while It included, in particular, discussion of committing a criminal offence or introducing unified standards on convoying making an attempt to commit it; and equipment of special vehicles in - If immediately after the commission accordance with international standards. of crime, an eyewitness, including the In addition, participants discussed a victim or totality of obvious signs on possibility of organizing convoying of the body, cloth or the scene indicates convicted and detained persons exclusively that this individual has just committed by automobile transport. the crime. In addition, the Ministry of Internal If a person was not committed during Affairs of Ukraine, the State Penitentiary commission of crime or immediately after, Service of Ukraine, the State Railway the only legal ground for apprehension a Administration “Ukrzaliznytsya” and the persons suspected of committing a crime Ministry of Justice of Ukraine were offered is a ruling by investigating judge or court to review the possibility of including for the purposes of assigning a restraint relevant amendments into the current legal regulations with the purpose of measure. harmonizing conditions of transportation Therefore, actions of a competent official by special means of transport with apprehending a person without a ruling international standards and with the view of by investigating judge or court following analysis of transportation dynamics, ECHR long period after commission of crime can case law and the CPT recommendations. be qualified as a crime against justice. In Illegal apprehension without a ruling by addition, the said actions can be viewed investigating judge, or court following a as knowingly unlawful apprehension, long period after commission of a crime taking into custody, arrest or detention constituting a crime under Article 371 of Results of monitoring MIA activities show the Criminal Code of Ukraine and providing that, despite requirements of the criminal for criminal liability. procedure legislation, law enforcement officials apprehend persons suspected However, the inspection of the grounds of crimes without proper court ruling. In for apprehension of persons in places of addition, a large number of apprehensions detention revealed multiple instances of takes place after a long period (in certain unlawful apprehensions, including those cases several days or even months) after of minors, without investigating judge’s, the commission of an alleged crime, which court’s ruling following long period (from constitutes gross violation of Article 208 several hours to several months) after of the CPC of Ukraine. The said article commission of crime. provides an exhaustive list of cases when a For instance, on 10 July 2014, monitoring competent official can apprehend a person of observance of the rights of minors without a ruling by investigating judge or apprehended by the bodies of internal court. affairs of Kyiv and Kyiv region took place. SECTION 4. 45

At the time of inspection, juveniles were city court of Kyiv region M. dated 12 April already in Kyiv remand prison. According 2014 on assignment of a restraint measure to the report on apprehension of H. (born states that the alleged crime occurred on 1997), he was apprehended on 09 April 4 April 2014. Therefore, apprehension of a 2014 at 22:00 at Brovary city department of minor without a ruling of an investigating the Main MIA Directorate in Kyiv region. A judge or court took place five days after ruling of the investigating judge of Brovary commission of alleged crime. 46 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Similar violations took place during place on 18 June 2014. Consequently, apprehension of a minor L. (born 1997). apprehension of a minor without a ruling The report on apprehension states that he of an investigating judge or court took was apprehended on 20 June 2014 at 23:22 place 2 days after the alleged crime. at the premises of investigations unit of Another typical example of apprehension Shevchenkivske district directorate of the in violation of these requirements Main MIA Directorate in Kyiv (office 312) by was found at Shevchenkivske district an investigator of the district directorate T. directorate of the Main MIA Directorate At the same time, the alleged crime took in Kyiv. SECTION 4. 47

The crime for which the person was • Svyatoshyn district directorate of the apprehended took place on 23 October 2014. Main MIA Directorate in Kyiv; Apprehension took place on 09 December • Khmilnyk city department of the MIA 2014 (more than 1.5 months after the crime). Directorate in Vinnytsya region; Unlawful apprehensions without a • Territorial police unit #4 Dniprovske ruling by investigating judge/court district department of the Main MIA following a long time after occurrence of Directorate in Kyiv; a crime were identified in the following • Railway unit of Lviv city directorate of the IAB: Main MIA Directorate in Lviv region; • Kirovohrad city department of the MIA • Line department at railway station Directorate in Kirovohrad region10; Zhytomyr MIA Directorate for • Vasylkiv city department of the MIA Southwestern Railways; Directorate in Kyiv region11; • Kirovohrad city department of the MIA • Sumy city department of the MIA Directorate in Kirovohrad region. Directorate in Sumy region12; At the same time, despite the prevalence • Dniprovske regional directorate of the of these crimes, in 2014, there were no Main MIA Directorate in Kyiv; persons prosecuted for knowingly unlawful • Shevchenkivske district directorate of apprehension, taking into custody, arrest 13 the Main MIA Directorate in Kyiv; or detention12 . • Pechersk district directorate of the Main MIA Directorate in Kyiv;

Table 4. Excerpt from the Unified Crime Report (January–December 2013/2014)

Crimes against justice and other offences registered by the prosecution bodies in period 2013-2014 indictment were transferred to court to with transferred were Criminal offences where where offences Criminal presented with notice of suspicion with notice presented from criminal responsibility from proceedings were transferred transferred were proceedings Criminal offences where proceedings proceedings where offences Criminal Criminal offences where persons were were persons where offences Criminal Recorded criminal offences during the criminal offences Recorded to court with a motion for relief courtrelief to with a motion for

2013 2014 2013 2014 2013 2014 2013 2014 Knowingly unlawful apprehension, taking into 3 0 1 0 1 0 0 0 custody, arrest or detention, article 371

10 Official website of the Ukrainian Parliament 12 Official website of the Office of the Prosecutor Commissioner for Human Rights. http://www1. General of Ukraine. Unified Crime Report (January-De- ombudsman.gov.ua/index.php?option=com_con- cember 2013/2014, tab 4.17) http://www.gp.gov.ua/ tent&view=article&id=4178 ua/stst2011.html 11 http://www1.ombudsman.gov.ua/index.php?op- 13 http://www1.ombudsman.gov.ua/index.php?op- tion=com_content&view=article&id=3850 tion=com_content&view=article&id=3809 48 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Deprivation of the apprehended persons’ − According to Article 208§4 of the CPC, constitutional right to defense a competent official who apprehended the person without investigating Ensuring the right to defense immediately judge’s, court’s ruling, shall be following actual apprehension of a person required to immediately inform the constitutes one of the most effective apprehended person of his/her rights, tools for prevention of ill-treatment and including the right to involve a defense violations of other rights of apprehended counsel; person. − According to Article 213§4 of the According to Article 29 of the Constitution CPC, an officer who carried out the of Ukraine, every person, arrested or apprehension should notify the detained, shall be given an opportunity body (institution) authorized by the to personally defend himself/herself or to law to provide legal aid at no cost receive legal assistance from a defender. immediately, and in case the defense Part two of Article 62 of the Constitution of counsel fails to arrive within the period Ukraine guarantees the right of a suspect established by the law, immediately to legal assistance, and such assistance advise such body (institution). shall be rendered free of charge in cases Article 5 §8 of the Law of Ukraine “On stipulated by law (Article 59§1 of the Militsiya” establishes a duty of police Constitution of Ukraine). officers to ensure the possibility to benefit The right to defense is also enshrined from legal assistance by defender from in a number of articles of the Criminal the moment of apprehension, including Procedure Code of Ukraine: free legal assistance in accordance with the law regulating provision of such assistance. − Article 20§1 of the CPC established the right of an apprehended person In accordance with Article 14 §1(5) of the to benefit from a legal assistance of a Law of Ukraine “On Free Legal Aid”, persons defense counsel; apprehended on suspicion of crime, have − Article 20 §3 of the CPC, Article 42 the right to free legal aid. §3(3) of the CPC guarantees the right In addition, the Cabinet of Ministers to have services of a counsel provided resolution #1363 dated 28 December 2011 at the cost of the state in the cases approved the Procedure for notification stipulated for in this Code and/or the of the centers for free secondary legal law regulating provision of legal aid at aid on apprehensions of persons14. no cost including when no resources The said procedure establishes general are available to pay for such counsel; requirements and mechanism for notifying − Article 49 §1(2) of the CPC establishes centers for free secondary legal aid on an obligation for the to ensure cases of apprehension by authorities with participation of a defense counsel powers of administrative apprehension or in criminal proceedings when the apprehension pursuant to an order of law suspect, accused filed a plea on enforcement agencies, or apprehension of committing a defense counsel but for persons by pre-trial investigation agencies. reasons of lack of funds or for other objective reasons, is unable to commit one on his own; 14 http://zakon4.rada.gov.ua/laws/show/1363-2011- %D0%BF SECTION 4. 49

Moreover, Article 374 of the Criminal Code of meeting with an attorney is not Ukraine establishes criminal responsibility observed; for violating the right to defense (failure − There are obstructions of attorneys’ to provide access to a defense attorney in access to apprehended persons; a timely manner, and any other serious − Provision of advice on choosing a violation of the right of a suspected, accused particular attorney (in violation of or defendant to defense, if committed by an Article 48§1 of the CPC); inquiring officer, investigator, prosecutor or − Failure to ensure proper records of judge). notifications, in particular registry of notifications of free legal aid centers Nevertheless, despite existence of at every duty station of the bodies of imperative norms on the right to defense internal affairs etc.; in Ukraine, and criminal responsibility for − Subjects obliged to provide information violation thereof, as well as numerous violate requirements of paragraph 10 recommendations for prevention of of the Procedure adopted by the CMU violations of the right to defense provided resolution #1361 dated 28.12.2011 by the Human Rights Commissioner to the and fail to provide information on leadership of the MIA and the Office of number of apprehension and cases the Prosecutor General of Ukraine during where attorneys fail to arrive or arrive previous year, multiple violations of the later than the term established by the right to defense were regularly recorded in Procedure. 2014, including the following: − Competent officials who conduct Typical violations of the right to defense apprehension, despite legal recorded in 2014: requirements, fail to inform or inform On 30 May 2014, during monitoring visit following a long period (from several Svyatoshyn district directorate of the Main hours) the body(institution) authorized MIA Directorate in Kyiv, four apprehended by the law to provide free legal aid; persons were found in the premises for − Officers on duty of district, city and line apprehended persons and persons taken departments fail to verify whether the into custody. Interviews and verification Center for free legal aid was notified on of relevant documentation showed that apprehension of the person brought the Center for free legal aid was notified into custody, as well as fail to notify only 7 hours 30 minutes following actual the Centers upon receiving such apprehension information (this duty is established by paragraph 6.6.2 of the Instruction On 27 August 2014, during a visit to adopted by the MIA order #181 dated Zhmerynka district department of the MIA 28 April 2009); Directorate in Vinnytsya region, violations − Apprehended persons do not receive of the right to defense were discovered. For primary legal aid (no advise on the right instance, in 2014, only one apprehended to defense counsel, medical assistance, person was visited by an attorney. Attorneys the right to provide explanations or did not arrive to any other apprehended testimony or stay silent with regard to persons. The Registry of notifications of suspicion etc.); centers for free legal aid includes waivers − The right of suspects to confidential of attorney services, which constitutes a breach of Article 54 of the CPC whereby 50 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

waiver or replacement of defense counsel • Khmilnyk city department of the MIA shall take place solely in the presence of Directorate in Vinnytsya region; defense counsel after an opportunity for • Vasylkiv city department of the Main confidential communication has been MIA Directorate in Kyiv region; given. • Territorial police unit #2 of Shevchenkivske district directorate of On 20 November 2014, a visit to the Main MIA Directorate in Kyiv; Kirovohrad city department of the MIA • Zhmerynka district department 16 of the Directorate in Kirovohrad region15 showed MIA Directorate in Vinnytsya region; that competent officials of the department • Territorial police unit #4 of Dniprovske fail to notify the Center for free legal aid district department of the Main MIA immediately following apprehension. An Directorate in Kyiv; interview with apprehended S. revealed • Korabelny district department of that from 11:00 on 18.11.2014 he was Mykolayiv city directorate of the MIA under control of police officials who had Directorate in Mykolayiv region; apprehended him next to his residence • Leninsky district department of and forced to come to the city department Mykolayiv city directorate of the MIA in handcuffs. At the same time, Registry of Directorate in Mykolayiv region; persons taken into custody, visitors and • Line Department of Lviv city directorate invited persons states that S. arrived to the of the Main MIA Directorate in Lviv station on his own as an “invitee” on that region; day at 12:55. The Center for free legal aid • Line Department at Zhytomyr station17 was notified at 17:30 (6 hours 35 minutes of the MIA Directorate for Southwestern after the actual apprehension). Railways; Similar violations of the right to defense • Brovary city department18 Main MIA were established during monitoring visits Directorate in Kyiv region; to the following city, district and line • Central district department of Mykolayiv departments: city directorate of the MIA Directorate in • Holosiyivske district directorate of the Mykolayiv region; Main MIA Directorate in Kyiv; • Kirovohrad city department of the MIA • Svyatoshyn district directorate of the Directorate in Kirovohrad region. Main MIA Directorate in Kyiv (twice); At the same time, despite the prevalence of • Pechersk district directorate of the Main violations of the right to defense, in 2014, MIA Directorate in Kyiv; there was only one case recorded and no • Borodyanka district department of the officials were prosecuted for violating the Main MIA Directorate in Kyiv region; right to defense19. • Kozyatyn district department of the MIA Directorate in Vinnytsya region; 16 http://www1.ombudsman.gov.ua/index.php?op- • Starokostyantyniv district department tion=com_content&view=article&id=4003 of the MIA Directorate in Khmelnytsky 17 http://www1.ombudsman.gov.ua/index.php?op- tion=com_content&view=article&id=4071 region; 18 http://www1.ombudsman.gov.ua/index.php?op- • Romny city department of the MIA tion=com_content&view=article&id=4089 Directorate in Sumy region; 19 Official website of the Office of the Prosecutor General of Ukraine. Unified Crime Report (January-De- 15 http://www1.ombudsman.gov.ua/index.php?op- cember 2013/2014, tab 4.17) http://www.gp.gov.ua/ tion=com_content&view=article&id=4178 ua/stst2011.html SECTION 4. 51

Table 5. Excerpt from the Unified Crime Report (January –December 2013/2014).

Crimes against justice and other crimes recorded by prosecution authori-

ties during 9 months of suspicion 2013/2014 during the period court with indictment Criminal offences where where offences Criminal where offences Criminal Recorded criminal offences criminal offences Recorded from criminal responsibility from proceedings were transferred transferred were proceedings were presented with notice of with notice presented were riminal offences where persons where riminal offences to court with a motion for relief courtrelief to with a motion for proceedings were transferred to to transferred were proceedings

2013 2014 2013 2014 2013 2014 2013 2014 Violation of the right to 1 1 0 0 0 0 0 0 defense, Article 374

Appended persons are not informed on In addition, Article 5 of the Convention the grounds for apprehension or deprived for the Protection of Human Rights and of the right to notify a third party of their Fundamental Freedoms requires that choice on their apprehension a person be informed in a clear and The European Committee for the understandable manner of the reasons Prevention of Torture and Inhuman or for arrest. It also contains provisions Degrading Treatment or Punishment for a trial within a reasonable time and (CPT) attaches particular importance to compensation in cases of arrest or detention three rights for persons deprived of their in contravention of the provisions. liberty by the police: the right of those In addition, article 208§4 of the CPC concerned to inform a third party of their establishes an obligation for the competent choice of their situation (family member, official who apprehended the person to friend, consulate), the right of access to a immediately inform the apprehended lawyer, and the right of access to a doctor person, in a language known to him, of the of their choice (in addition to any medical grounds for the apprehension and of the examination carried out by a doctor called commission of what crime he is suspected. by the police authorities). Such information, at the very least, indicates Analysis of observance of the right to that there are grounds for apprehensions, notify a third party of their choice showed as well as allows the apprehended persons systematic instances of the officials’ failure to understand his/her procedural status. to inform close relatives on deprivation of At the same time, failure to inform can liberty, including in relation to underage suggest lack of confidence of the official persons who belong to a vulnerable conducting apprehension in the matters of category and, consequently, require the actual status of the person, as well as additional protection. evidence excess of power. 52 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

For instance, during a visit to Odesa city determination of detention as a restraint directorate of the Main MIA Directorate measure (within 72 hours)22. When the in Odesa region20, communication with above time limits are exceeded, the persons persons detained at the THF revealed apprehended on suspicion of crime must that police official who conducted their be released immediately. apprehension did not follow requirements Failure to comply with requirements of Articles 208, 209, 210, 213 of the CPC in on indication of the actual time of relation to immediate notification of the apprehension often results in illegal grounds for the apprehension and the violation of time limits for presenting alleged crime; there is no proper advice a person with a notice of suspicion, or on the right to benefit from defender’s detention of the apprehended person in assistance, to legal aid. In addition, the absence of investigating judge’s or relatives were not informed promptly on court’s ruling. apprehension and whereabouts of persons, Examples of typical violations: and neither was the institution providing free legal aid. On 19 November 2014, during a visit to Kirovohrad city department of the MIA Violations of the CPC of Ukraine on Directorate in Kirovohrad region, the report drawing up reports on apprehension of on apprehension of a person suspected of a person suspected of the commission the commission of crime, in violation of of crime, in particular in the aspect of Article 208 §5 of the CPC, the indicated indication of time and place of actual time of apprehension was the time when apprehension the report was drawn up at Kirovohrad Article 208 §5 of the CPC states that on city department of the MIA Directorate in apprehension of a person suspected of Kirovohrad region. Meanwhile, the time, the commission of crime, a report shall place, date and exact time (hour and be drawn up in which, in addition to minute) of actual apprehension are not information specified in Article 104 of this indicated in violation of Article 209 of the Code, the following shall be indicated: CPC. The report on apprehension of S. place, date and exact time (hours and contains the following as date, time and minutes) of apprehension under Article place of apprehension: 18.11.2014, 17:30 at 209 of this Code. office #406 of Kirovohrad city department of the MIA Directorate in Kirovohrad The moment of apprehension defined region. The apprehended person stated by Article 209 of the CPC (an individual that actual apprehension took place at is considered to be apprehended if he/she, 11:00 on 18.11.2014 near his house. with the use of force or through obedience to the order, has to stay next to the competent On 30 May 2014, the visit to Svyatoshyn official or in premises prescribed by the district directorate of the Main MIA competent official) constitutes the onset of Directorate in Kyiv and inspection of time limits for notification of suspicion (24 reports on apprehension of persons hours following apprehension)21, bringing suspected of the commission of crime the person before a court for consideration showed that investigators of investigation of a restraint measure (within 60 hours), unit of Svyatoshyn district directorate V. and S. violate article 208 §5 of the CPC 20 http://www1.ombudsman.gov.ua/index.php?op- on recording the actual time and place of tion=com_content&view=article&id=4088 21 Criminal Procedure Code of Ukraine (article 278). 22 Criminal Procedure Code of Ukraine (article 211). SECTION 4. 53 apprehension in accordance with Article Directorate in Sumy region26; 209 of the CPC. • Kozyatyn district department of the MIA Contrary to requirements of Article 208 Directorate in Vinnytsya region27; §5 of the CPC, reports on apprehension • Svyatoshyn district directorate of the of persons suspected of the commission Main MIA Directorate in Kyiv; of crimes A.H.N., I.T.T., A.K.N., and H.D.S. • Khmilnyk city department of the MIA the time and place of apprehension were Directorate in Vinnytsya region; indicated as the time of drawing up the • Brovary city department of the Main MIA reports at Svyatoshyn district directorate Directorate in Kyiv region. of the Main MIA Directorate in Kyiv. The Detention of apprehended persons inspection showed discrepancy between and investigative actions in places not records in reports on apprehension and prescribed by law actual time and place of apprehension in the meaning of Article 209 of the CPC. The legislation of Ukraine defines an exhaustive list of premises that can be used According to report on apprehension in IABs for temporary holding of different of I.T.T., the date, time and place of his categories of persons deprived of liberty. apprehension are 30.05.2014 at 00:30 at Svyatoshyn district directorate of Premises for apprehended persons (KZD)28 the Main MIA Directorate in Kyiv. The are intended for temporary holding of apprehended person indicated that his persons at the IABs. actual apprehension took place at 16:00 on 29.05.2014 at a bus stop at Pidlisna Street Specially equipped investigation rooms in Kyiv. Records in the Registry of persons (rooms for investigation actions) are taken into custody, visitors and invited prescribed for investigation actions for persons suggest that I.T.T. was brought apprehended persons. Investigation to the district directorate at 22:20 on rooms are intended for recording the 29.05.2014. facts of examination of persons taken into IABs custody and removal of clothing Officials of the following IABs fail to and objects that have clear traces of indicate the time of actual apprehension crime or are outside of civil transactions in accordance with Article 209 of the CPC in reports on apprehension of persons and require special permit, personal suspected of the commission of crime: belongings of persons taken into custody, questioning on circumstances of crime, as • Kirovohrad city department of the MIA well as urgent and priority investigation Directorate in Kirovohrad region23; actions (interrogation, confrontation, line- • Authorities of the MIA Directorate in ups, witness certification, presentation Mykolayiv region24; of charges etc.), and other actions with • Vasylkiv city department of the MIA persons apprehended on suspicion of Directorate in Kyiv region25; a crime in accordance with the CPC of • Sumy city department of the MIA Ukraine29. 26 http://www1.ombudsman.gov.ua/index.php?op- 23 http://www1.ombudsman.gov.ua/index.php?op- tion=com_content&view=article&id=3809 tion=com_content&view=article&id=4178 27 http://www1.ombudsman.gov.ua/index.php?op- 24 http://www1.ombudsman.gov.ua/index.php?op- tion=com_content&view=article&id=3766 tion=com_content&view=article&id=4196 28 Rooms for persons detained and taken into custo- 25 http://www1.ombudsman.gov.ua/index.php?op- dy at duty stations of the internal affairs bodies. tion=com_content&view=article&id=3850 29 Regulation on the rooms for conduct of investi- 54 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

The room should be properly equipped and line departments of the MIA have no for these functions, in particular with equipped investigation rooms. video surveillance with records archive Moreover, the Ministry of Internal Affairs of at least one month30. Such system undertakes measures that worsen provides for security of IAB officials during conditions of apprehended persons communication with apprehended referring to recommendations from the persons, as well as allows excluding risks of Commissioner for Human Rights, the ill-treatment of the latter. European Committee for the Prevention The Regulations31 also include direct of Torture and Inhuman or Degrading prohibition of investigation actions and Treatment or Punishment, and national other measures under the legislation human rights NGOs. of Ukraine (questioning, meeting In particular, MIA order #810 dated with a defender etc.) necessary for 21.08.2013 amended the instruction on comprehensive and objective examination design of the premises for apprehended of circumstances of the crime in relation to and detained persons at the duty units of persons suspected of the commission of the bodies of internal affairs to worsen the crime, in any other premises of IABs except conditions for apprehended persons. These for investigation rooms. amendments introduced temporary norms Therefore, the legislation permits the stay of design, reconstruction and capital or custody of apprehended persons only refurbishment of such premises located in two types of premises: premises for in existing and adjusted buildings with apprehended and detained persons and limited capacities. investigation rooms. The order provides for: However, in practice, apprehended persons − Permission to equip only one KZD at often spend hours in hallways and other each duty unit (previously there was a IAB premises, and investigation actions requirement to equip at least three and and other measures prescribed by the this requirement still exists in the MIA legislation usually take place in offices of order (amended) dated 28.04.2009 “On IAB officials. Investigation rooms in IABs are organization of activities of duty units either absent, or not properly equipped, or of bodies and departments of internal not used for the relevant purposes. affairs of Ukraine aimed at protecting The order on equipping investigation interests of society and state from rooms at IABs was issued on 18.12.2013, unlawful infringements”). yet, according to information received Availability of one room does not meet the in response to an inquiry by the requirements on separate holding of different Commissioner for Human Rights, as of categories of apprehended persons (adults 01.01.2015 the majority of district, city and children, women and men, persons with gative actions and other measures at the bodies and units of internal affairs of Ukraine adopted by the MIA and without prior convictions etc.); order #1561 dated 18.12.2003. − permitted equipment of KZD floor 30 The MIA order #404 dated 16.09.2009 № 404 “On protection of human rights in the activities of the in- with concrete or ceramic tiles with ternal affairs bodies of Ukraine”. no heating (previously, construction 31 Regulation on the rooms for conduct of investi- regulations provided for equipment gative actions and other measures at the bodies and of KZD with wooden floor or concrete units of internal affairs of Ukraine adopted by the MIA (ceramic) floors with heating); order #1561 dated 18.12.2003. SECTION 4. 55

− a general norm of water consumption the Main MIA Directorate in Kyiv; for one person held at KZD is limited • Zhmerynka district department of the to 16 liters and does not have an MIA Directorate in Vinnytsya region ; obligation for providing hot water (previously, regulations included 7 • Territorial police unit #4 of Dniprovske liters of hot water per day); district department of the Main MIA − ventilation only of the naturally driven Directorate in Kyiv; type with compensation of draft with • Line department at Mykolayiv station of inflow from the hallway (previously, the MIA Directorate for Odesa Railways; such ventilation had to be mechanical • Horodyshche district department of the with heating of cold air inflow during MIA Directorate in Cherkasy region; cold season). − In addition, these changes removed • Line department at Zhytomyr station of requirements for equipping KZD with: the MIA Directorate for Southwestern − Air conditioning system; Railways; − System of communication and • Brovary city department of the Main MIA radiobroadcasting; Directorate in Kyiv region; − Measures for decreasing noise and • Central district department of Mykolaiv vibration, as well as the system for city directorate of the MIA Directorate in removal smoke from the hallways Mykolayiv region. without natural lighting; − Fire-protection and hot water supply; Numerous applications to the − Coverage of sleeping places with Commissioner for Human Rights suggest synthetic leather. prevalence of violations of the rights of apprehended persons in relation to lengthy Moreover, leadership of certain district, detention in unequipped places. city and line units refers to discrepancies of conditions in KZD with norms and For instance, on 19 May 2014, citizen H. standards, and decides to shut them addressed the Commissioner in relation to down instead of upgrading conditions in ill-treatment he had experienced from an accordance with these norms. It leads to official of Ternopil city department of the fostering conditions where competent MIA Directorate in Ternopil region where officials who conduct apprehension are he was kept handcuffed to a radiator for 5 days. forced to hold apprehended persons in offices and other premises that are not An inquiry for investigation and relevant equipped for these purposes prior to measures was sent to the prosecution transferring them to THFs. authorities in Ternopil for the purposes of careful examination of these issues. The following city, district, and line units Pursuant to the inquiry, information on have only one KZD, or KZD are close due illegal actions of the precinct inspector to discrepancies with minimum standards of Ternopil city department of the MIA (based on information obtained during Directorate in Ternopil region was included visits): into ERDR; and pre-trial investigation was • Romny city department of the MIA initiated. The investigation is in progress. Directorate in Sumy region; • Territorial police unit #2 of Violation of the right to healthcare and Shevchenkivske district directorate of 56 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

medical assistance be complemented. In addition, some of the medications in the kit have expired. Violations of Article 3 of the Law of Ukraine “On Public Health” on provision of medical assistance There is no identified group of officials within IABs who have to possess basic practical skills on saving and preserving person’s life in critical condition. According to the law, they have to undertake action aimed at saving and preserving life, as well as minimizing consequences of such condition at the place of event prior to the ambulance’s arrival. None of the visited city, district, and line departments had appointed officials responsible for providing urgent care. Insufficient procurement of medical appliances and medications for urgent and paramedical assistance in units and departments of the MIA IN accordance with the ministerial order32, every authority and special facility of the MIA shall have a defined set of medications and expense materials. However, monitoring visits showed that the following city, district, and line departments and On 18 July 2014, a visit to the territorial special facilities were not supplied with police unit #№2 of Shevchenkivske district medical appliances and medications in directorate of the Main MIA Directorate accordance with the norms. in Kyiv showed that the said unit did not For instance, on 26 August 2014, during have medical kits or appliances foreseen a visit to Nemyriv district department of by Regulation #2 adopted by the MIA order the MIA Directorate in Vinnytsya region, #946 on 25.09.2006. it turned out that the duty station did not • Holosiyivske district department of the have an ultraviolet lamp; lice control kit Main MIA Directorate in Kyiv; and a medical kit for assistance with the purpose of preventing HIV/AIDS infection. • Line department at Kyiv-Pasazhyrsky The available universal medical kit needs to station of the MIA Directorate for Southwestern Railways; 32 MIA Order #946 dated 25.09.2006 “On approving the norms of household materials procurement for • Borodyanka district department of the the premises for apprehended persons at the duty Main MIA Directorate in Kyiv region; units, remand prisons, reception centers for persons • Territorial police unit #2 of apprehended for vagabondism, special reception cen- ters for persons under administrative arrest, centers Shevchenkivske district directorate of for temporary stay of foreigners and stateless persons the Main MIA Directorate in Kyiv; illegally staying in Ukraine”. SECTION 4. 57

• Zhmerynka district department of the with the Registry on provision of medical MIA Directorate in Vinnytsya region; care to persons detained at the THF, one • Territorial police unit #1 of Darnytsya of the detainees was recommended district department of the Main MIA for inpatient care, four persons were Directorate in Kyiv; recommended additional consultation of specialists. However, two detainees • Territorial police unit #4 of Dniprovske – P.O.S. (recommendation for surgeon’s district department of the Main MIA consultation in relation to leg pain) and L. Directorate in Kyiv; Yu. O. (recommendation for psychiatrist’s • Line department of Lviv city directorate consultation in relation to delirium of the Main MIA Directorate in Lviv tremens). However, they were not taken for region; consultations, as the THF head explained, • Line department at Zhytomyr Station due to improvements in health condition. of the MIA Directorate for Southwestern The following special MIA institutions Railways; have the above shortcomings: • Central district department of Mykolaiv • THF of Starokostyantyniv district city directorate of the MIA Directorate in department of the MIA Directorate in Mykolayiv region; Khmelnytsky region; • THF of the line department at Kyiv- • THF of Khmilnyk city department and Pasazhyrsky station of the MIA Nemyriv district department of the MIA Directorate for Southwestern Railways; Directorate in Vinnytsya region; • THF of Kozyatyn district department and • THF of Horodyshche district department Khmilnyk city department of the MIA of the MIA Directorate in Cherkasy Directorate in Vinnytsya region. region; Failure to follow recommendations of • THF of Brovary city department of the doctors called to the THFs on additional Main MIA Directorate in Kyiv region; examinations, which poses a threat to • THF Kirovohrad city department of the their life and health MIA Directorate in Kirovohrad region. For instance, on 11 September 2014, Personnel of detention facility has an inspection at the THF of Mykolayiv no knowledge of the procedure for city directorate of the MIA Directorate in apprehension and taking into custody of substitution maintenance therapy (SMT) Mykolayiv region, found records in the patients or antiretroviral therapy (ART) registry on provision of medical care to recipients persons detained at the THF on medics’ recommendations for further examination There are no measures in IABs and special at healthcare institutions of persons in facilities on ensuring continuous treatment need of medical assistance. However, there of SMT/ART patients. The duty stations was no information on measure taken to do not have a List of healthcare facilities 33 fulfil these recommendations. administering SMT , and officers on duty On 22 September 2014, it was discovered 33 Annex 1 to the Procedure of cooperation be- during a visit to the THF of Horodyshche tween healthcare institution, internal affairs bodies, remand prisons and correctional facilities on ensuring district department of the MIA Directorate uninterrupted substitute maintenance therapy ap- in Cherkasy region that, in accordance proved by the joint order of the MoH, MIA, MJ, ДСКН #821/937/1549/5/156 dated 22.10.2012. 58 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

do know what measures are necessary for • THF of Borodyanka district department ensuring continuous treatment. and Brovary city department of the Main MIA Directorate in Kyiv region; • Borodyanka district department of the Main MIA Directorate in Kyiv region; • THF of Kozyatyn district department of the MIA Directorate in Vinnytsya region; • Svyatoshyn district directorate of the Main MIA Directorate in Kyiv; • THF of Starokostyantyniv district department of the MIA Directorate in • Kozyatyn district department and Khmelnytsky region; Khmilnyk city department of the MIA Directorate in Vinnytsya region; • THF of Khmilnyk city department and Nemyriv district department of the MIA • Starokostyantyniv district department Directorate in Vinnytsya region. of the MIA Directorate in Khmelnytsky region; Violations in record-keeping in the • Territorial police unit #2 of Registry on provision of medical care to 34 Shevchenkivske district directorate of persons detained at the duty station . the Main MIA Directorate in Kyiv; The data required by the form is not • Territorial police unit #1 of Darnytsya provided, which makes it impossible to district directorate of the Main MIA control observance of the right to medical Directorate in Kyiv; care and examination of circumstances of obtaining bodily injuries by persons taken • Territorial police unit #4 of Dniprovske into custody at duty stations. district department of the Main MIA Directorate in Kyiv; • Svyatoshyn district directorate of the • Korabelny and Leninsky district Main MIA Directorate in Kyiv; department of Mykolayiv city directorate • Leninsky district department of of the MIA Directorate in Mykolayiv Mykolayiv city directorate of the MIA region; Directorate in Mykolayiv region; • Line department at Mykolayiv station of • Line department at Lviv airport and the the MIA Directorate for Odesa Railways; Railway unit of Lviv city directorate of the • Line department at Lviv airport and line Main MIA Directorate in Lviv region; department of Lviv city directorate of the • Brovary city department of the Main MIA Main MIA Directorate in Lviv region; Directorate in Kyiv region; • Line department at Zhytomyr Station • Central district department of Mykolaiv of the MIA Directorate for Southwestern city directorate of the MIA Directorate in Railways; Mykolayiv region; • Brovary city department of the Main MIA • Kirovohrad city department of the MIA Directorate in Kyiv region; Directorate in Kirovohrad region. • Central district department of Mykolaiv There is no proper record-keeping in the city directorate of the MIA Directorate in Registry on provision of medical care to Mykolayiv region; persons detained at the THF. • THF of the line department at Kyiv Failure to keep proper records makes it Pasazhyrsky station of the MIA impossible to control observance of the Directorate for Southwestern Railways; 34 Provided by Annex 16 to the Instruction adopted by the MIA order #181 dated 28.04.2009. SECTION 4. 59 right to medical care and examination of arrival. circumstances of obtaining bodily injuries Staff of the daily shift or other officials upon by detainees. assignment from the IAB chief or deputy • THF of Borodyanka district department chief inspect the circumstances related to of the Main MIA Directorate in Kyiv persons brought into custody of the IABs region; by police officials or citizens. Inspection • THF of Starokostyantyniv district of circumstances has to take place immediately in a separate room equipped department of the MIA Directorate in in accordance with respect for honor and Khmelnytsky region; dignity of the persons within three hours • THF of Romny city department of the after their arrival to the duty station36. MIA Directorate in Sumy region; Therefore, proper records on exact time • THF of Khmilnyk city department and and place of the person’s arrival to the IAB Nemyriv district department of the MIA and his/her leave is very important. Directorate in Vinnytsya region. Failure to meet the procedural time limits There is no proper registration of the for the person’s detention at the internal citizen’s stay at the premises of city, affairs body creates risks of ill-treatment district, and line departments and constitutes a violation of the right to liberty. Proper records on the stay of persons at the city, district, and line department is one Some IABs use manipulations with the of the safeguards against ill-treatment of Registry of persons taken into custody, apprehended persons and persons taken visitors and invited persons for the into custody. The Registry of persons taken purposes of artificially increasing the term into custody, visitors and invited persons35 of person’s stay at the IAB premises. For that has to be kept at every city, district, instance, they record fictional leave of the and line department serves to ensure premises and return after certain period. proper recording of the stay of persons at Thus, detained persons can remain at the the premises of IABs. The registry should internal affairs body past the allowed term. include information on all persons, with In addition, these manipulations usually no exceptions, taken into custody, called lead to other violations, in particular of the by police officials for formalization of right to legal assistance. administrative materials, procedural and Clearly, lack of proper registration of investigation actions, or those who come persons in IAB premises creates risks of ill- to the internal affairs body for personal or treatment by law enforcement officials, as business reasons. well as falsifications of the time of actual The officer on duty has to register a person apprehension etc. However, inspection taken into custody in the Registry of showed that despite Article 212 of the CPC persons taken into custody, visitors and of Ukraine, a large number of apprehended invited persons and necessarily indicated persons were not accounted for in the the date and exact time of the person’s Registry of persons taken into custody, visitors and invited persons. By these 35 Provided by Annex 16 to the Instruction adopt- ed by the MIA order #181 dated 28.04.2009 ““On or- actions, law enforcement officials are also ganization of activities of duty units of bodies and trying to conceal apprehension. departments of internal affairs of Ukraine aimed at protecting interests of society and state from unlawful 36 The Instruction adopted by the MIA order #181 infringements”. dated 28.04.2009. 60 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

In violation of requirements of the MIA Directorate in Ternopil region40; Instruction adopted by the MIA order • Holosiyivske and Podil district directorate #181 on 28.04.2009, Registries of persons of the Main MIA Directorate in Kyiv; taken into custody, visitors and invited persons do not contain data on all persons • Line department at Kyiv-Pasazhyrsky with no exceptions, taken into custody, station of the MIA Directorate for called by police officials for formalization Southwestern Railways; of administrative materials, procedural • Borodyanka district department and and investigation actions, or those who Brovary city department of the Main MIA come to the internal affairs body for Directorate in Kyiv region; personal or business reasons. There are • Svyatoshyn district directorate of the defects in record-keeping, compliance Main MIA Directorate in Kyiv; with requirements of the order in relation to the rules of maintaining the Registry; • Kozyatyn district department, Khmilnyk in particular, the following information city department and Zhmerynka district required by the form is missing: department of the MIA Directorate in − Date of delivery (arrival) of the person Vinnytsya region; to the IAB; • Starokostyantyniv district department − Full names of persons taken into of the MIA Directorate in Khmelnytsky custody, visitors and invited persons; region; − Title and last name of the official who • Romny city department of the MIA delivered or invited citizens; Directorate in Sumy region; − Purpose of bringing or arrival (for drawing up the report, upon • Vasylkiv city department of the MIA investigator’s invitation etc.); Directorate in Kyiv region; − Measures taken in relation to the • Korabelny, Central, and Leninsky person brought into custody or district departments of Mykolayiv city invited (report drawn up, explanation directorate of the MIA Directorate in obtained etc.). Mykolayiv region; Shortcomings in record keeping for the • Line department at Mykolayiv station of stay of persons at the bodies of internal the MIA Directorate for Odesa Railways; affairs was found upon inspection at: • Line department at Lviv airport of the • Line department at Lviv railway station Main MIA Directorate in Lviv region; of the MIA Directorate for Lviv37; • Horodyshche district department of the • Railway unit of Lviv city directorate of the MIA Directorate in Cherkasy region; Main MIA Directorate in Lviv region38; • Line department at railway station • Territorial units of Dniprovske, Darnytsya, Zhytomyr of the MIA Directorate for Shevchenkivske district directorates of Southwestern Railways; the Main MIA Directorate in Kyiv39; • Kirovohrad city department of the MIA • Terebovlya district department of the Directorate in Kirovohrad region. 37 http://www1.ombudsman.gov.ua/index.php?op- There are no officials responsible for tion=com_content&view=article&id=4150 the stay of apprehended persons, or 38 http://www1.ombudsman.gov.ua/index.php?op- these officials are appointed but fail to tion=com_content&view=article&id=4070 39 http://www1.ombudsman.gov.ua/index.php?op- 40 http://www1.ombudsman.gov.ua/index.php?op- tion=com_content&view=article&id=4001 tion=com_content&view=article&id=3979 SECTION 4. 61 fulfill their duties on ensuring the rights be amongst providers of medical care of apprehended persons in pre-trial to the detainee. investigation agencies Compliance with the above duties by the According to Article 212 of the CPC, one responsible official practically excludes or more officials responsible for keeping risks of ill-treatment of the apprehended those apprehended shall be designated in person. However, in practice, this safeguard the pre-trial investigation agency’s station. is not functioning. Investigators may not be designated to be responsible for keeping those The following IABs violate requirements of apprehended. Article 212 of the CPC: Article 212§3 of the CPC provides for the • Territorial police unit #2 of following duties of the official responsible Shevchenkivske district directorate of for keeping those apprehended: the Main MIA Directorate in Kyiv; • Korabelny, Central, and Leninsky 1) register the apprehended person district departments of Mykolayiv city immediately; directorate of the MIA Directorate in 2) advice the apprehended person of the Mykolayiv region; grounds for apprehension, his rights and duties; • Svyatoshyn district directorate of the Main MIA Directorate in Kyiv; 3) immediately release the apprehended person after grounds for apprehension • Line department of Lviv city directorate seized to exist or time limit for of the Main MIA Directorate in Lviv apprehension as established in Article region; 211 of this Code has expired; • Line department at Zhytomyr station of 4) ensure appropriate treatment of the the MIA Directorate for Southwestern apprehended person and respect for Railways; his rights laid down in the Constitution • Brovary city department of the Main MIA of Ukraine, the present Code, and other Directorate in Kyiv region; laws of Ukraine; • Kirovohrad city department of the MIA 5) ensure recording all actions which are Directorate in Kirovohrad region. conducted with the involvement of the apprehended person, including The doors of official’s offices lack signs the time when such actions started indicating names of units (sectors), titles and completed, as well as persons and names of personnel, which makes it who conducted such actions or were impossible to identify the exact location present during the conduct of such of apprehended persons or persons taken actions; into custody in case of complaints about 6) ensure prompt provision of adequate ill-treatment by police. medical assistance and recording of • Pechersk and Podil district directorates any bodily injuries or deterioration of the Main MIA Directorate in Kyiv; of the apprehended person’s state of • Line department of Kyiv-Pasazhyrsky health by medical personnel. If the station of the MIA Directorate for detainee so wills, a specific person of his choosing who is certified to provide Southwestern Railways; medical assistance may be allowed to • Territorial police unit #1 of Darnytsya and 62 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

territorial police unit #4 of Dniprovske • Line department at Lviv airport of the district department of the Main MIA Main MIA Directorate in Lviv region. Directorate in Kyiv; Persons are transferred from SIZO and • Korabelny and Leninsky district THFs to the bodies of internal affairs for departments of Mykolayiv city investigation actions directorate of the MIA Directorate in MIA order #1561 (paragraph 4) dated Mykolayiv region; 18.12.2003 prohibits transfer of persons • Line department of Mykolayiv station Of held at remand prisons or temporary the MIA Directorate for Odesa Railways; holding facilities to the premises of bodies • Line department of Lviv airport and and units of internal affairs for investigation Railway Department of Lviv city actions. Such actions must take place in directorate of the Main MIA Directorate investigation rooms in remand prisons and in Lviv region; THFs. In case of the need to conduct these actions with involvement of apprehended • Line department of Zhytomyr station or arrested persons outside of special MIA Directorate for Southwestern facilities (crime reconstruction, bringing Railways; the person before prosecution authorities, • Brovary city department of the Main MIA court, or forensic expertise etc.) these Directorate in Kyiv region. persons shall be convoyed directly to the There are no video surveillance systems locations, and returned to the special at the entrances, hallways and reception facility without placement to the premises of city, district, and line departments, or for apprehended and detained persons at in KZD with video archive stored for at the city, district, and line departments. least one month41 . Journals on passing of duty have no records on persons held at the premises • Zhmerynka district department in for apprehended and detained persons, Vinnytsya region; including over the established time limits • Railway department of Lviv city directorate of the Main MIA Directorate Officers on duty do not control presence of in Lviv region; persons in the premises for apprehended and detained persons, as well as • Kozyatyn and Zhmerynka district apprehension and bringing of citizens to department, Khmilnyk city department the IABs. of the MIA Directorate in Vinnytsya region; • Holosiyivske district department of the Main MIA Directorate in Kyiv; • Starokostyantyniv district department of the MIA Directorate in Khmelnytsky • Territorial police unit #4 of Dniprovske region; district department of the Main MIA Directorate in Kyiv; • Territorial police unit #1 of Darnytsya district directorate and territorial police • Line department at Lviv airport and unit #4 of Dniprovske district directorate the Railway Department of Lviv city of the Main MIA Directorate in Kyiv; directorate of the Main MIA Directorate in Lviv region. 41 Paragraph 5 of the MIA order #404 dated 16.09.2009 and the MIA instruction #329 dated 31.03.2011 pro- vide for installation of surveillance cameras. SECTION 4. 63

Example of a violation: (page 7 of the journal) does not contain information on the number of persons The report of an officer on duty at held at the premises for apprehended and Holosiyivske district directorate of the detained persons at the station. Main MIA Directorate in Kyiv from 09:00 on 15.01.2014 to 09:00 on 06.01.2014

At the same time, the Registry of persons MIA Directorate in Kyiv region; placed into the premises for apprehended • THF of Starokostyantyniv district and detained persons from 00:45 to 12:40 department of the MIA Directorate in on 06.01.2014 contains a record for holding Khmelnytsky region; citizen B. the premises. • THF of Horodyshche regional directorate Registry on removal of apprehended and of the MIA Directorate in Cherkasy detained persons from the cells does not region; comply with Annex 5 of paragraph 2.41 of • THF of the Main MIA Directorate in Kyiv. the Instruction (amended) adopted by the MIA order #60 dsk dated 20.01.2005 The registry of persons placed into custody at the THF is untidy, there are In addition, there are no records for all, with correction, information foreseen by no exception, cases of removal of persons the template is missing. In particular, from the cells, in particular taking them there is no information on grounds for for walks, antibacterial disinfection of cells apprehension, time of leaving the THF etc. etc. The journals on removal of persons from the cells do not include grounds for • THF of Borodyanka district department removal and names of officials to whom of the Main MIA Directorate in Kyiv detainees are taken. region; • THF of Borodyanka district department • THF of Nemyriv district department of and Brovary city department of the Main the MIA Directorate in Vinnytsya region. 64 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Violations of Article 10 of the Convention Directorate in Kyiv; against Torture and Other Cruel, Inhuman • Korabelny and Leninsky district or Degrading Treatment or Punishment. departments of Mykolayiv city In particular: directorate of the MIA Directorate in Mykolayiv region; − On full inclusion of education and information regarding the prohibition • Line department of Mykolayiv station of against torture in the training of law the MIA Directorate for Odesa Railways; enforcement personnel, civil or military, • Line department at Lviv airport and medical personnel, public officials and Railway Department of Lviv city other persons who may be involved in directorate of the Main MIA Directorate the custody, interrogation or treatment in Lviv region; of any individual subjected to any form • Line department of Zhytomyr station of arrest, detention or imprisonment; MIA Directorate for Southwestern − On inclusion of the prohibition of Railways; torture in the rules or instructions • Brovary city department of the Main MIA issued concerning the duties and Directorate in Kyiv region; functions of any such person. • THF Kozyatyn, Nemyriv and Zhmerynka Plans of functional training of the personnel district department, Khmilnyk city of special facilities and city, district, and line department of the MIA Directorate in departments of the MIA for 2012-2013, and Vinnytsya region; 2013-2014 academic years do not include • THF of Starokostyantyniv district mandatory topics on ensuring human right department of the MIA Directorate in in activities of the internal affairs bodies. Khmelnytsky region Results of inspection of professional • THF of the Main MIA Directorate in Kyiv. training materials (topic plans, conspectus The registry of complaints and etc.), interviews with the staff of special suggestions is kept with the officer facilities and city, district, and line on duty, or access to it is provided on departments of the MIA suggest that the permission of a police officer controlling leadership of bodies and units has not entrance to the official premises. ensured the study by the personnel of • Line departments at Kyiv Pasazhyrsky national and international legislation, the and Zhytomyr stations of the MIA ministerial legal norms on human rights. Directorate for Southwestern Railways; • Kozyatyn and Zhmerynka district • Romny city department of the MIA departments, Khmilnyk city department Directorate in Sumy region; of the MIA Directorate in Vinnytsya • Line department at Mykolayiv station of region; the MIA Directorate for Odesa Railways; • Starokostyantyniv district department • Horodyshche district department of the of the MIA Directorate in Khmelnytsky MIA Directorate in Cherkasy region; region; • Central district department of Mykolaiv • Territorial police unit #1 of Darnytsya and city directorate of the MIA Directorate in Territorial police unit #4 of Dniprovske Mykolayiv region. district department of the Main MIA SECTION 4. 65

Lack of review of complaints and • Romny city department of the MIA suggestions recorded in the Registry of Directorate in Sumy region; complaints and suggestions • TERRITORIAL POLICE units of Despite requirements of Article 19 of the Shevchenkivske, Darnytsya, and Law of Ukraine “On Citizens’ Petitions” and Dniprovske district department of the paragraph 7.4. of the MIA regulation #1177 Main MIA Directorate in Kyiv; dated 10.10.2004, the IAB officials fail to • Korabelny and Leninsky district ensure objective, comprehensive and departments of Mykolayiv city timely review of petitions or complaints directorate of the MIA Directorate in from the citizens in the Registry of Mykolayiv region; complaints and suggestions, as well as to • Line department of Mykolayiv station Of inform the citizens on the outcome of such the MIA Directorate for Odesa Railways; review and subsequent response. • Horodyshche district department of the • Svyatoshyn district directorate of the MIA Directorate in Cherkasy region; Main MIA Directorate in Kyiv; • Brovary city department of the Main MIA • Kozyatyn district department of the MIA Directorate in Kyiv region. Directorate in Vinnytsya region; Example of a violation:

Registry of complaints and suggestions of Svyatoshyn district directorate of the Main MIA Directorate in Kyiv 66 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Inadequate conditions of detention of • THF of Starokostyantyniv district detained and convicted persons in places department of the MIA Directorate in of detention of the MIA Khmelnytsky region. Typical violations in the form of inadequate conditions of detention, which are common to all places of detention of the MIA, can amount to cruel or degrading treatment. The size of the living space per detained person in cells of special facilities, premises for apprehended persons and persons taken into custody of duty stations of the IABs does not meet the national and international standards The minimum standard for living space per prisoner is 4 square meters excluding THF of Starokostyantyniv district department sanitary facilities and area for objects of of the MIA Directorate in Khmelnytsky region common use. In addition, cells in special facilities, premises for apprehended persons and persons taken into custody of duty stations where the distance between walls is less than 2 meters and less than 2.5 meters between floor and ceiling cannot be used for holding persons42. Violations of the said requirements on the minimum living space were identified during visits to the following IAB units and special facilities: • Line department of Zhytomyr station and Kyiv-Pasazhyrsky station of the MIA THF of Borodyanka district department of the Directorate for Southwestern Railways; Main MIA Directorate in Kyiv region • THF of Zhmerynka district department of the MIA Directorate in Vinnytsya region; Lack of agreement for food procurement, or untimely and low-quality catering for • THF of Romny city department of the persons in the premises for apprehended MIA Directorate in Sumy region; and persons taken into custody of the IAB • THF of Vasylkiv city department and duty stations. Borodyanka district department of the • Korabelny district department of Main MIA Directorate in Kyiv region; Mykolayiv city directorate of the MIA • THFs of Nemyriv, Kozyatyn and Directorate in Mykolayiv region; Zhmerynka district departments of the • Svyatoshyn district directorate of the MIA Directorate in Vinnytsya region; Main MIA Directorate in Kyiv. 42 2nd General Report, p. 43 [СРТ/І№f(92)3], http:// www.cpt.coe.int/lang/ukr/ukr-standards.pdf SECTION 4. 67

Premises for apprehended and persons Nemyriv and Zhmerynka district taken into custody of the IAB duty stations department of the MIA Directorate in are not fully equipped with cutlery sets43. Vinnytsya region; • Holosiyivske district department of the • THF of Vasylkiv and Brovary city Main MIA Directorate in Kyiv; department, Borodyanka district • Line department of Kyiv-Pasazhyrsky department of the Main MIA Directorate station of the MIA Directorate for in Kyiv region; Southwestern Railways; • THF of Mykolayiv city department of the • Borodyanka district department of the MIA Directorate in Mykolayiv region; Main MIA Directorate in Kyiv region; • THF of Horodyshche regional directorate • Svyatoshyn district directorate of the of the MIA Directorate in Cherkasy Main MIA Directorate in Kyiv; region. • Territorial police unit #2 of THF cells are not equipped with wall cabinets Shevchenkivske and territorial police and drawers for food and personal hygiene unit #4 of Dniprovske district department items of the Main MIA Directorate in Kyiv; • Korabelny, Central, and Leninsky district departments of Mykolayiv city directorate of the MIA Directorate in Mykolayiv region. Failure to ensure regular free access to running and drinking water. • Line department of Kyiv-Pasazhyrsky station of the MIA Directorate for Southwestern Railways; • Zhmerynka district department of the MIA Directorate in Vinnytsya region. THF of Vasylkiv district department of the Main MIA Directorate in Kyiv region Cells of special facilities not equipped with tables for meals, chairs, wall cabinets and drawers for food and personal hygiene items, or such equipment does not meet agency construction norms and international standards • THF Line department of Kyiv-Pasazhyrsky station of the MIA Directorate for Southwestern Railways; • THF of Starokostyantyniv district department of the MIA Directorate in Khmelnytsky region; • THF of Khmilnyk city department, THF Line department of Kyiv-Pasazhyrsky station of the MIA Directorate for 43 Norm #1 adopted by the MIA order #946 dated Southwestern Railways 25.09.2006. 68 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Design of beds in the premises for apprehended and persons taken into custody at duty stations and temporary holding facilities do not meet the requirements. Bed sizes of premises and cells do not meet the standards, there is no protective cover on the beds in KZDs, the matchboard is missing etc. • THF of Borodyanka district department of the Main MIA Directorate in Kyiv region; THF of Borodyanka district department of the • Holosiyivske district department of the Main MIA Directorate in Kyiv region Main MIA Directorate in Kyiv; • Borodyanka district department of the Main MIA Directorate in Kyiv region; • Svyatoshyn district directorate of the Main MIA Directorate in Kyiv; • Starokostyantyniv district department of the MIA Directorate in Khmelnytsky region; • Khmilnyk city department of the MIA Directorate in Vinnytsya region; • Territorial police unit #4 of Dniprovske district department of the Main MIA Directorate in Kyiv; THF of the Line department of Kyiv-Pasazhyrsky station of the MIA Directorate for Southwestern • Railway department of Lviv city Railways directorate of the Main MIA Directorate in Lviv region; Absence of hot running water in the cells of MIA special facilities44. • THF of the Line department of Kyiv- Pasazhyrsky station of the MIA • THF of the Line department of Kyiv- Directorate for Southwestern Railways; Pasazhyrsky station of the MIA • Line department of Zhytomyr station Directorate for Southwestern Railways; MIA Directorate for Southwestern • THF of Borodyanka district department Railways. of the Main MIA Directorate in Kyiv region; • THF of Starokostyantyniv district department of the MIA Directorate in Khmelnytsky region; • THF of Romny city department of the MIA Directorate in Sumy region; 44 Foreseen by paragraph 5.3.1 of the State norms on construction (ВБН) В.2.2-49-2004. SECTION 4. 69

• THF of Khmilnyk city department, Directorate in Vinnytsya region; Zhmerynka, Kozyatyn and Nemyriv • Territorial police unit #4 Dniprovske district department of the MIA district department of the Main MIA Directorate in Vinnytsya region; Directorate in Kyiv; • THF of Vasylkiv and Brovary city • Leninsky district department of department of the Main MIA Directorate Mykolayiv city directorate of the MIA in Kyiv region; Directorate in Mykolayiv region; • THF of Mykolayiv city department of the • Railway Department of Lviv city MIA Directorate in Mykolayiv region; directorate of the Main MIA Directorate • THF of Horodyshche regional directorate in Lviv region; of the MIA Directorate in Cherkasy • Line department of Zhytomyr station region; MIA Directorate for Southwestern • THF of Odesa city directorate of the Main Railways; MIA Directorate in Odesa region; • Central district department of Mykolayiv At the same time, the cells in THF of city directorate of the MIA Directorate in Kirovohrad city department of the MIA Mykolayiv region; Directorate in Kirovohrad region are • Kirovohrad city department of the MIA equipped with hot running water system. Directorate in Kirovohrad region; There is no alarm system (personnel call • THF of Brovary and Vasylkiv city buttons) allowing to establish immediate departments, Borodyanka district contact with the personnel, which creates department of the Main MIA Directorate the risk of untimely intervention into in Kyiv region; possible incidents (violence between • THF of Starokostyantyniv district 45 detainees, suicide attempts, fire etc.) . department of the MIA Directorate in • Line department of Kyiv-Pasazhyrsky Khmelnytsky region; station of the MIA Directorate for • THF of Romny city department of the Southwestern Railways; MIA Directorate in Sumy region; • Borodyanka district department of the • THF of Mykolayiv city department of the Main MIA Directorate in Kyiv region; MIA Directorate in Mykolayiv region; • Svyatoshyn district directorate of the • THF of Odesa city directorate of the Main Main MIA Directorate in Kyiv; MIA Directorate in Odesa region; • Starokostyantyniv district department • THF of Kirovohrad city department of the of the MIA Directorate in Khmelnytsky MIA Directorate in Kirovohrad region. region; Insufficient or missing natural and artifi- • Khmilnyk city department of the MIA cial lighting in THF cells and premises for 45 Foreseen by paragraph 2(c) of the European Pris- on Rules whereby in all buildings where prisoners are apprehended persons and persons taken required to live, work or congregate there shall be an into custody. alarm system that enables prisoners to contact the staff without delay. The rooms are not equipped with • THF of Borodyanka district department such system (there are no personnel call buttons etc.), of the Main MIA Directorate in Kyiv which was also noted in the 12th General Report of region; the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment • THF of Horodyshche regional directorate [p.48 CPT/Inf (2002) 15]. of the MIA Directorate in Cherkasy 70 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

region; in Lviv region; • THF of Brovary city department of the • THF of Starokostyantyniv district Main MIA Directorate in Kyiv region; department of the MIA Directorate in • THF of Khmilnyk city department, Khmelnytsky region; Nemyriv and Zhmerynka district • THF of Horodyshche regional directorate department of the MIA Directorate in of the MIA Directorate in Cherkasy Vinnytsya region; region; • THF of Mykolayiv city department of the • THF of Brovary city department of the MIA Directorate in Mykolayiv region; Main MIA Directorate in Kyiv region. • Svyatoshyn district directorate of the Main MIA Directorate in Kyiv; • Central district department of Mykolaiv city directorate of the MIA Directorate in Mykolayiv region.

THF of Brovary city department of the Main MIA Directorate in Kyiv region

THF of Khmilnyk city department of the MIA Directorate in Vinnytsya region Windows of cells and KZD are not equipped with vent panes, therefore ac- cess of fresh air is impossible • Svyatoshyn district directorate of the Main MIA Directorate in Kyiv; • Starokostyantyniv district department THF of Starokostyantyniv district department of of the MIA Directorate in Khmelnytsky the MIA Directorate in Khmelnytsky region region; • Korabelny and Leninsky district At the same time, cell windows have win- departments of Mykolayiv city dowpanes and accommodations for open- directorate of the MIA Directorate in ing to enable access of fresh air in the fol- Mykolayiv region; lowing THFs: • Railway department of Lviv city directorate of the Main MIA Directorate SECTION 4. 71

THF of Svitlovodsk city department of the MIA THF of the MIA Directorate in Vinnytsya region Directorate in Kirovohrad region Sanitary facilities are not equipped with semi-automatic flush taps, certain spe- cial facilities do not provide the detainees with a possibility to flush sewage. Flush taps are located in the hallway and are opened by the officer on duty at the cell block upon detainees’ request • Holosiyivske regional directorate of the Main MIA Directorate in Kyiv; • Borodyanka district department of the Main MIA Directorate in Kyiv region; • THF of the Line department of Kyiv- THF of Chernihiv district department of the MIA Pasazhyrsky station of the MIA Directorate in Chernihiv region Directorate for Southwestern Railways; • THF of Borodyanka and Zhmerynka district department, Khmilnyk city department of the Main MIA Directorate in Kyiv region; • THF of Kozyatyn district department of the MIA Directorate in Vinnytsya region; • THF of Starokostyantyniv district department of the MIA Directorate in Khmelnytsky region; • THF of Horodyshche regional directorate of the MIA Directorate in Cherkasy region; THF of Bohun district department of the MIA Directorate in Zhytomyr region • THF of Odesa city directorate of the Main MIA Directorate in Odesa region; • THF of Kirovohrad city department of the 72 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

MIA Directorate in Kirovohrad region; Violations of the right to privacy were • THF of Brovary city department of the identified in the following MIA bodies and Main MIA Directorate in Kyiv region. units: • Holosiyivske regional directorate of the Main MIA Directorate in Kyiv; • Borodyanka district department of the Main MIA Directorate in Kyiv; • Zhmerynka district department in Vinnytsya region; • Territorial police unit #4 of Dniprovske regional directorate of the Main MIA Directorate in Kyiv; • Korabelny, Central, and Leninsky district departments of Mykolayiv city THF of Starokostyantyniv district department of directorate of the MIA Directorate in the MIA Directorate in Khmelnytsky region Mykolayiv region; • Kirovohrad city department of the MIA Directorate in Kirovohrad region; • Line department of Kyiv-Pasazhyrsky station of the MIA Directorate for Southwestern Railways; • Railway department of Lviv city directorate of the Main MIA Directorate in Lviv region; • THF of the Line department of Kyiv- Pasazhyrsky station of the MIA Directorate for Southwestern Railways; • THF Borodyanka and Brovary city THF of Borodyanka Regional D of the Main MIA Directorate in Kyiv region departments of the Main MIA Directorate in Kyiv region; Violations of the right to privacy • THF of Romny city department of the In the cells of certain special facilities and MIA Directorate in Sumy region; premises for persons apprehended or • THF of Khmilnyk city department and taken into custody, the setting of sanitary Kozyatyn district department of the MIA facilities does not ensure proper privacy for Directorate in Vinnytsya region; persons using them (partitions and doors • THF of Mykolayiv city department of the are missing, or sanitary facilities are located MIA Directorate in Mykolayiv region; in the area covered by video surveillance). Therefore, detainees relieve natural • THF of Horodyshche regional directorate functions under constant supervision, of the MIA Directorate in Cherkasy which amounts to degrading treatment. In region; addition, shower cabins in certain special • Special reception center for persons facilities do not have partitions. under administrative arrest of the MIA Directorate in Cherkasy region. SECTION 4. 73

THF Kozyatyn district department of the MIA Railway department of Lviv city directorate of the Directorate in Vinnytsya region. Main MIA Directorate in Lviv region Excessive humidity and fungal lesions of walls, floors and ceilings of the cells in special facilities • Kozyatyn district department of the MIA Directorate in Vinnytsya region;

Special reception center for persons under administrative arrest of the MIA Directorate in Cherkasy region

• THF of Khmilnyk city department a Nemyriv district department of the MIA Directorate in Vinnytsya region.

THF of Horodyshche district department of the MIA Directorate in Cherkasy region 74 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Special facilities are not provided with shower cabins in accordance with the agency construction norms and international standards, and the available shower cabins fail to meet baseline standards • THF of Brovary city department of the Main MIA Directorate in Kyiv region. Number, area and equipment of THF of Romny city department of the MIA exercise yards fail to meet national and Directorate in Sumy region international standards (insufficient space, missing rain canopies etc.) • THF Line department of Kyiv-Pasazhyrsky station of the MIA Directorate for Southwestern Railways; • THF of Borodyanka district department and Brovary city department of the Main MIA Directorate in Kyiv region; • THF of Starokostyantyniv district department of the MIA Directorate in Khmelnytsky region; • THF of Romny city department of the MIA Directorate in Sumy region; • THF of Khmilnyk city department of the MIA Directorate in Vinnytsya region; • THF of Mykolayiv city department of the MIA Directorate in Mykolayiv region; • THF of Horodyshche regional directorate of the MIA Directorate in Cherkasy region; • THF Kirovohrad city department of the THF of the Line department of Kyiv-Pasazhyrsky MIA Directorate in Kirovohrad region. station of the MIA Directorate for Southwestern Railways SECTION 4. 75

Inadequate equipment of the officers for Pasazhyrsky station of the MIA investigators and attorneys Directorate for Southwestern Railways; The equipment does not meet • THF of Borodyanka district department requirements of paragraph 13.30 of the of the Main MIA Directorate in Kyiv Instruction (amended) on the functioning region; of temporary holding facilities adopted by • THF of Kozyatyn district department of the MIA order #60 dsk on 20.01.2005. There the MIA Directorate in Vinnytsya region; are also no technical means for remote • THF of Starokostyantyniv district proceedings provided for by Articles 232, 336 of the CPC of Ukraine, windows to the department of the MIA Directorate in premises next door with polarized (one- Khmelnytsky region; way) glass etc. • THF of Khmilnyk city department, Nemyriv and Zhmerynka district • THF of the Line department of Kyiv- department of the MIA Directorate in Pasazhyrsky station of the MIA Vinnytsya region; Directorate for Southwestern Railways; • THF of Odesa city directorate of the Main • THF of Borodyanka district department, MIA Directorate in Odesa region. Vasylkiv and Brovary city department of the Main MIA Directorate in Kyiv region; Violations of the right to access to important public information • THF of Kozyatyn district department and Khmilnyk city department of the MIA Contrary to p.10 of European Prison Rules, Directorate in Vinnytsya region; p. 3.1.4, 5.5.7 of VBN B.2.2-49-2004, THF cells are not equipped with television • THF of Starokostyantyniv district broadcasting antennas or radio receivers department of the MIA Directorate in with connection to radio broadcasting. Khmelnytsky region; Therefore, they have no possibility to keep • THF of Romny city department of the themselves informed regularly of public MIA Directorate in Sumy region; affairs. • THF of Mykolayiv city department of the • THF of Zhmerynka and Nemyriv district MIA Directorate in Mykolayiv region; department of the MIA Directorate in • THF of Horodyshche regional directorate Vinnytsya region; of the MIA Directorate in Cherkasy • THF of Romny city department of the region; MIA Directorate in Sumy region; • THF of the city department of the Main • THF of Horodyshche regional directorate MIA Directorate in Kyiv region. of the MIA Directorate in Cherkasy Shortcomings and violations common region; for special facilities of the internal affairs • Line department of Kyiv-Pasazhyrsky bodies station of the MIA Directorate for Violation of visiting rights Southwestern Railways; • THF of Borodyanka district department Rooms for visitations are absent, and the and Brovary city department of the Main detainees are not provided opportunities to be visited by relatives. MIA Directorate in Kyiv region; • THF of Mykolayiv city department of the • THF of the Line department of Kyiv- MIA Directorate in Mykolayiv region. 76 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Deprivation of the right to receive parcels Main MIA Directorate in Kyiv region. on weekends THFs have metal cages The regulation on receiving and delivering Investigation room #2 of the THF of parcels, which is available at the information board at the THF of Starokostyantyniv Starokostyantyniv district department of the district department of the MIA Directorate MIA Directorate in Khmelnytsky region has in Khmelnytsky region, states that parcels a metal cage that is not foreseen by any for THF detainees are accepted only twice regulation. Apprehended and detained per month. In addition, the regulation persons are placed into the cage during states that reception of parcels and visits investigation actions. Placement in a cage is not available on weekends and holidays, may amount to degrading treatment. which is a violation of the requirements of MIA regulations. Special facilities are not equipped with sets of civilian clothing and footwear In certain cases, persons taken into custody at THFs in military uniform, officials of the internal affairs bodies, security service, justice agencies, and prosecution have the right to receive a set of civilian clothing. There were no civilian clothing sets in the following special institutions: • THF of the Line department of Kyiv- Pasazhyrsky station of the MIA Not all persons placed into the temporary Directorate for Southwestern Railways; holding facilities are advised on their 46 • THF of Borodyanka district department rights and duties: of the Main MIA Directorate in Kyiv • THF of the Line department of Kyiv- region; Pasazhyrsky station of the MIA • THF district department of the MIA Directorate for Southwestern Railways; Directorate in Vinnytsya region; • THF of Nemyriv district department of • THF of Starokostyantyniv and Kozyatyn the MIA Directorate in Vinnytsya region. district departments, Khmilnyk city department of the MIA Directorate in Quartz treatment of THF cells is nominal Khmelnytsky region; • THF of Nemyriv district department of • THF of Horodyshche regional directorate the MIA Directorate in Vinnytsya region; of the MIA Directorate in Cherkasy • THF of Horodyshche district department region. of the MIA Directorate in Cherkasy Unsatisfactory general sanitary region. condition There is no comprehensive decontamination of apprehended • THF of Horodyshche regional directorate persons before their placement in THF of the MIA Directorate in Cherkasy 46 Contradicts paragraph 3.6 of the Internal regu- region; lations of temporary holding facilities of the internal affairs bodies adopted by the MIA order #638 dated • THF of Brovary city department of the 02.12.2008. SECTION 4. 77 cells Mykolayiv city directorate of the MIA Directorate in Mykolayiv region; According to paragraph 9.3 of the Rules adopted by the MIA order #638 dated • Railway department of Lviv city 02.12.2008, prior to placement in THF cells, directorate of the Main MIA Directorate apprehended persons have to undergo in Lviv region; a comprehensive decontamination • Horodyshche district department of the procedure, including washing, clothing MIA Directorate in Cherkasy region; disinfection, short haircut, beard and • Kirovohrad city department of the MIA moustache shaving (with the permission of a person responsible for criminal Directorate in Kirovohrad region. proceedings), perineal cavities. The Leaflet on unified recording of There is no comprehensive applications and notifications on crimes decontamination of apprehended persons and other events in the bodies and units of internal affairs of Ukraine47 is not located prior to placement in the cells in the THFs 48 of the Main MIA Directorate in Kyiv. in accessible places . Shortcomings and violations common for • Borodyanka and Brovary district MIA internal affairs bodies department of the Main MIA Directorate in Kyiv region; Failure to provide conditions for barrier- • Svyatoshyn district directorate of the free access to administrative buildings of Main MIA Directorate in Kyiv; IABs for persons with disabilities - stairs are not equipped with ramps contrary • Romny city department of the MIA to the State norms on construction (ДБН Directorate in Sumy region; B.2.2-17:2006) “Houses and buildings. • Territorial police unit #1 of Darnytsya Accessibility of houses and buildings for district directorate of the Main MIA groups with reduced mobility” Directorate in Kyiv; • Holosiyivske and Svyatoshyn district • Korabelny district department of directorate of the Main MIA Directorate Mykolayiv city directorate of the MIA in Kyiv; Directorate in Mykolayiv region; • Line department of Kyiv-Pasazhyrsky • Line department at Mykolayiv station Of station of the MIA Directorate for the MIA Directorate for Odesa Railways; Southwestern Railways; • Leninsky and Central district department • Kozyatyn district department of the MIA of Mykolaiv city directorate of the MIA Directorate in Vinnytsya region; Directorate in Mykolayiv region; • Starokostyantyniv district department • Line department at Lviv airport and of the MIA Directorate in Khmelnytsky Railway department of Lviv city region; directorate of the Main MIA Directorate • Vasylkiv and Brovary city department of in Lviv region. the Main MIA Directorate in Kyiv region; 47 Foreseen by paragraph 1.3 of the Instruction on • Territorial police unit#2 of uniform registration of applications and notifications Shevchenkivske district directorate of on crimes and other events at the bodies and units of internal affairs of Ukraine adopted by the MIA order the Main MIA Directorate in Kyiv; #1050 dated 19.11.2012. • Korabelny district department of 48 In the hall and citizen’s reception of the city, dis- trict, and line departments. 78 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

An inspection of the staff offices of Pechersk district directorate of the Main MIA Directorate in Kyiv, revealed items that can be used as means of psychological or physical coercion of detainees (boxing gloves and a punching bag).

Windows with vent panes allowing for ventilation

Positive experience of organization of the functioning of MIA places of detention. Example of proper THF detention conditions most closely TV receivers for access to information on public approximating international and affairs national standards. THF Kirovohrad city department of the MIA Directorate in Kirovohrad region

Lavatory ensuring the right to privacy

Hot running water in THF cells SECTION 4. 79

SHORTCOMINGS IN UKRAINIAN LEGISLATION IN RELATION TO PREVENTION OF TORTURE AND OTHER FORMS OF ILL-TREATMENT Discrepancies between provisions of the Law of Ukraine “On Militsiya” and requirements of the Criminal Procedure Code of Ukraine

Article 5 of the Law of Ukraine “On CPC Militsiya” (Police) Police: Article 29§5 of the Constitution of Ukraine states, “ Relatives of an arrested or detained person shall … immediately but no later than two hours be informed immediately of such an arrest or de- after apprehension or arrest (detention) of tention ” persons shall notify relatives on their where- abouts and, in case of oral or written request, The CPC provides that if the competent official a defender, as well as the administration of the who has carried out apprehension has grounds workplace or educational institution. for a reasonable suspicion that notification of apprehension may jeopardize pre-trial inves- tigation, he may make such informing himself without, however, breeching the requirement concerning its immediacy. According to Article 2084 of the CPC, a com- petent official who apprehended the person, shall be required to […] inform promptly other persons of his apprehension and whereabouts in accordance with Article 213 of this Code. Police: The CPC does not provide for any exception on notification of the Center for free legal aid on the … person’s apprehension. Shall notify in accordance with the proce- Article 213 of the CPC of Ukraine. dure approved by the Cabinet of Ministers of Ukraine, the Center for free secondary legal aid 4. An officer who carried out the apprehension on each case of apprehension, arrest or deten- should notify the body (institution) authorized tion of persons, except for cases where such by the law to provide legal aid at no cost im- person defends him/herself or requested a mediately. defender…

Contents of the written notice of brief description of actual circumstances suspicion do not include the time of of criminal offence of which the person actual apprehension and the time of is suspected, including time, place of the serving the notice commission of criminal offence, as well Contents of the written notice of suspicion as other essential circumstances that are defined by Article 277 of the Criminal are known at the time of notifying of the Procedure Code of Ukraine whereby written suspicion. notice of suspicion shall be drawn up by However, despite an established term for public prosecutor or by investigator upon serving the notice of suspicion (within approval of public prosecutor. In addition 24 hours from actual apprehension) in to other information, it should include the CPC, Article 277 does not contain a 80 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

requirement for indication of the date and apprehended person etc. time of actual apprehension, as well as Every internal affairs body has a number the date and time of serving the notice of of registries and journals for recording suspicion to the person. information on the stay of apprehended Therefore, it is impossible to verify persons at the unit and procedural actions compliance with Article 278 of the CPC of with his/her participation. In addition, Ukraine (written notice of suspicion shall there are procedural documents to be be served to apprehended person within drawn up immediately after apprehension 24 hours after he has been apprehended) (for instance, report on apprehension, based on the contents of the notice of report on personal search and inspection suspicion. of belongings etc.). However, there is no “unified personal file” for recording all Conflict of interest of an official actions involving the apprehended persons responsible for those apprehended from the onset of apprehension, including According to Article 212§1 of the CPC of time and motives for deprivation of liberty, Ukraine, one or more officials responsible time of advising the person on his/her for keeping those apprehended shall be rights, recording injuries or signs of mental designated in the pre-trial investigation illnesses etc.; the time of notification of the agency’s station. The only unit of next of kin/consul or attorney, as well as the pre-trial investigation agency is the time when they visit the apprehended the investigations unit. Therefore, person; the time when food was offered; responsibility for apprehended persons lies the time of interrogation, and the time of with the official of investigations unit. Even transfer to another facility or release etc. though paragraph 2 of this article states Such unified document could ensure that investigators may not be designated control of observance of the rights of to be responsible for keeping those apprehended persons from the moment apprehended, such person will still be an of actual apprehension. By the way, some official of the investigations unit. information related to the persons stay at As a result, the unit conducting the IAB can be entered into the “unified investigation is simultaneously responsible personal file” by the official responsible for for the persons suspected of crime. This apprehended persons. situation creates room for abuse of rights Shortcomings of the legislation of and freedoms of an apprehended person. Ukraine on administrative detention The legislation does not provide the In the case of the constitutional submission manner of performing duties foreseen by the Ukrainian Parliament Human Rights by the CPC of Ukraine by the official Commissioner on constitutionality of responsible for apprehended persons Article 11§1(5)(8) of the Law of Ukraine There are no legal regulations defining the “On Militsiya”, the Constitutional Court of manner in which an official responsible Ukraine in its decision #17-рп/2010 dated for apprehended persons has to record 29 June 201049 noted that “one of the all actions involving the apprehended elements of the rule of law is the principle persons, as well as where (which registries/ of legal certainty stating that restrictions journals) this official has to register the 49 http://zakon4.rada.gov.ua/laws/show/ v017p710-10 SECTION 4. 81 of basic rights of persons and citizens and Ukrainian legislation. implementation of these restrictions in The time limits for bringing of the person practice is only allowed under the condition detained for administrative offence are of foreseeability of application of legal not defined. norms established by such restrictions” (paragraph 3 of subsection 3.1 of section 3 For the purposes of drawing up a report of the reasoning). on administrative offense in cases where it is not possible to do so at the location of This conclusion is compatible with the ECHR offence, and if such report is mandatory, the case law where the Court reiterated that offender may be brought to the competent where deprivation of liberty is concerned authority, in particular, to an internal affairs it is particularly important that the general body52. The offender shall be brought principle of legal certainty be satisfied within the shortest possible time53. (Baranowski v. Poland, 28 March 2000, Novik v. Ukraine, 18 December 2008)50. However, the law does not define how the period of bringing the person should be The legislation does not identify the identified along with its maximum length. moment of onset or completion of administrative detention The procedure for serving the administrative arrest in special premises The Code of Ukraine on Administrative for persons under administrative arrest is Offences clearly defines the terms of not regulated administrative detention, yet measuring its length is practically impossible. Any Article 327§3 of the Code of Ukraine on time period, particularly one defined by Administrative Offences states that serving legislation, should have clearly defined administrative arrest should take place in limits: the moment of onset (beginning of accordance with the rules established by administrative detention) and the moment the laws of Ukraine, however there are no of completion of administrative detention. such laws at the moment. Before the Constitutional Court’s decision51, Persons subjected to arrest as length of administrative detention was administrative penalty serve the sentence defined by article 263§5 of the Code on in special premises for persons under Administrative Offences and calculated administrative arrest. The premises’ from the moment of delivering the offender functioning is regulated by the Regulations for drawing up a report, and if the person on special premises for persons under was intoxicated – from the moment of administrative arrest at the bodies of sobriety. However, the Constitutional Court internal affairs adopted by the MIA order of Ukraine decided3 that this provision #552 dated 18.09.1992. Contrary to was unconstitutional, and since then requirements of the CMU resolution #731 there is no legal definition of the moment dated 28.12.1992 “On approving of the when administrative detention begins in Regulation on state registration of legal acts and regulations of ministries and 50 Novik v. Ukraine, ECHR, appl. No. 48068/06, other state executive authorities”, the said http://zakon4.rada.gov.ua/laws/show/974_442 order was not brought into compliance 51 Constitutional Court of Ukraine, decision № 10-рп/2011 dated 11.10.2011, case № 1-28/2011 with the Constitution and laws of Ukraine http://zakon2.rada.gov.ua/laws/show/v010p710-11/ 52 Administrative Code of Ukraine, Article 259§1. print1382533618117584 53 Administrative Code of Ukraine, Article 259§8. 82 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

and other legislation, the 1950 Convention standards on the procedure of escorting for the Protection of Human Rights and apprehended, convicted, and detained Fundamental Freedoms and its Protocols, persons by rail and road transport. There as well as case law of the European Court are no unified standards that would of Human Rights, international agreements take into account ECHR case law and signed by Ukraine recognized as binding recommendations of The European by the Parliament of Ukraine. Committee for the Prevention of Torture and Inhuman or Degrading Treatment or The legislation of Ukraine does not set Punishment (CPT). standards on protection of the rights of convicted and detained persons during IMPLEMENTATION OF convoying by rail and road transport THE COMMISSIONER’S Since 2000, the European Committee RECOMMENDATIONS FOLLOWING for the Prevention of Torture and Inhuman or Degrading Treatment or VISITS TO PLACES OF DETENTION Punishment (CPT) has repeatedly provided OF THE MIA OF UKRAINE recommendations for the government of Official inquiries into shortcomings and Ukraine for improvement of conditions of violations by directorates and regional transportation of detained and convicted and Kyiv main directorates of the MIA of persons. Ukraine found during the Commissioner’s According to CPT experts, the manner of exercise of NPM functions are in progress. transportation of detainees, particularly rail For each inquiry, the Commissioner for transport, is unacceptable given material Human Rights receives a letter with inquiry conditions and possible length of travel. files and conclusions. As a rule, according to the MIA, the violations are confirmed in In its Report to the Ukrainian Government the course of inspection and shortcomings on the visit to Ukraine carried out from 24 that do not require significant financial November to 6 December 2000, the CPT expenses are corrected. In most cases, provided a number of recommendations disciplinary action is taken against a on road and rail transport of prisoners. number of officials. However, repeat visits The matter was raised again in 2002 with to city, district and line departments and the Ukrainian authorities, who stated special facilities evidence that information that a working group had been set up about elimination of shortcomings and to transfer responsibility for escorting violations is not always true. In addition, prisoners from the Ministry of Internal during official inspections on specific facts Affairs to the Department for the Execution provided by the Commissioner in relation of Sentences. In the light of the critical to criminal offences by certain IAB officials findings concerning transport vans by the (unlawful apprehension in violation of delegation that carried out the 2002 visit, Article 208 of the CPC of Ukraine following “the CPT recommended that the Ukrainian long period after commission of crime, authorities give a high priority to resolving violation of the right to defense etc.), the the issue of the conditions under which IAB leadership only imposes disciplinary prisoners are transported, with due regard liability of perpetrators. to the recommendations in paragraph 131 of its report on the 2000 visit”. Meanwhile, prosecution authorities ignore information pointing to actual crimes At the moment, there are no unified SECTION 4. 83 of specific officials during review of the Main MIA Directorate in Kyiv on 30 May Commissioners acts of response following 2014, a letter from the Representative of inspection of places of detention of the the Commissioner Yurii Belousov was sent MIA. Even more so, the Commissioner to the Prosecutor’s Office in the city of Kyiv. sends the act of response in accordance The letter mentioned specific offences with Article 60 of the CPC of Ukraine, i.e. as committed by officials of Svyatoshyn report on crime. district directorate of the Main MIA Directorate in Kyiv. Moreover, the letter Actions of the Prosecutor’s Office in the city included a statement specifying that it is of Kyiv and the Prosecutor’s Office in sent in accordance with Article 60 of the Svyatoshyn district of Kyiv serve as vivid CPC of Ukraine, i.e. as an application or illustration of such neglect of CPC report on criminal offence to a state agency requirements. In particular, following a visit authorized to initiate pre-trial investigation to Svyatoshyn district directorate of the from an entity that is not a victim. 84 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: SECTION 4. 85 86 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: SECTION 4. 87

Instead of following requirements of Article The Prosecutor’s Office in Svyatoshyn 214 of the CPC by entering the relevant district of Kyiv also ignored Article 214 information into the Integrated registry of of the CPC of Ukraine, as well as the pre-trial investigations (ERDR) and initiating Commissioner’s request on providing the proceedings, the Prosecutor’s Office in the copies of documents confirming entry of city of Kyiv forwarded the Commissioner’s information on these crimes in the ERDR letter to the Prosecutor’s Office in and initiation of pre-trial investigation. Svyatoshyn district of Kyiv. 88 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Having received no proper response city of Kyiv to provide confirmation of to information about a crime from the entry of information about the crime to Prosecutor’s Office in the city of Kyiv and ERDR and examination of facts, i.e. copies Prosecutor’s Office in Svyatoshyn district of documents requested in the previous of Kyiv, the Commissioner sent a repeat letter. request to the Prosecutor’s Office in the SECTION 4. 89

In response, the prosecution service of Kyiv persons, investigators, officer on duty, confirmed that there were no measures attorneys, or other persons during the taken to ensure proper investigation of inspection of lawfulness of apprehension human rights violation. In particular, the at Svyatoshyn district directorate of the response states that there were no Main MIA Directorate in Kyiv. explanations taken from the apprehended 90 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

In addition, the Prosecutor’s Office in unlawful apprehension, taking into custody, the city of Kyiv provided an excerpt from arrest or detention), the Prosecutor’s Office ERDR that confirms unlawfulness of in the city of Kyiv provided an excerpt apprehension of the persons in question. on the alleged crime for commission of which these persons were unlawfully Rather than providing an excerpt from apprehended. ERDR on the crime committed by officials of Svyatoshyn district directorate of the Main MIA Directorate in Kyiv (knowingly SECTION 2. 91

At the same time, the said excerpt to the MIA for information on the status contains evidence of another violation of implementation of recommendations by the Prosecutor’s Office in the city of following monitoring visits to places of Kyiv, namely the application or report detention of the MIA in 2014. on criminal offence was received on The response stated the following: 12.05.2014, whereas it was entered into ERDR on 14.05.2014, i.e. later than 24 hours, “Analysis of reports received by the MIA which is a violation of Article 214§1 of the confirmed that most widespread violations CPC of Ukraine. in activities of the monitored institutions and bodies include failure to ensure proper Based on 2014 results, a request was sent 92 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

conditions of detention in the premises for of Public Safety of the MIA conducted apprehended and detained persons, as well visits to 16 regions with inspections of as special facilities of police, inadequate 68 city, district and line departments official record-keeping, and violations of for the purposes of oversight of the the procedure on notification of the centers functioning of THFs, units of convoy service for free legal aid. of police, including implementation of recommendations following monitoring Measure to eliminate deficiencies related visits. Disciplinary penalties were imposed to the lack of proper conditions of on 55 officials, including 35 senior detention in the premises for apprehended management officials”. and detained persons, as well as special facilities of police are slow due to the lack The above confirms that MIA officials take of funding of the bodies of internal affairs. into consideration recommendations that For instance, currently equipment of 385 require significant funding. At the same premises for apprehended and detained time, majority of identified violations and persons at the duty stations, as well as deficiencies do not require significant 100 special facilities does not comply with funding and depend solely on executive the recommendations of the European discipline of individual officials. Additional Committee for the Prevention of Torture funding is not necessary to ensure the and Inhuman or Degrading Treatment apprehended person’s right to defense or Punishment. Therefore, they require immediately after apprehension (notify proper refurbishments that take place if the Center for free legal aid) or enter funding is available. These refurbishments information on the person’s stay at the took place only in the THFs of Zhytomyr bodies of internal affairs in the Registry of city department of MIA Directorate in persons taken into custody, visitors and Zhytomyr region, Vovchansk and Zmiyiv invited persons. Moreover, there is no district department of the Main Directorate funding needed to stop apprehensions of the MIA in Kharkiv region. Due to the lack without a ruling by investigating judge of funds, construction of 12 THFs is on hold. or court long after occurrence of crime in violation of Article 208 of the CPC. At the same time, staff of the Department SECTION 4. 93

4.2. Results of monitoring of institutions of the State Penitentiary Service of Ukraine At the moment, there are 150 institutions within the authority of the State Penitentiary Service of Ukraine located on the territory controlled by Ukrainian government, in which 72 602 persons were being held at the beginning of 2015.

Number of persons held in penitentiary facilities

There are 27 institutions and 47 units of criminal executive inspection on the territory of Donetsk and Luhansk regions that are not controlled by Ukrainian authorities.

In 13 remand prisons and 16 penitentiary facilities with functions 15 638 detainees and of remand prisons convicted persons

Including those on the stage of: 1 921 person Pre-trial investigations Court trial (before conviction) 5 503 persons 56 521 convicted In 115 criminal executive institutions including: person In 8 correctional colonies with maximum level of security 3 269 persons In 33 correctional colonies with medium level of security for repeat 22 592 persons offenders in 27 correctional colonies with medium level of security for first-time 16 526 persons offenders in 7 correctional colonies with minimum level of security and general 2 131 person conditions for men in 4 correctional colonies with minimum level of security and lenient 585 persons conditions for men 94 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

in 11 correctional colonies for women 2 773 persons in 4 specialized healthcare institutions 1 157 persons In healthcare institutions at correctional colonies and remand prisons 1 587 persons in 21 correction centers 2 404 persons in 6 correctional facilities (for juveniles) 443 persons Among convicted persons: 496 persons are serving arrest sentences in 53 arrest houses established at penitentiary facilities and remand prisons; 1613 persons are serving sentences of life imprisonment;

Number of persons held in remand prisons as of 1 January (2009-2015)

2015

Criminal demographics of persons trafficking of narcotic or psychotropic sentenced to deprivation of liberty: substances, their analogues or precursors, and other crimes against • 8.5 thousand persons with sentences public health. over 10 years; Production capacities of the State • 11.1 thousand persons – for Penitentiary Service of Ukraine include 88 intentional murder, including 5.6 industrial, 12 agricultural enterprises of thousand – for aggravated murder; penitentiary facilities, and 139 workshop. • 5.4 thousand persons – for inflicting In 82 penitentiary facilities, there are intentional grave bodily harm; vocational and technical educational • 14.8 thousand – for brigandism, institutions with almost 8.4 prisoner robbery, and extortion; students. • 1.5 thousand – for rape; In 2014, there were visits conducted together with representatives of the public • 24 persons – for taking hostages; to 25 institutions (10 remand prisons, • 7.5 thousand – for crimes of illegal 8 correctional colonies, 7 correctional SECTION 4. 95 facilities), including one repeat visit. The visits covered 15 regions (Volyn, Dnipropetrovsk, Zhytomyr, Zaporizhzhya, Kyiv, Lviv, Luhansk, Poltava, Rivne, Sumy, Ternopil, Kharkiv, Khmelnytsky, and Chernihiv regions). Monitoring sites:

Correctional colonies Remand prisons Shostka correctional colony (№ 66) Berezan correctional colony (№ 95) Temnivka correctional colony (№ 100) Dykanivska correctional colony (№ 12) Kyiv remand prison Pervomaysky correctional colony (№ 117) Zhytomyr penitentiary facility (№ 8) Berdychiv correctional colony (№ 70) Novhorod-Siversky penitentiary facility (№ 31) Kopychyntsi correctional colony (№ 112) Odesa remand prison Zamkova correctional colony (№ 58) Dnipropetrovsk remand prison Vilnyansk penitentiary facility (№ 11) Juvenile correctional facilities Zaporizhzhya remand prison Pryluky juvenile correctional facility Starobilsk remand prison Kremenchuk juvenile correctional facility Artemivsk penitentiary facility (№ 6) Kuryazka juvenile correctional facility Mariupol remand prison Dubno juvenile correctional facility Kovel juvenile correctional facility Melitopol juvenile correctional facility Sambir juvenile correctional facility Repeat visits Melitopol juvenile correctional facility Monitoring results provided for • Unfounded restriction not foreseen by identification of systemic violations law, as well as abuse of safety measures of procedures for detention and towards detainees and convicts punishment that lead to cruel or • Abuse of correctional regime functions degrading treatment of prisoners. by the administration of penitentiary Main issues leading to cruel or degrading facilities and remand prisons; treatment of prisoners • Negative practice of involving prisoners into control over the other • Beating on different body parts, convicts’ behavior; the use of the so-called “stretches”, “swallow”, “standing on columns”, and • Unfounded transfer from one facility putting salt on self-inflicted injuries; to another, disciplinary punishments, restrictions of access to TV programs • Public humiliation through irregular cleaning of places of common use and • Biased internal investigations, lack of sanitary facilities; possibility to receive legal advice, as well as violation of the petition procedure • Hard handcuffing leading to the lack of possibility to • Inhuman or rude treatment of convicts challenge administrations’ actions. by some staff members; A monitoring visit to A.S. Makarenko 96 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Kuryazka juvenile correctional facility this manner have to carry the sandbag and interviews with juveniles revealed with them at all times, including during information about numerous violations sleep; of human rights and freedoms in the - Marching on the training ground entails functioning of the above facility. the juvenile marching along the square In particular, existence of a clear unofficial perimeter for several hours; there were hierarchy among inmates was brought cases of all-day marching by a group up. The “active” unit chosen by the singing a military song. administration was responsible for 24/7 A monitoring visit to Temnivka correctional control of the convicts’ behavior. The colony (#100) revealed facts of multiple “activists”, in return enjoy preferential violations of human rights and freedoms in treatment from the administration. The the functioning of the said facility. above illustrates how the personnel practically relieved themselves from For instance, administration of the prison the correctional work with the juveniles uses the so-called “active” unit to maintain and transferred these functions to other order. In violation of criminal executive convicted persons, which constitutes a legislation, the said unit practically gross violation of both domestic legislation performs functions of correction and and international standards. control. During interviews, the residents voiced We should note that the staff of the multiple complaints on ill-treatment, some Secretariat of the Commissioner for of which can amount to torture, cruel, Human Rights has repeatedly encountered inhuman, or degrading treatment and these practices of correctional and punishment in accordance with the ECHR juvenile correctional facilities of the case law, in particular: State Penitentiary Service whereby the administration practically holds aloof from - Pouring sault on the body in case of its duties on correction and control of the injuries – this particularly cruel form convicts’ behavior. Instead, they place these of punishment, which can be qualified important functions with other convicted as torture, can be used if the juvenile persons thus violating national legislation hurts him/herself as a form of protest; and international human rights standards. - “standing on columns” – the juveniles However, particularly in Temnivka are forced to stand in one spot during correctional colony (№ 100) the use of the long time (up to 15 hours) over the so-called “active” unit has reached extreme course of several days, sometimes – scale. The administration formalized this three months. The entire staff of the practice by establishing the “order section” facility is aware of the practice, as performing the functions of maintaining well as school teachers who mark the order and controlling behavior of convicted punished children as absent; persons. The convicted persons from the - Constant carrying of a sandbag – is used section walk around the territory with red towards underage persons who are on armbands; they gather in their premises the preventive register for suicide/self- where field officers give instructions, harm tendencies (40 persons are in including on measures in relation to the registry). The minors punished in individual convicts; they take part in both SECTION 4. 97 general and personal searches etc. physical violence in the form of “stretches”. The persons is put facing the wall with the They enjoy privileges from the arms up and legs at shoulder width, beaten administration, and can move freely around with hands, feet and wooden sticks on all the territory, as well as have their own gym. body parts, except for the head. All interviewed convicts that the so-called drill is implemented through to “active” The administration uses such refusal to clean unit with disciplinary punishments for as a method of selection in accordance with minor violations. For instance, one of the the criminal subculture. Considering these “activists” required the junior inspection persons to be criminal leaders, after the to write a report on violation of the regime beating the personnel imposes the strictest for a minor violation (damaged clothing disciplinary punishment of placement into tag). When the latter refused, the “activists” disciplinary isolation cell for 15 days. personally took the convict to the duty unit Further on these convicts confront the where he continued to demand disciplinary staff in relation to their unwillingness to sanctions from the administration. follow certain procedural documents, i.e. The duty unit has specialized room prohibition of sleep and sitting on beds with barred windows foreseen by the during daytime, regulated wake-up after legislation. The room has no furniture/ night sleep, compulsory physical exercise, appliances except for a table. According to restrictions in access to TV programs, as the administration, the said room is used well as the lack of free movement around for searches. At the same time, the convicts the territory etc. The convicted persons stated that these premises are used for also incite other inmates not to follow temporary (up to 10 hours) holding of these instructions. The administration convicts who had violated the procedures, often penalizes them in order to reduce until obtaining their explanations. the negative impact of the said convicted persons, calls them gross violators of During visits to Dykanivska (#12) and the penitentiary regime, and prepares Pervomaysky (#117) correctional evidence for punishment on false grounds colonies, and interviews with the convicted under Article 391 of the Criminal Code of persons, members of monitoring groups Ukraine. received information about numerous violations of the rights of convicted Inmates also stated during interviews that persons, as well as identified instances of persons attempting at or committing self- ill-treatment that can amount to torture, harm, as well as those behaving in agitated cruel, inhuman, or degrading treatment or manner during conversations on regime punishment. violation, are placed into temporary off- record holding at the medical unit for the The so-called correction measures start so-called “tying”. The administration tells from the moment of convicted persons’ these convicted persons that the latter will arrival to the facility when the staff and be subjected to relevant measures due to “active” inmates offer newcomers to clean their aggressive behavior. Unregistered toilets and other places in the quarantine, case files on psychiatric disorders are diagnostics, and allocation units. The compiled in relation to these persons. Then, personnel and “active” prisoners subject in the medical ward, they are tied to the bed those who refuse to mop the floors, to with sheets with no opportunity to satisfy 98 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

their natural needs. Staff and “activists” about this with a request to provide periodically use violence towards these relevant legal qualification. inmates, including beatings with hands On 22 May 2014, the Office of the Prosecutor on different body parts, predominantly in Rivne region recorded this case into the chest, resulting in injuries of varying the ERDR under #12014180000000049 degrees, including cracked ribs. Another and initiated criminal proceedings with type of common manner of inflicting a preliminary qualification under Article injuries is the following: the staff member 365§2 of the Criminal Code of Ukraine. stands on the convict’s chest and abdomen and jumps for at least 10 minutes while At the same time, all 16 juveniles who had holding on to the wall. reported cruel treatment changed their testimony following interviews with the In the quarantine, diagnostics and prosecutors and signed written statements allocation unit, the monitors discovered on denying previous statements. that an “active” inmate stays with the newcomers 24/7 (during the past 1.5 In another case, during a visit to Bilenke years) who is registered as cleaning correctional colony (#99) and interviews staff performing household services. with the convicted persons, the regional PR However, his tasks include control over the coordinator of the Commissioner received newcomers’ behavior, as well as, according information on the use of violence by the to the interviewees, active partaking in staff towards 12 prisoners who had arrived mental and physical violence towards the from Zaporizhzhya remand prison. said persons. The Office of the Prosecutor of Zaporizhzhya At the same time, according to information region received this information; however, submitted to the Commissioner, an there was no legal qualification of the inspection by the Office of the Prosecutor actions or relevant response measures. in Kharkiv region shoed that none of In November 2014, the Commissioner for the persons interviewed by prosecutors Human Rights opened proceedings on the provided explanations on existence of the mass assault of prisoners by the staff of said violations. Berdychiv correctional facility (#70). Meanwhile, the Secretariat of the In the framework of proceedings it was Commissioner received information established that on 12 November 2014, in on the use of repressions (placement accordance with the Plan of general search into disciplinary isolation cell) towards in Berdychiv correctional colony (#70), the prisoners who communicated with there was a general search. According to the monitoring group during its visit to the inmates, the search was conducted in a Dykanivska correctional colony (#12). rude manner; the facility staff insulted them A request sent to the State Penitentiary and tried to provoke illegal actions. They Service in relation to this fact remained threw personal belongings, food items, without due response. dishes and underwear of the inmates from In Dubno juvenile correctional facility, 16 the living areas to the hallway floor. inmates reported cruel treatment (physical In addition, there was a report on the violence) by the administration. Local beating of 10 convicted persons who were prosecution authorities were informed first brought from the enhanced supervision SECTION 4. 99 unit to the headquarters and, following a According to the prisoners, on 12 short conversation, assaulted by the field November 2014, the staff and other officers of the facility. For instance, the people in camouflage uniform led by the inmates noted that the staff were holding deputy director of the facility H. entered their hands behind their back in handcuffs the enhanced supervision unit cells at and continuously hitting and kicking their Berdychiv correctional colony (#70) where head, mostly in the back. Visible injuries the prisoners were held. By that time, H. had were attested by the representative of the been dismissed from office for two weeks Secretariat of the Commissioner following due to investigation into his illegal action examination. towards convicted persons. The group announced a search though “they did not In Kyiv remand prisons, physical injuries look for anything, only took and destroyed (stripe bruises of wrist joints from food, personal belongings, confiscated handcuffing, bruising and hemorrhage spoons, cups, mirrors and glass dishes”. of the head and neck) were found on 4 Then, the prisoners were taken out of the convicted persons brought from Berdychiv cell allegedly for a conversation with the correctional colony (#70) via Zhytomyr directorship. They were brought one-by- penitentiary facility (#8) on 12 November one to the room and beaten cruelly, as well 2014. as threatened with physical destruction, with no explanations. Other units also had similar instances of the use of violence. A large number of inmates confirmed the information received by the Commissioner during personal and group interviews with the staff of the Commissioner and representatives of public human rights organizations with prisoners of Berdychiv correctional colony (#70). Moreover, there were reported self-harm acts by four prisoners protesting against administration’s actions. Instances of cruel treatment were also found at Zamkova correctional colony (#58) and Vinnytsya penitentiary facility (#1) during a visit on 29 November 2014. According to a convicted P., in the morning of 27 November 2014, during removal from the disciplinary isolation cell at Zamkova correctional colony (#58) to the medical unit, the prison staff beat him. To protest these actions, the convict harmed himself by cutting both forearms. On the same night, he was transferred to 100 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

another penitentiary facility. Upon arriving Results of monitoring of Berezan to Vinnytsya penitentiary facility (#1) on correctional colony (#95) evidenced that 28 November 2014, he was examined by administration of the facility stratifies the medical staff who recorded external bodily convicts and transfers responsibility for injuries in the form of bruising and scratch maintaining order to convicted persons wounds on his back. with negative tendencies. By doing so, they support criminal subculture without Systemic violation of the penitentiary consideration of social correction methods procedure established by law leading to provided by the Criminal Executive Code of violation of the right to free development Ukraine. of person Thus, the administration relieves itself Support of criminal subculture, from the duties of correction measures social correction methods, transfer and control of the convicts’ behavior of responsibility for maintaining transferring these duties onto convicted penitentiary procedure by the persons with negative tendencies. This administration of facilities to the practice constitutes a gross violation of convicted persons national legislation and international - Existence of strict hierarchy among the human rights standards. convicted persons and appointment of Interviewed prisoners confirm the the “enforcers” for the facility, its units, information above. According to them, local sectors, quarantine unit, common the administration transfers a number of funds, gambling etc. tasks in relation to maintaining order in - Substitution of the set procedure for the prison to some of them. In particular, enforcement of convicted persons’ there is a strict hierarchy among them, rights with the criminal subculture and appointed “enforcers” responsible for the material dependency of some convicts facility, units, local sectors, quarantine unit, from others. common fund, and gambling etc. The so- called “common funds” includes money - Transfer of functions of maintaining and material resources (cash, cigarettes, order at the regime facility to convicted medicines etc.) and is collected as a toll persons with negative tendencies who from the convicted persons. At the facility, maintain connections with the outside the system of influence is constructed world organize delivery of prohibited in the following way: 50% of issues are items, solve conflicts and other current solved by the “enforcers”, and 50% - by the issue. administration. - Use of methods of influence on The “enforcers” appointed from prisoners convicted persons, which are not exercise control in the regime facility, foreseen by the law. maintain connections with the outside - Social discrimination and world, solve conflicts and other current marginalization of convicted persons, issues, including matters of delivery of stigmatizations, and dishonoring prohibited items to the secured area (persons are isolated, regularly (drugs, alcohol, mobile phones, parcels, cleaning certain cells, toilets, places of tobacco products, coffee etc.). In addition, common use etc.). prisoners can purchase any item from SECTION 4. 101

“dealer” prisoners. checkpoint. These measures are also used in relation to convicted persons who had Almost all matters of delivery of prohibited overdosed on narcotic substances. The items are solved through the industrial administration did not provide sufficient area. In addition to the production explanation as to these facts. norm, different items of common use are produced from the leftovers (large waste). In addition, there are stigmatized prisoners These items, the so-called “livak” are usually who regularly clean toilets, particularly sold for money (small souvenir items in other cells. Almost all prisoners at the costs 300-400 UAH, items requiring more disciplinary isolator/cell-type premises handcraft – 1200 UAH) or cigarettes. confirmed this fact and stated that duty schemes are formal, whereas cleaning In violation of the law, the convicts can of sanitary facilities in the cells is done consume alcohol, however, exclusively after by convicted persons brought by the the evening inspection. The use of alcohol administration in the morning. “not during designated time” is punished by “enforcers” and their assistants. There Among other things, there are cases of is a stricter penalty, physical punishment, arbitrary restriction of the legal rights of for those initiating conflicts in the state convicted and detained persons: of alcohol or drug intoxication, as well as • There are violations of the right to drug overdose (these cases are carefully telephone conversations. Due to concealed). the limited number of phones and For instance, during conflict between the schedule designed in the interests of convicted person and administration, the administration, the length does not latter involves “enforcers” who use their exceed 3-5 minutes; status and influence to punish the prisoner. • There have been numerous complaints The said conflicts are usually resolved in by convicted persons and prisoners on the absence of administration staff. Only failure to follow the requirements of food in cases of strong resistance or outrage preparation, as it does not have proper by the prisoner, handcuffs are used (for quality and organoleptic qualities. pacifying the persons). Other special There are almost no fresh vegetables or means (straitjacket, rubber batons etc.) are sufficient amount of fats in prisoners’ not used. In certain cases, administration nutrition; denies lawful requests as a penalty for bad • There are cases of using free labor of behavior. convicted persons who are taken to While the administration is completely production units for longer than the inactive and supporting, there are period established by the legislation, or instances of cruel and degrading treatment their working hours are not recorded among prisoners. It was established during properly. In addition, there are instances monitoring that 8 persons who had stolen when items produced by prisoners are from other prisoners or were in debt counted as production of the so-called before them and did not return it (“rats”) “active” unit (brigadiers); were rejected by the general population • Amount of allocations for compensation of prisoners and kept constantly at of the work of prisoners assigned for the isolated premises at the inter-zone household services does not allow for 102 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

payments of minimum monthly wage the rights to freedom of belief and religion. (1218 UAH). In practice, they are paid At the same time, in most cases response only 0.25 or 0.5 of the minimum wage. to these petitions is insufficient and has There is no compensation for work on low efficiency: weekends and holidays in accordance Petitions are sent to the authorities, actions with the Labor Code of Ukraine; of which are subject to complaint; • In almost every facility, there are instances of insufficient provision Inspections are superficial since their staff of individual protection means and does not review in detail actions of the additional nutrition for workers. administration and keep neutral and loyal position; The Commissioner for Human Rights regularly receives citizens’ petitions on Internal investigations into alleged illegal violations of the legal rights of detained actions by certain officials are superficial or and convicted persons. In 2014, there were not held at all; 1038 petitions on these matters, usually There are only formal responses or referrals raising the following issues: to other state authorities with justification • Unsatisfactory conditions of holding that the matters are outside of their scope convicted and detained persons, and of competence. low quality of food; There is a need to solve the issue related to • Violations of the right to healthcare, adherence with Article 113 of the Criminal medical assistance and insurance; Procedure Code of Ukraine, as there are • Violations of the right to numerous complaints from convicted correspondence persons about the lack of possibility to challenge actions of the administration. • Violations of the procedure for phone In practice, inmates can only submit an oral calls; complaint to the officer on duty. In case • Use of physical violence and threats to of a written closed application the inmate life by the administration; can be called to the administration with • Violation of the right to legal aid. opening of the envelope and reading of Convicted and detained persons are the contents, and even tearing the letter practically not aware of their rights and and throwing it away. Later, a conflict is duties, and facility administrations ignore provoked through the “activists” with the provision of such information. The said inmate and disciplinary sanctions applied, facts are confirmed by a large number of including placement into the disciplinary petitions (816) to the Commissioner for isolation cell or transfer to the enhanced Human Rights asking for clarification on supervision unit. implementation of the Law of Ukraine “On The low performance of the Amnesty in 2014”, as well as requirements administrations in relation to clarification of the criminal executive legislation of rights deserves particular attention. in relation to conditional release from The leaflets “Rights and duties” are punishment, transfer to other penitentiary not adequate and contained limited facility closer to the place of residence, information on exercise of rights. obtainment of a passport, restoration of Information boards are not kept well. SECTION 4. 103

There are virtually no updates, and the It is forbidden to call without arrangements information is outdated. The boards with the senior officer on duty. “Legal corner” contain no information on Berezan correctional colony (#95) has only the rights of inmates. In addition, most one payphone. One can use it only upon departments have no information on writing an application and having a card prevention of socially dangerous diseases. from the relatives. At the same time, the In addition, interviews with inmates majority of interviewed inmates confirmed revealed that a large number of question that they use the payphone very rarely and on amnesty, phone calls, parcels, or visits. prefer illegal mobile connection instead. If The inmates are not aware of their rights there is cash, a “dealer” inmate solves the and duties, and the administration ignores question of buying a cell phone for 250 providing such information. In certain UAH. cases, officials respond, “There are things In majority of visited institutions, I read out, and there are things I will not organization of free time and leisure mention”, or “Nothing is allowed”. As a of inmates is unsatisfactory. There are result, in June 2014, convicted persons at virtually no functioning organizations of the disciplinary isolation unit at Berezan amateur arts except for religious services correctional colony (#95) went on a hunger and certain religious groups. For the strike to receive clarification of the latest most part, convicted persons spend their legislative changes on receiving parcels. leisure through watching TV programs and The inmates were forced to take this action playing board games (cards, backgammon, since the administration fulfills the request chess etc.). in such case. Violations of the right to sufficient The right to phone conversations foreseen standard of living, including sufficient by Articles 107, 110 of the Criminal nutrition, clothing, and housing (Article Executive Code of Ukraine is not ensured 48 of the Constitution of Ukraine), remain in its entirety. The convicted persons widespread in penitentiary institutions. complained about violations of the privacy of conversations by other inmates. • Illegal fees for meals and material belongings contrary to the current Article For instance, one can only use the phone 121 of the Criminal Executive Code of upon writing an application and having a Ukraine whereby convicted persons are card received from the relatives. At the same obliged to reimburse only cost of utilities time, the majority of interviewed inmates and other provided services. confirmed that they use the payphone very rarely and prefer illegal mobile connection The Ministry of Justice of Ukraine insists on instead. full reimbursement of meals and clothing by convicted persons despite the fact that, For instance, there are only 2 payphones according to the decree of the Cabinet of for 1200 inmates at Temnivka correctional Ministers of Ukraine #1017 dd. 08.08.2007 colony (№ 100). A convicted person has “On approving the list of paid services to arrange with the senior officer on duty provided by institutions of the State prior to making a phone call. The latter Penitentiary Service”, food, provision of dials the number, clarifies the addressee’s inmates with food, clothing, footwear, and data, and only then allows a conversation. garments are not on the list of services. 104 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

On 11 March 2015, the Commissioner for provided by the institution as a protest Human Rights addressed the Prosecutor to illegal actions and negligence of the General of Ukraine on the matter of administration. They were complaining ensuring the rights of convicted persons about inappropriate conditions, including in relation to payments from their salaries, insufficient space, unsatisfactory pensions, or other income. condition of sanitary facilities, insufficient lighting and ventilation, low level of food In response, the Office of the Prosecutor procurement and medical service. A large General of Ukraine informed that the number of complaints concerned arbitrary position of the Ministry of Justice of disciplinary punishments, as well as Ukraine, in accordance to which “other forcing to write statements on absence of provided services” include “provision of complaints by the prosecution and facility food, clothing, footwear and garments” staff. is erred and not based on legal norms. Accordingly, on 31 March 205, a letter was The Office of the Prosecutor of Izyaslav sent to the Ministry of Justice of Ukraine district of Khmelnytsky region initiated a emphasizing the above and suggesting criminal case under article 365§2 of the that measures be taken to eliminate these Criminal Code of Ukraine (entered into the violations, including initiation of relevant ERDR on 20 October 2014) pursuant to an legislative amendments. application by an inmate S. on assault. The issue of outcomes of a repeat inspection is • The issue of placement and provision of open at present time. living space for the convicted persons is not solved; there are no decent sanitary and living conditions; • The appliances are old and worn; living premises require regular, sometimes capital refurbishment, networks of communal use are in similar condition; • Most general cells of remand prisons are dirty; the walls are leaking and covered in mold; there is virtually no free space due to excess crowding, anti-sanitary conditions and unpleasant smell; • Sanitary facilities are in unsatisfactory technical condition; ventilation and lighting are insufficient or absent etc. As a result of negligence, there are conflicts between the administration and convicted persons. A vivid example took place at

Zamkova correctional colony (#58) in October 2014. The visit established that approximately 230 inmates refused to take food SECTION 4. 105

Odesa penitentiary facility (№ 21) For instance, the diagnostics and allocation unit of Melitopol correctional colony was equipped similar to an enhanced supervision unit in violation of Article 95 of the Criminal Executive Code of Ukraine. Sleeping premises (2 rooms with 3 sleeping In general, conditions of holding inmates places each) are equipped as cells with cell in penitentiary institutions fail to meet doors and additional internal cage doors legal requirements: contrary to pp. 11, 12 of the Internal rules for penitentiary facilities approved by the The number of equipped sleeping places order of the State Department of Execution exceeds the legal norm on space. There is of Punishments #275 dd. 25 December virtually no free space in living sections. 2003. There are many unnecessary things in rooms for personal belongings, and the During a visit, one underage woman was in inmates keep their belongings under their one of these premises. She explained that beds; she was virtually in one sleeping room at all times, refusing to go out to a walk and Living and service spaces of structural staying at the exercise yard for no more units of certain facilities are not used in than 15 minutes. In order to leave the accordance with their purpose; sleeping room, one needs to call a senior Electrical networks are designed with inspector to open the door since there is no violations of safety rules and isolations, and free access to all additional premises of the their use is extremely dangerous; unit, drinking water, or sanitary facilities. Certain departments have no premises for The exercise yard at the unit is too small, correctional measures; and it is only possible to sit on the bench. In addition, it is located within 15 meters Sanitary facilities in most visited institutions from the security line next to the area for are in unsatisfactory condition. service dogs. As a result, loud barking and aggressive behavior of the dogs creates unbearable conditions and makes it 106 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

impossible for someone to remain in the exercise yard. At the time of monitoring, there was reconstruction of social and psychological service premises from barracks to blocks. These premises, as a rule, are designed for stay of approximately 50 inmates. In the meantime, sleeping premises in other units remain overcrowded with 90- 150 inmates. As a result, sleeping places do not provide for minimum privacy; there is no sufficient free space; the inmates create Shostka correctional colony (№ 66) private space with curtains made from sheets.

Berdychiv correctional colony (№ 70) At the same time, among general sleeping Berezan correctional colony (№ 95) premises where most inmates are held, there are separate high-comfort rooms for 5-10 persons equipped with TVs, microwaves, fans, electric kettles etc. Inmates with privileged status are placed in these premises, which does not reflect objectives and principles of criminal executive legislation.

Zamkova correctional colony (№ 58)

SECTION 4. 107

solution, such reserve is absent. Some toilet stalls are not equipped with semi-automatic flush or doors, which leads to spread of unpleasant odors, excess humidity, anti-sanitary conditions, as well as prevents their use with respect for dignity and privacy.

Berezan correctional colony (№ 95)

Berezan correctional colony (№ 95) Windows of correctional colonies are in inadequate technical condition, some of them have broken or non-transparent glass causing insufficient access of daylight. Design of the windows is outdates, and the frames cannot be opened. Access to fresh air is provided only through disassembling them, which is impossible during the cold period. Consequently, access to fresh air is Zhytomyr penitentiary facility (№ 8) restricted. Washing rooms are in unsatisfactory There is no daily upkeep of adequate technical and sanitary condition, there sanitary and hygienic conditions in certain were not enough taps. general use facilities (sinks, toilets). Their condition is anti-sanitary and does not correspond to technical requirements: sinks and closet cups are old and outdated requiring replacement. Despite available instructions on disinfection in units and the need to provide prepared disinfectant 108 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Berezan correctional colony (№ 95) Berezan correctional colony (№ 95) There is no upkeep of adequate order in the rooms for storage and intake of food, and fire safety requirements are severely violated. For instance, there were burnt bricks on the table at the unit #2 used as a stand for self- made oven for heating food. Electric sockets in housekeeping rooms are out of order, fridges are outdated and lacking sanitary disinfection, which causes gastrointestinal infections. Rooms for storage of personal belongings have no order, and some inmates’ bags have no tags Vilnyansk penitentiary facility (№ 11) with last names and brigade numbers. Rooms for reception and personal search are not equipped adequately as there are no seating arrangements (benches, chairs). The rooms are in disorderly and anti- sanitary condition; the equipment is worn out and has not been repaired for a long time. There is insufficient lighting, and the room is half-basement. SECTION 4. 109

light bulbs are not covered with ceiling lamps preventing access by inmates. The toilet is flushed through the sink tap, and there is no semiautomatic flush. The water is provided by the officer on duty upon request, which leads to constant unpleasant odor. The sanitary facility of the cells was in inadequate technical condition and dirty, and its use was degrading for the person’s dignity. There is no drinking water in cells; the Berezan correctional colony (№ 95) convicted persons drink tap water, the quality of which is unsatisfactory. When kept in plastic bottles, it causes rusting.

Zhytomyr penitentiary facility (№ 8) Almost all visited enhanced supervision Mariupol remand prison and disciplinary isolation cells have insufficient natural lighting, inadequate technical condition of sanitary units, weak intake and exhaust ventilation. Some disciplinary isolation cells are narrow with virtually no free space. Two-person cells are only 1.1 – 1.7 sq. m. wide and are unfit for holding people. The number of equipped sleeping places in enhanced supervision and disciplinary isolation cells exceeded the number of inmates significantly leading to insufficient free space. The lighting is natural and artificial, Berezan correctional colony (№ 95) and there is half-darkness when artificial lights are off. In addition, the lighting is designed with violations of safety rules, 110 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Shostka correctional colony (№ 66) Exercise yards for inmates at disciplinary isolation/enhanced supervision cells are typically made of four solid walls sized 12- 25 square meters with high bars instead of a ceiling. Replacement of the textured coating has not been completed (the walls are covered with rough coating); they need decoration and increased access to sunlight (despite the required 1/3 of the area, rain canopies Shostka correctional colony (№ 66) take up almost the entire space), as well as Conditions in arrest houses conditions for physical exercise. The cells are designed for several persons Exercise yards for detained persons in and have the capacity of 14 sleeping places. remand prisons are in similar condition. Conditions of persons under arrest are identical to those in disciplinary isolation cells and cell-type premises, as they are also located in the semi-basement.

Berezan correctional colony (№ 95) SECTION 4. 111

technical condition; ventilation and lighting are insufficient or absent etc. According to the legislation in relation to access to hygiene items by persons in remand prisons, the latter have the right to purchase or receive in parcels/packages, use and store items of first necessity, periodicals, literature, food etc. At the same time, there is insufficient attention paid to improvement of general hygiene in remand prisons, access to water Mariupol remand prison and sanitary conditions, as well as personal hygiene items contrary to requirements of The issue discrepancy between the legislation and international standards on legislative norms on space in cells of treatment of prisoners. preliminary detention facilities and current human rights standards is yet unresolved. In particular, the Law on Preliminary Detention establishes that it should not be less than 2.5 sq. m., whereas current international standards provide for at least 4 square meters. Unfortunately, with the lack of funding for regular and major refurbishments, these measures were not implemented. The following violations remain widespread in remand prisons: There are no adequate responses to the Zaporizhzhya remand prison issues of placement and provision of living space; there are no adequate sanitary and material conditions; The appliances are old and worn; living premises require regular, sometimes capital refurbishment, networks of communal use are in similar condition; • Most general cells of remand prisons are dirty; there are leakages and mold on the walls; there is virtually no free space due to excess crowding, anti- sanitary conditions and unpleasant Kyiv remand prison smell; • Sanitary facilities are in unsatisfactory 112 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

and wheat porridge, the cooking process does not follow the technology (the soup is an indiscrete mass, there are many bones in the food, sometimes – chicken feathers, and fish is provided only in canned form. The usual dinner is potatoes (“resembling animal food”). During the visit to meal units of Dykanivska (#12) and Pervomaysky (#117) correctional colonies, Starobilsk remand prison, it was established that lunch salads from pickled vegetables did not contain onion and Vilnyansk remand prison oil in violation of regulations. Nutrition of convicted and detained persons even during summer has virtually no fresh vegetables. During monitoring of penitentiary facilities, prisoners voiced complaints about violations of the labor legislation during the use and remuneration for prisoners’ work. One of the inmates of Berezan correctional colony (#95) indicated that he had been working at the unit producing items of general use during a long period, yet received three cigarettes as compensation. Following an attempt to challenge the administration’s actions, he was subjected to disciplinary measures, including transfer to a cell. Manufacturing process at certain enterprises of penitentiary facilities is not organized properly, the so-called Odesa remand prison “active” prisoners known as “brigadiers” In addition, during interviews the prisoners control fulfillment of production norms and voiced complaints about the failure to quality indicators. In addition, they perform adhere to food preparation technology staff functions in relation to preparing leading to low quality and inadequate work tasks and controlling assignments on organoleptic properties: the food does not taking prisoners to manufacturing sites. The taste good, pickled cabbage is provided brigadiers enjoy preferential treatments every day, the nutrition is limited. by the administration, including higher wages. The food has low quality and inadequate organoleptic properties. The menu lacks For instance, the average salary at the variety: predominantly it includes barley bag production unit at Pervomaysky SECTION 4. 113 correctional colony (#117) in June 2014 account (25% of total salary). was approximately 100 UAH, whereas There is an issue of insufficient funding of the brigadiers received over 700 UAH for the work of service staff prisoners by the that month. Moreover, the inmates stated State Penitentiary Service. Importantly, that part of the produced merchandised these expenses are provided under the is recorded as the brigadiers’ output so “Salaries” line of the state budget (KEKV the latter would receive higher salaries. 2111) along with remunerations for Situation at the manufacturing unit at contracted workers. In practice, the salary Dykanivska (#12) correctional colony is of these inmates was paid less than in similar. half (in some facilities – a quarter) of the There were instances of using free labor legally established minimum despite the of inmates at Pervomaysky correctional fact that majority of these prisoners had colony (#117). The prisoners were taken been working at least 8 hours per day to manufacturing sites daily from 16:45 (including weekends and holidays) due to to 19:30 (for 2 hours 45 minutes) with no uninterrupted technological cycle of the record in the worksheet. There was also no functioning of these facilities (cafeteria, record of produced merchandise. There interregional hospitals, steam-rooms etc.). were other instances of using free labor Their work on weekends and holidays due to failure to keep record of performed was not remunerated at all despite work at the said facility (brigade on roof requirements of the Labor Code. repair). In violation of Article 110 of the Labor In 2014, administrations of penitentiary Code of Ukraine, Article 30 of Ukraine “On facilities continued to conclude remuneration”, administrations did not agreements with commercial enterprises notify prisoners on the amount of salary, on services with the use of the customer’s in particular the total amount, size and raw materials (in particular, for knitwear grounds for reductions, and the amount and other goods) with minimum payment transferred to the personal account of for the prisoners’ labor. For instance, in inmates. Berdychiv correctional colony (#70), the In addition, in violation of the Resolution amount for worker’s salary in the price of of the USSR State Labor Committee and one pair of gloves constituted 5 kopiyka. the Presidium of the Central Council of Thus, agreements concluded by many Trade Unions #731/ П-13 dated 16.12.1987 institutions are unbeneficial to prisoners “On the order of free provision of milk or since they exclude the possibility of other food products of the same value receiving fair compensation. to workers and servicemen working in Inspection of the issue of piece rate pay hazardous conditions”, workers of units established that during long period a with hazardous conditions (foundry symbolic salary was provided, which is production, electric and gas welding) did degrading in relation to the workers and not receive milk. In addition, there were no constitutes slave labor. The enterprise bonuses for hazardous labor conditions as of Berdychiv correctional colony (#70) foreseen by law. established the salary of O.O. Hrytsenko in July 2014 in the sum of 6 UAH, and only 1.5 UAH was transferred to his personal 114 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

The state of ensuring the right of tuberculosis at the isolation ward, convicted and detained persons to which created an extremely dangerous healthcare raises concerns. epidemiological situation in both the facility and entire city of Artemivsk. In Following the monitoring visits, the relevant addition, there were 2 persons with insulin reports indicating specific shortcomings dependency form of diabetes who had were reviewed with subsequent not received any injections for several recommendations for improvements. weeks. The situation with procurement of The following shortcomings were most medication and medical equipment at the frequent: facility was unsatisfactory. The last transfer Medical records do not correspond to of procurement funds took place in July current legal provisions; 2014. The medical unit lacked medication Insufficient level of testing for HIV-infection, for hypotension, bleeding, pain, as well as inadequate medical care for inflammation, and spasms, there were no persons with HIV/AIDS; rubber gloves, drip systems, syringes etc. Territorial medical establishments of the Inadequate conditions for prisoners with MoH of Ukraine refused to provide medical infectious tuberculosis; assistance for the special population in Inadequate records on physical injuries of violation of the joint order of the Ministry underage prisoners at the time of arrival; of Justice and Ministry of Health of Ukraine №239/5/104 dated 10.02.2012 “On the Failure to follow joint orders of the Ministry Procedure for cooperation between of Justice and Ministry of Health of Ukraine healthcare institutions of the State on providing prisoners with medical Criminal Executive Service of Ukraine with assistance; healthcare institutions in provision of Insufficient procurement of necessary medical assistance to detained persons”, equipment and medication for medical which further complicates the critical units; situation of medical assistance in remand prisons. Insufficient knowledge of norms and requirements of international human During visits, there were multiple instances rights legislation, standards on treatment recorded when patients admitted to of prisoners by the personnel; regular treatment (following preliminary examination) were discharged in 3 days Unsatisfactory level of training for medical with a diagnosis “almost healthy”, which personnel for confirmation or upgrade of is confirmed by the relevant records in qualification; the journal of patient registration. These Kits for urgent medical assistance lacking instances took place in relation to patients medications, medical equipment is not with pneumonia and rheumatism with used in accordance with the purpose (the contagious endocarditis and mitral valve ultrasound machine is not used due to the deficiency. absence of a qualified specialist). The said fact calls for further inspection A monitoring visit to Artemivsk remand since during monitoring visits to prison on 16 October 2014 showed that Shostka correctional colony (#66) and there were 38 patients with infectious Berdychiv correctional colony (#70) there SECTION 4. 115 were complaints by prisoners about The key issues raised in these petitions infringements of the rights of ill prisoners included low level of primary medical admitted to general hospital at Temnivka assistance at penitentiary facilities, correctional colony (№ 100) through inadequate organization of the process coercion to refuse treatment. Interviewed of consultations with specialists, inmates also stated that early discharge arbitrary delay in reviewing requests for prior to completion of treatment is used as hospitalization by the Department of the a punishment for violations (for instance, Penitentiary Service of Ukraine etc. smoking outside of designated areas). For instance, on 3 April 2014 pursuant During monitoring visit to Mariupol to proceedings launched by the remand prison on 19 November 2014, Commissioner for Human Rights following it was established that there were two a petition of citizen Zh., a verification visit prisoners with firearm leg injuries at the to Shostka correctional colony (#66) medical unit. This constitutes a violation took place for the purpose of checking of current legislation as they are in need information on violation of constitutional of specialized medical assistance. In rights of a convicted R. Multiple violations addition, despite requirements of the of the rights of persons at the institution Cabinet of Ministers decree #205 dated were identified during the visit. In particular, 25 June 2014, there were 24 persons with health condition of prisoner R. required contagious tuberculosis at the cells of urgent surgery thus he was referred to tuberculosis unit. The said persons must the interregional hospital at Temnivka receive treatment either in specialized correctional colony (№ 100). However, units of tuberculosis treatment hospitals of officials of the institution demanded the State Penitentiary Service of Ukraine, that prisoner R. and five other convicted or at tuberculosis treatment facilities of the persons waived treatment. As a result, all of Ministry of Health of Ukraine. them returned to the penitentiary facility. On 9 October 2014, a visit to Starobilsk During personal conversations with remand prison showed that only convicted persons, violations of the disinfection specialist and pharmacist were rights of prisoner D., a diabetes II patient, present from the entire medical unit staff. were discovered. During his stay at According to their professional duties, they Temnivka correctional colony (№ 100), do not provide direct medical assistance. the medication for maintaining blood Staff of the human resources service failed sugar level was confiscated. Upon return to clarify to the monitoring group who was to Shostka correctional colony (#66), he vested with duties of the medical unit chief. did not receive any treatment thus facing Consequently, this leads to a conclusion on threat to his life. inadequacy of the protection of the right to There were numerous recorded healthcare at the institution. violation by the Department of the State Importantly, in 2014, the Commissioner Penitentiary Service that ignored requests for Human Rights received 615 written for hospitalization of convicted persons. petitions from prisoners or their close Sometimes responses to such requests relatives on inadequate medical assistance were provided only after 3-6 months, or not at penitentiary facilities. provided at all. 116 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Response and state of dialogue with the which Ukraine is a party or member State Penitentiary Service in relation to state, prosecutor or defense counsel. The recommendations of the Commissioner said instruction violated the procedure for Human Rights established by the Regulations on the custody of detained and convicted persons According to the SPS, the service authorities in remand prisons of the State Department have conducted a detailed inspection for Execution of Sentences approved of the Report of the Commissioner on by the Department order #192 dated Monitoring Places of Detention in 2013. An 20.09.2000. According to the procedure, in order #№ 804/0д-14 dated 24.12.2014 of case of absence of a postal stamp or funds the SPS was issued, and a working group for its purchase, expenses are born by the comprised of SPS officials was established remand prison. for the purpose of implementation of the Report recommendations. The issue of compliance with Article 134 of the Criminal Executive Code of Ukraine Overview of the results of conducted is under supervision. The said article activities at the bodies and institutions regulates communication of the convicted under the authority of the SPS of Ukraine person with an attorney or other legal were submitted to the Secretariat of the expert authorized by the law to provide Commissioner for Human Rights. legal aid personally or upon assignment of The SPS of Ukraine supports measures for a legal entity during the convicted person’s implementation of the national mechanism (prisoner’s) stay at the disciplinary isolation against torture for strengthening guarantees unit, isolation ward, cell-type premises. for protection of human rights. In particular, Rooms for short visits are equipped in unimpeded access to facilities of the accordance with the order of the Ministry SPS is foreseen for the staff of the NPM of Justice of Ukraine # 1118/5 dated Department of the Secretariat of the 27.07.2012. Commissioner for Human Rights. To ensure cooperation with the ombudsman, the SPS issued an order #810 dated 30.11.2012, in accordance to which authorities of territorial SPS bodies shall provide necessary support to the staff of the NPM Department in their monitoring visits to penitentiary facilities and remand prisons. The State Penitentiary Service of Ukraine has taken into account recommendation of the Commissioner and revoked internal instruction #3/2/1-2344 dated Shostka correctional colony (№ 66) 28.04.2010 that prohibited accepting open correspondence from detained and convicted persons to the Commissioner for Human Rights, the European Court, other international organizations to SECTION 4. 117

A number of measures were implemented for the purposes of improving conditions of custody for convicted and detained persons.

Zamkova correctional colony (№ 58) Persons sentenced to life imprisonment and the housekeeping unit prisoners have the possibility of unlimited number of phone conversations pursuant to written Artemivsk remand prison applications. The calls are conducted via payphones at their own expense.

Zamkova correctional colony (№ 58) Pryluky juvenile correctional facility Drinking water tanks with taps were installed in the cells of remand prisons. The priority was given to cells for underage persons. Refurbishments of some exercise yards took place along with equipping them with rain canopies and creating conditions for active physical exercise.

Sambir juvenile correctional facility 118 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

and assignment of treatment. The decree of the Cabinet of Ministers of Ukraine #205 dated 25 June 2014 approved the Procedure for medical assistance to persons with tuberculosis who are detained or held in custody at remand prisons and penitentiary facilities. According to the order, there is mandatory medical examination and treatment, including specialized, of convicted and detained persons with tuberculosis.

Melitopol juvenile correctional facility Selection of goods at the facility stores was increased to include food, tobacco products, detergents, personal hygiene items, clothing, footwear, bed linen and underwear. Prices for goods at the stores do not exceed marginal prices, and all the quality documentation is available.

Mariupol remand prison

Artemivsk remand prison Functioning of medical units is modified to comply with the joint orders of the Ministry of Justice of Ukraine and the Ministry of Zhytomyr penitentiary facility (№ 8) Health of Ukraine. The staff of medical units established supervision over the group of persons with tuberculosis, viral hepatitis B and C. Institutions are cooperating with territorial institutions of the MoH of Ukraine, including infectious disease specialists who are involved, if necessary, for consultation SECTION 4. 119

4.3. Results of monitoring of institutions of the State Border Guard Service

4.3.1. OVERVIEW OF DETENTION PLACES OF THE STATE BORDER GUARD SERVICE

Places of detention of the State Border Guard Service subject to NPM monitoring include: • Temporary detention facilities (TDF)54; • Special premises for temporary custody of persons apprehended under administrative law (SP)55; • Designated places (including transit zones) at border checkpoints for custody of persons denied entry to the country (places of custody for persons denied entry – PCPDE)

PLACES OF DETENTION 2012 рік 2013 рік 2014 рік TDF 10 11 10 SP 75 60 53 PCPDE No information 3 0 As of 31 December 2014, the State Border Guard Service operated 63 places of detention with the total capacity of 314 persons (10 TDFs for 158 persons and 53 SPs for 156 persons). During 2014, the above facilities held 1058 persons from 43 countries (of which 660 were in custody for up to 3 days, and 398 for over 3 days). As to the specially designated premises (rooms) at Ukrainian state border checkpoints for persons denied entry to the country (except for transit zones of international airports): according to official data of the border agency, none of these places were functioning in 2014 at the border checkpoints (in 2013, three specially designated premises were functioning – in Simferopol, Donetsk and Kharkiv airports). During the year, NPM monitors visited 5 places of detention under the control of the State Border Guard Service of Ukraine, including two repeat visits (in 2013 there were 8 visits, including one repeat visit), namely: – 1 TDF (Lviv border control unit); – 2 SPs (Zhulyany unit of Kyiv separate checkpoint and Lviv-airport unit of Lviv border control unit);

54 Temporary detention facilities are intended to hold offenders apprehended under administrative law on suspicion of an offense pursuant to a decision of the investigator and in accordance with the procedure estab- lished by the Criminal Procedure Code of Ukraine. Such facilities operate in locations of the state border guard authorities (usually, regional centers). 55 Special premises are arranged at the units directly involved in protection of the state border and are desig- nated for temporary custody of offenders apprehended under administrative law and violations of legislation on the state border of Ukraine. 120 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

- 2 PCPDE (transit zones of Kyiv and Lviv − Units of Zhulyany border unit of Kyiv airports). checkpoint (Kyiv international Airport) and Lviv-airport unit of Lviv border Typical violations identified during control unit (Lviv International Airport) monitoring visits have no actual or formal medical staff; There were no violations of the rights of − According to paragraph 3.2. of internal detained persons that may constitute regulations at the SP of Zhulyany unit of torture, cruel, inhuman or degrading Kyiv checkpoint, only persons held at the treatment or punishment found in 2014. facility for over three days have the right Following confidential communication to a walk with duration of 1 hours; with detainees, interviews with the staff − Rooms for detainees have no desks and security guards of facilities, inspection or tables despite regulations of the of the state of functioning of facilities border agency (Zhulyany unit of Kyiv and examination of premises, a number checkpoint, Lviv-airport unit of Lviv of shortcomings that may lead to ill- border control unit). treatment were identified, in particular: − The current procedure does not guarantee free access of detainees to information on their rights and other useful information that would help adapting to new conditions, as well as provision of information in a language understandable to them immediately after apprehension56);

56 At Zhulyany border unit of Kyiv checkpoint and Lviv-airport unit of Lviv border control unit useful information (on the management of border guard agencies, contact phone numbers of the court, prosecution authorities, legal aid providers etc.) is available in Ukrainian language only on the board at the special premises hall. The internal regulations, daily schedule for persons detained at the SP in Monitoring of the legislation of Ukraine, Ukrainian, Russian, and English languages are agency and interagency norms on available on the same information board. Translations are either absent or incorrect. observance of rights and freedoms of SECTION 4. 121 detained persons and prevention of freedoms of citizens at the Ukrainian state torture, cruel, inhuman, or degrading border checkpoints (in 2013 – one visit to treatment took place throughout the year. the transit area of Kyiv airport). Its outcomes pointed to the following Monitoring results confirmed the urgent issues that had already been mentioned in need to find solution to the lack of adequate the NPM report in 2013: conditions at transit areas of airports for - rules and standards in the current persons denied entry into Ukraine and Regulations on the procedure of fulfillment of their vital needs (water, food, holding of individuals detained by sleep, contact with the outside world etc.). the State Border Service of Ukraine under administrative proceedings for violation of the legislation on the state borders of Ukraine and on suspicion of a criminal offence do not meet the current minimum standards for the treatment of persons taken into custody and, therefore, require revision; - there is no legal regulation of the list of disciplinary measures towards persons held in custody of the border agency, conditions and procedure for their application, as well as guarantees for prevention of torture during their application; - another remaining unresolved legal issue relates to the duty of public authorities to ensure proper conditions and vital needs (water, food, sleep, satisfaction of natural needs etc.) in transit zones of international airports for persons who were denied entry into the territory of Ukraine, whose freedom of movement in the transit For instance, Kyiv and Lviv international area of such airports is limited until airports have no conditions for sufficient return to the country of departure. night rest of persons denied entry. The latter often await return flights during one Observance of human rights and or several days. Regardless of their age and freedoms at the Ukrainian state border sex, they only have the possibility to stay checkpoints at general seating of the departure area. During 2014, there were two monitoring Mothers with children suffer the most from visits to Kyiv and Lviv airports conducted these conditions since the state does not to transit areas of airports for the purposes provide them with the possibility to use of monitoring observance of rights and premises for mothers and children free of 122 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

charge. room for violations of human rights and freedoms, in particular, the freedom of Foreigners denied entry have no way of movement. topping-up their mobile phone accounts to make calls since there are no such Case study: On 5 September 2014, terminals at the departure areas. border guard officials at Lviv airport denied entry into Ukraine to the The departure are has no points to citizen of Turkey M. The decision was exchange currency for the purchase of based on the record in the database personal items at the outlets (duty-free of the State Border Guard Service on stores). prohibition of entry for this persons There is an ongoing issue related to issued by the regional department of numerous denials of entry into Ukraine the State Migration Service of Ukraine. based on the results of questioning by To prove legal grounds of his actions, officials of the Border Guard Service. Turkish citizen M. provided copies of decisions of the district administrative For instance, statistics on performance court that postponed and revoked the of the border unit at Lviv international above SMS decisions. However, the airport during 9 months of 2014 shows competent border guard official did not that following interviews Lviv border guard consider these court decisions though officials denied entry predominantly on the they are binding in accordance with grounds of failing to confirm the purpose the Ukrainian legislation and serve as of visit to almost half of all foreigners who confirmation of the legal right of M. to were denied admission. The State Border enter Ukraine. Consequently, the right Guard Service command is not concerned to freedom of movement of this person, with the fact that often such interviews in particular, to enter Ukraine, was take place with significant obstacles violated. to communication without qualified As a rule, when denied entry, foreigners interpreters or access to legal aid. are deprived of access to legal consultation According to the head of the border or support from organizations or experts control unit at Lviv international airport, authorized to provide legal aid in these interviews with foreigners for qualifying cases. the purpose of visit and availability of Passport control areas have no visual funds for the period of stay and return are contact information on these issues. conducted based on the risk assessment Officials of border control units do not in accordance with the Law of Ukraine “On provide such information to foreigners. Border Control”, decrees of the government Consequently, foreign citizens who were and other regulations of the agency. denied entry into Ukraine currently However, the said law and statutory have no access to legal aid during their provisions do not contain clear criteria of stay at the transit (service) areas of risk assessment that justify denial of entry international airports in Ukraine. into Ukraine on the above grounds. Implementation of the Commissioner’s In the Commissioner’s view, the lack of recommendations provided in 2014. clear criteria for justified decision that According to the Administration of the denies crossing the state border creates SECTION 4. 123

State Border Guard Service, during 2014: persons along with information on the right to contact the center for free • suggestions of the Commissioner secondary legal aid; taken into consideration in the draft of the new Instruction on the custody of • Rooms for placement of detained persons detained at the bodies (units) persons at Zhulyany unit and Lviv of state border control; airport were equipped with desks and chairs; • Information on the right to immediately inform the next of kin • Issues on prevention of torture, on apprehension, grounds thereof inhuman or degrading treatment and and one’s whereabouts was included punishment of detained persons were into the written form of clarification of included into the personnel training the rights and duties of the detained programs for 2015.

4.4. Results of monitoring of institutions of the State Migration Service OVERVIEW OF DETENTION PLACES • Chernihiv TAC (capacity – 208 persons). OF THE STATE MIGRATION SERVICE According to official data of the migration agency, during 2014 these TACs held 407 According to Article 13 of the Law of Ukraine foreigners and stateless persons (in 2013 “On Ukrainian Parliament Commissioner for – 337 persons), including 312 persons in Human Rights”, the following institutions of Volyn TAC and 95 persons at Chernihiv TAC. the State Migration Service (hereinafter – the SMS) are subject to monitoring: Since the TAC in Chernihiv region was not functioning during the second half of Centers for temporary stay of foreigners and 2013 due to refurbishments, staff of the stateless persons illegally staying in Ukraine NPM Department of the Secretariat of the (hereinafter – TACs); Commissioner visited the TAC twice in 2014 Temporary accommodation centers for – in August and December of the reporting refugees57. period. The SMS of Ukraine maintains and operates During monitoring visits, administration two TACs designed for simultaneous and personnel of these facilities did not accommodation of 373 persons: impede access of monitoring groups to • Volyn TAC (capacity – 165 persons); premises and confidential communication with the detainees. 57 The national preventive mechanism does not Results of confidential communication with monitor temporary accommodation centers for refu- gees since, according to the legislation, the state does foreigners and stateless persons, interviews not restrict asylum seekers in their decision on wheth- with the staff, inspection of official records er to stay at these centers, as well as they can leave and premises of TACs showed no instances and return at their own will. At the same time, the NPM of torture or cruel treatment of detainees continues to monitor legislation in this field to estab- lish whether these centers are places of detention in in 2014. the understanding of Article 4 of the Optional Proto- Based on the results of monitoring visits col to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. by NPM Department, the administration of 124 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

the center and the leadership of the State Chernihiv TAC did not succeed in hiring a Migration Service of Ukraine undertake nurse for at least one of the three vacant efforts to the extent possible to implement positions. Medical assistance is provided by recommendations for the prevention of one nurse and general specialist working inhuman or degrading treatment of the part-time and visiting the center 1-2 times TAC “residents”. per week. In particular, following NPM The foreigners did not receive printed recommendations, the migration agency leaflets on the rights and duties of developed leaflets on the foreigners’ rights, foreigners, internal TAC regulations, calls duties, house regulations, contacts of from the payphone and other useful organizations and institutions providing information that would support quick legal and other assistance. In addition, adaptation of foreigners in conditions at Chernihiv TAC, the TV was repaired of isolation. Despite assertions of the and payphone functioning was resumed administration and presentation of a following the visit in August 2014 when printed copy of the leaflet, the monitoring they were not working. group did not see these leaflets with any of the foreigners. Key issues that can be viewed as ill- treatments identified at Chernihiv TAC Despite the fact that foreigners have in 2014 already served punishment for the violation, they are deprived of the right to The TAC administration continues to keep personal valuable belongings with restrict access to communication with them (documents, precious metals goods, the outside world to persons detained personal money etc.). at the TAC, in particular with the family members. The above belongings are necessarily confiscated during placement to the TAC For instance, there is an ongoing practice and kept at a designated premise of the of confiscating mobile phones with photo facility. and video cameras during placement to the TAC. Short-term use is only permitted upon approval by the director of the facility. Since the TAC is not a facility for execution of punishments, and persons held therein were subjected to administrative sanctions prior to their placement to the TAC, such restriction is clearly disproportionate to the violation. However, on the positive note, the administration does not prohibit migrants from using mobile phones without photo and video cameras. The issue related to lack of qualified medical personnel was solved only to some extent. During the year, administration of SECTION 4. 125

at the psychological relaxation room was not working. The only functioning TV was in the room of Afghani citizens. The sanitary condition of the bathroom, shower, and toilet during both visits was unsatisfactory. Administration appoints foreigners living on the relevant floor for daily cleaning of these premises.

Room for storing personal belongings of foreigners

Ceiling and ventilation in the shower room at the dormitory Bathroom at the dormitory According to the records on TAC personnel trainings, there were three sessions titled “Convention against torture and other Registry of confiscated valuable belongings and forms of cruel, inhuman, or degrading safe with storage cells treatment and punishment” held in 2014. During the first monitoring visit in August, However, interviews with the guards the foreigners (except for Afghani citizens) showed the lack of knowledge in the field were deprived of the possibility to view any of prevention of torture and ill-treatment. TV programs: the TV with satellite reception There are two staff positions of interpreters 126 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

at Chernihiv TAC, and only one of them is Consequently, a person is virtually filled with a person fluent in English and deprived of his/her liberty for a very long French, whereas the other one has been time (up to 12 months) with not relevant vacant for a long time. As a result, there is court decision, which can be viewed as a a language barrier between the personnel violation of the right to liberty. and foreigners affecting the treatment of The Regulation on the center for temporary migrants in negative way. stay of foreigners and stateless persons Three rooms for multiple-persons illegally staying in Ukraine adopted by the accommodation (## 301, 308, 309) have MIA order #390 dated 16.10.2007 does not only 2.5 sq. m. per one person instead comply with certain norms of Ukrainian of 7 sq. m. provided by the minimum legislation and international standards in international standards. the field of protection of the rights and freedoms of foreigners, in particular, in Foreigners at Chernihiv TAC have no free relation to: access to information on the possibility of receiving free secondary legal aid or • The requirement for immediate contact information of a center providing provision of sufficient relevant such services near the facility. information to support adaptation in conditions of deprivation of liberty Regulatory deficiencies leading to ill- to a foreigner or stateless person at treatment: the time of placement into the TAC in According to Ukrainian legislation, a native or other language that s/he foreigners and stateless persons who had understands; committed administrative offence (illegal • Definition of a clear list of items stay in Ukraine or border crossing) can allowed (prohibited) for use at the TAC; be expelled from Ukraine based on the • Exclusion of the possibility of decision of an administrative court. Until placement of foreigners and stateless completion of measures necessary to persons to the so-called localized implement the court decision on expulsion, rooms (as a form of disciplinary they are held in the custody of the centers punishment); for temporary stay of foreigners and stateless persons of the State Migration • Obligatory written permission of a Service of Ukraine (TACs). medical staff for the placement of foreigners or stateless persons to these Current legislation authorizes the State rooms, and daily medical supervision Migration Service of Ukraine and the State of mental and physical health of these Border Guard Service of Ukraine to take persons; decision on placement of persons into the • Guarantees for confidentiality of TACs (the Law of Ukraine “On Legal Status medical examination of foreigners and of Foreigners and Stateless Persons”, the stateless persons; Law of Ukraine “On amendments to laws of Ukraine pursuant to adoption of the Law of • Possibility to submit personal Ukraine “On Legal Status of Foreigners and belonging and items to the competent Stateless Persons”” dated 16.10.2012, 5453- TAC official at any time at one’s will; ІV). • Possibility for the families for spending time together during the day. SECTION 4. 127

Implementation of NPM recommendations provided to the State Migration Service in 2014 On the regulatory framework: − Recommendations of the NPM are taken into consideration in the draft Instruction on the custody of foreigners and stateless persons in centers for temporary stay of foreigners and stateless persons illegally staying in Ukraine; On other issues: − Following visits of NPM monitoring groups, administration of Chernihiv TAC in coordination with the central office of the SMS of Ukraine has developed and in December 2014 started issuing to each person at the moment of placement, with signed confirmation, leaflets with information on conditions of their stay at the facility for the purpose of familiarizing detained persons with the TAC rules, rights and duties, as well as other relevant information to support speedy adaptation in detention. 128 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

− Damage of the satellite TV cable was opportunity of unrestricted use of repaired, and the payphone, which mobile phones with photo and video was not functioning at the time of the cameras and Internet access with the first visit, resumed its work; view to their status of persons who had served administrative punishment and − The number of beds in rooms # 301, awaiting expulsion; 308, 309 was reduced to provide foreigners and stateless persons with • Filling vacant positions of nurses at at least 7 sq. m. of floor space per the healthcare unit of Chernihiv TAC person. (according to official position of the migration agency, this question is not Recommendations on the following relevant since the TAC is not filled); issues were not implemented: • Inclusion of materials on prohibition of • Providing foreigners and stateless torture into trainings of guards; persons with the possibility to decide • The need for organizing language on the procedure of storing personal training of the TAC staff to improve valuables, money and documents; communication with foreigners. • Providing migrants with the 4.5. Results of monitoring of institutions of the Ministry of Defense OVERVIEW OF PLACES OF DETENTION OF THE MINISTRY OF DEFENSE OF UKRAINE.

Under the definition of Article 13 of the Law of Ukraine “On the Ukrainian Parliamentary Commissioner for Human Rights”, the NPM monitoring covers the following institutions of the Ministry of Defense of Ukraine: Disciplinary battalion of the Policing Service of the Armed Forces of Ukraine (hereinafter – PSAF disbat); Guardhouses; Rooms for temporarily detained military personnel (hereinafter – RTD); Special wards at military hospitals (hereinafter – special wards); Military units of the Armed Forces of Ukraine58.

58 Military units where citizens of Ukraine serve military duty. SECTION 4. 129

Number of institutions of the Ministry of Defense of Ukraine and persons held therein in 2012-2014

Type of 2012 2013 2014 institution (as of 31.12.2012) (as of 31.12.2013) (as of 31.12.2014) Number Number Number Number of Number of Number of of of of institutions institutions institutions persons persons persons Disciplinary 1 14 1 10 1 10 battalion Guardhouse 4 64 2 19 1 43 Rooms for temporarily detained 18 9 32 3 30 110 military personnel Special wards at 8 4 8 4 6 7 military hospitals Military 337 50582 239 11520 158 7902 units In 2014, the staff of the NPM department and public monitors conducted two repeat visits to detention facilities of the defense agency: − the guardhouse of the Central Directorate of the Police Service of the Armed Forces of Ukraine (hereinafter – PS AFU guardhouse) − Psychiatric clinic of the Main Military Clinical Hospital of the Ministry of Defense of Ukraine (hereinafter - MMCH). In addition, a visit to military unit A0139 located in Kyiv took place with the aim of monitoring the rights and freedoms of military conscripts. During visits, representatives of the institution administrations did not impede the groups’ access to places of custody, as well as confidential communication with the military men. At the same time, similar to 2013, the monitoring group had to wait for a long time for permission of the military leadership for access to the territory of the facility (visit to the m/u A0139 in Kyiv, waiting time – 50 minutes). 130 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Порушеня прав засуджених, узятих під варту та затриманих військовослужбовців у 2014

3 неналежні умови тримання 31

66 неналежне поводження

недостатня підготовка персоналу

Analysis of identified violations shows that only leave the building escorted by majority of them (66%) relate to material medical personnel for the purpose of conditions, 31% concern ill-treatment, and medical examinations and treatments; 3% - insufficient organization and training • The registry on the use of physical of the staff on prevention of ill-treatment of restraint measures towards the persons deprived of their liberty. patients of the psychiatric clinic of the In 2014, there were no recorded MMCH does not reflect all instances of instances of violations of the rights of the use of such measures. convicted, detained and apprehended On ensuring adequate conditions: military personnel or conscripts, which can be viewed as torture or cruel At the MMCH psychiatric clinic: treatment. • Patients are accommodated in rooms Confidential interviews with convicted, with 10-12 persons, there is not detained and apprehended military enough fresh air in hospital wards; personnel, interviews with the staff of • The bathroom is for common use by the administrations of facilities and the men and women with restricted access guards, inspection of the functioning (it is locked, the service nurse opens it and examination of premises revealed a every hour or upon patients’ request); number of restrictions of the rights and • Smoking takes place in the bathroom, freedoms of the above category of persons there is no sufficient ventilation. that can amount to inhuman or degrading treatment. At the sleeping premises of the m/u A0139: These include, first of all: • The actual space per person is less than the recommended minimum (2.8 In relation to ill-treatment: sq. m. instead of 4 sq. m.); • There are no outdoor walks organized • There is no intake and exhaust, or for patients of the psychiatric clinic of forced mechanical, ventilation; the MMCH – military conscripts. They • Most mattresses, pillows, and blankets SECTION 4. 131

used by the conscripts are worn and In relation to personnel training: need replacement. Educational materials on prevention Other issues that have negative impact of torture of convicted, detained and on the rights and freedoms of military apprehended military personnel are not personnel at the facilities of the Ministry included into the standards of training for of Defense include: the staff of security and patrol services of the authorities (military units) of the Police In the regulatory framework: Service in 2014; There is no mechanism for exercise of the Military personnel guarding persons held right of patients to submit confidential in custody at the disciplinary battalion and complaints to relevant authorities outside at the PS AFU guardhouse have low level of the healthcare facility of the Ministry of of awareness on prevention of torture and Defense of Ukraine; cruel treatment of convicted, arrested and The MoH has not established an official detained military personnel. informed consent form for hospitalization Implementation of recommendations of to the psychiatric clinic of the MMCH the Commissioner provided in 2014 required by article 1 of the Law of Ukraine “On Psychiatric Assistance”; Results show that leadership of the Ministry of Defense of Ukraine, the Police In relation of ill-treatment of persons: Service of the Armed Forces of Ukraine and Most interviewed patients of the military units subject to repeat visits take psychiatric clinic of the MMCH do not have certain steps towards implementation of information on the purpose of treatment, NPM recommendations on prevention of their diagnosis, names of medications they torture, cruel and degrading treatment of take, as well as their impact on the body. convicted, arrested, and detained military Some patients are not aware of the reasons personnel and conscripts. for admission to the psychiatric hospital; The monitors noted progress in treatment There has been no solution for the issue of inmates and improvements of material of arbitrary confiscation of mobile phones conditions in visited facilities. of the patients of the MMCH psychiatric According to official data of the defense clinic – military conscripts where no agency (PS AFU) during 2014, similar to 2013, such restrictions have been authorized approximately half of recommendations by the doctor. According to the decision were implemented, predominantly those of the clinic director, they are allowed to not requiring significant funding. communicate with family and close ones via mobile phone only on Tuesday and In relation to the regulatory framework: Friday from 15:00 to 16:00 at the room of 1. The Instruction on the procedure the nurse where confiscated phones and of punishment at the disciplinary chargers are stored; battalion (approved by Order of the Military conscripts are not familiar with the Minister of Defense of Ukraine on right to use mobile phones during off-duty November 29, 2004, No. 567, and time (m/u A0139). registered with the Ministry of Justice of Ukraine on December 10, 2004, 132 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

under No. 1572/ 10171) was amended defense counsel in the case, as well as in relation to: correspondence received by convicted − The right of convicted military persons from the above entities and personnel to subscribe and receive persons; newspapers, magazines and other − The ban on lowering standards for periodicals at their own cost with no nutrition in case of placement into restrictions on their number, as well solitary confinement; as, in accordance with the procedure − Restrictions on the right to freedom established by the commander of of religion or expression related the disciplinary battalion, to conduct to religious views are permitted at phone conversations with no guardhouses and special wards only in restrictions to their number, including the scope established by the Criminal during their stay at in-patient Executive Code of Ukraine; healthcare institutions; − Requirements for equipping rooms for − Obligation to provide convicted short/long-term visits; military personnel with access to − Application of the rights, duties, confidential attorney visits and prohibitions and restrictions receiving legal assistance, including established by the criminal executive during their stay at in-patient legislations for persons serving prison healthcare institutions sentences to those sentenced to − Guarantees for convicted military guardhouse arrest; personnel undergoing treatment − Receiving medical assistance and on receiving legal assistance and treatment, including paid services, conducting telephone conversations at personal/relatives/ expense at in accordance with the Criminal healthcare institutions licensed by the Executive Code of Ukraine. Ministry of Health of Ukraine outside of 2. The Instruction on the procedure and the system of the Ministry of Defense; conditions of detention for military − Receiving legal aid from attorneys or personnel taken into custody other legal experts authorized by law (approved by Order of the Minister to provide legal aid personally or upon of Defense of Ukraine on September assignment from a legal entity; 26, 2013, No. 656, and registered with − Application of the right to legal the Ministry of Justice of Ukraine on aid to convicted military personnel October 16, 2013, #1775/ 24307) was undergoing treatment at in-patient amended in relation to, in particular: healthcare institutions; − Prohibition on reviewing convicted − Revoking restrictions on phone persons’ correspondence addressed to conversations for the military the Ukrainian Parliament Commissioner personnel (including mobile networks), for Human Rights, the European in particular during their stay at in- Court of Human Rights, as well as patient healthcare institutions, as well other relevant bodies of international as the right to use the Internet; institutions to which Ukraine is a party or member state, competent officials − Establishment of amateur art of these institutions, prosecutors, organizations by convicted military SECTION 4. 133

personnel and their participation in AFU guardhouse (for 3 persons) in accordance such organizations on voluntary basis. with the requirement of the European Penitentiary Rules and the Commissioner’s In relation to improvement of detention recommendations. conditions for convicted, arrested and detained military personnel: On including training materials on prevention of torture into personnel training programs: In the end of 2014, pursuant to recommendations of the national NPM provided to the defense agency, the Police Service of the Armed Forces of Ukraine included issues of prevention of torture of convicted, arrested and detained military personnel into the standards of training for the staff of security and patrol services of the authorities (military units) of the Police Service of the AFU and organizational and methodological guidelines on training of Refurbishment and construction work these units for 2015. completed on equipping one cell of the PS 4.6. Results of monitoring of institutions of the State Court Administration of Ukraine OVERVIEW OF PLACES OF According to official SCA data, there were DETENTION OF THE SCA OF 25 appellate courts and 637 local courts of UKRAINE general jurisdiction operating in Ukraine in 201459. According to Article 13 of the Law of Premises for accused persons (defendants/ Ukraine “On the Ukrainian Parliament convicts) were maintained and used in all Commissioner or Human Rights” NPM 25 appellate courts (100%) and in 448 local monitoring covers the premises (rooms) courts of general jurisdiction (70.3%). for defendants (convicts) at appellate and local courts of general jurisdiction. During 2014, there were visits to 7 local courts of general jurisdiction: According to Article 145 of the Law of Ukraine “On Judiciary and Status of Judges”, • Solomyansky district court, Kyiv; the State Court Administration (hereinafter • Dniprovsky district court, Kyiv; – SCA) provides organizational support for • Svyatoshyn district court, Kyiv; the functioning of state judicial authorities, • Boryspil city district court, Kyiv region; including through its territorial branches. • Ripky district court, Cherkasy region; The above law establishes that its duties • Prydniprovsky district court, Cherkasy include, in particular, ensuring conditions for functioning of the courts of general 59 Excluding the courts on the territory of the Autonomous Republic of Crime. Information on the jurisdiction, preparation of materials for number of courts in Luhansk and Donetsk regions is suggestions on budgets of courts. valid for 01.01.2014. 134 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

region; • Sosnivsky district court, Cherkasy region. As a rule, court management of courts supported the work of NPM monitoring groups, officials guarding the accused persons (defendants/convicts) during their stay in court did not impede confidential communication of monitors with the latter. Typical violations of the rights and freedoms of accused persons (defendants/convicts) identified in 2014 Solomyansky district court, Kyiv 1. Like in the previous year, manifestations of cruel, inhuman or degrading treatment were found in all visited courts. Confidential interviews with the accused persons (defendants/convicts), interviews with court officials and guards, inspection of official documentation and examination of court premises showed that the following manifestations of cruel treatment of accused persons (defendants/convicts) continued in 2014 a. Overcrowding of cells for accused Svyatoshyn district court, Kyiv 60 persons (defendants/convicts) ; d. Lack of sufficient or any meals on the day b. Premises for accused persons of participation of the accused person (defendants/convicts) fail to meet (defendant/convict) in court hearings62; international standard minimum rules for detention of prisoners61;

60 For instance, there were 2 persons in each cell of Dniprovsky district court in Kyiv. Accordingly, there was 1.4 sq. m. of floor space per person while the na- tional standard is 4 sq. m. (ДБН В.2.2-26:2010. Courts). 62 At Dniprovsky district court in Kyiv, persons 61 The area of single cell in Prydniprovsky district brought from Lukyanivsky remand prison received court in Cherkasy is 1.2 – 1.3 sq. m., in Ripky district one slice of white bread and one boiled egg instead court of Chernihiv region – 1 sq. m., Svyatoshyn of lunch. At Prydniprovsky district court in Cherkasy, district court in Kyiv – 0.7 sq. m.. defendant S. did not received any lunch. SECTION 4. 135

Restrictions of the rights and freedoms of the accused persons (defendants/ convicts) that constitute inhuman or degrading treatment. a. many courts continue to use metal cages instead of organic glass barriers in courtrooms;

Lunch substitution for three persons at Dniprovsky district court in Kyiv e. Lack of fresh air due to tobacco smoke and ineffective ventilation.

Dniprovsky district court in Kyiv

Dniprovsky district court, Kyiv

Ripky district court in Chernihiv region b. Many courts do not have bathrooms or water sources for the defendants. Available bathrooms are in anti-sanitary condition.

Svyatoshyn district court, Kyiv 136 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

For instance, out of 15 applications to the Commissioner on cruel or inhuman treatment at local courts of general jurisdiction, four concerned keeping in a metal cage in the courtroom, four – failure to provide medical assistance, and two mentioned issues of deprivation of food, inhuman conditions at the cells and lack of access to case files. Each of these complaints gave rise to letters to the prosecution authorities and territorial units of the SCA requesting Dniprovsky district court, Kyiv relevant inspections, as well as assignments to regional representatives of the Commissioner for Human Rights. Case study: in September 2014, the Commissioner initiated proceedings in the case of violation of the rights of citizen I. Requests were sent to prosecution authorities in the framework of proceedings. According to official notice form the Military Prosecution Service of the Southern Division, allegations of citizen I. found no confirmation during the inspection. Solomyansky district court in Kyiv Consequently, “there were no grounds for response by prosecution, entry The following issues should also be of data on criminal offence into the pointed out: ERDR”. Since this decision violates a. not all courts are equipped with lamps requirements of the current Criminal for disinfection of courtrooms, premises Procedure Legislation of Ukraine for defendants/convicts and convoy; (according to Article 214§1 of the CPC of Ukraine, an investigator or b. Not all locations have proper conditions public prosecutor shall be required for ensuring participation of persons immediately but no later than within with special needs in court hearings (no 24 hours after submission of a report, ramps or bars etc.); information on a criminal offense that has been committed or after he has c. Premises for defendants/convicts do learned on his own from any source, not have conditions for confidential about circumstances which are likely to communication with defenders. indicate that a criminal offence has been Citizen’s complaints to the Ombudsman committed, to enter the information in 2014 also mentioned instances of cruel concerned in the Integrated registry of treatment of defendants/convicts during pre-trial investigations, and to initiate their stay in courts. investigation), the Commissioner SECTION 4. 137 addressed the Office of the Prosecutor 7 district courts, including Prydniprovsky General of Ukraine with a request and Sosnivsky district court of Cherkasy city for additional review of application visited by the regional coordinator of the submitted by citizen I. The Office of Commissioner in Cherkasy region in 2014. the Prosecutor General obliged the regional prosecution service to enter The issue of heating was resolved in 7 information on criminal offence district courts of Odesa region (Artsyz, provided by citizen I. into the Integrated Kiliya, Lyubashivka, Ovidiopol, Reni, Savran, registry of pre-trial investigations and and Shyryayeve districts). conduct comprehensive investigation Separate rooms for confidential into the case. communication of attorneys and Implementation of the Commissioner’s defendants/convicts were allocated in 3 recommendations for the State Court courts (Nadvirna district court of Ivano- Administration in 2014 Frankivsk region, Petrove district and Svitlovodsk city district courts of Kirovohrad Results of the dialogue with the State Court region). Administration, repeat visits, as well as the analysis of information received by the During the year, there were 122 stationary NPM Department on implementation of metal barriers in courtrooms replaced with recommendations evidenced that in 2014 the special glass, including 19 barriers in the court administration organized and appellate courts, and 103 barriers in general conducted significant work on equipping local courts. the new and refurbishing existing premises In 2014, equipment of appellate and for defendants (convicts) in courts. local courts of general jurisdiction For instance, new premises were equipped with the system for video conference at Bratsky district court of Mykolayiv region, communication with the State Penitentiary Romny district court of Sumy region, Sambir Service institutions was completed. city district court of Lviv region, Tyachiv In the regulatory framework: district court of Zakarpattya region, and Ordzhonikidze district court of Mariupol city. − A draft Procedure for cooperation between the courts of general Proper conditions for defendants/convicts jurisdiction and remand prisons, have been created in 13 general local penitentiary institutions of the courts (Brusyliv, Yemilchyne, Luhyne, State Criminal Executive Service Romaniv, and Chernyakhiv district courts on procedural actions in the video and Korosten city district court of Zhytomyr conference mode during criminal region, Zinkiv and Lokhvytsya district courts proceedings was developed; of Poltava region, Kyiv district court of Poltava city, Frankivsky district court of Lviv − In cooperation with the National city, Kryukivsky district court of Kremenchuk School of Judges of Ukraine, topics city, Seredyna-Buda district court of Sumy on prohibition of torture of detained region and Khrystynivka district court of persons were developed and included Cherkasy region, Svitlovodsk city district into the Model plans for the training court of Kirovohrad region). of the judiciary apparatus staff, in particular the court registrars for 2015. Ventilation systems were modernized in 138 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

4.7. Results of monitoring of institutions of the Ministry of Education and Science of Ukraine

4.7.1. OVERVIEW OF THE PLACES OF DETENTION UNDER THE AUTHORITY OF THE MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE The following educational establishments visual impairments); are subject to monitoring by the staff of the • Lviv specialized general education national preventive mechanism: school #102; • General education boarding schools – • Lviv specialized general education 324 institutions, including 27 facilities school of I-III tiers of Mary the for orphans and children deprived of Intercessor (for children with hearing parental care; impairments); • Specialized general education • Novoaydar general education boarding school – 290 institutions, healthcare boarding school of І–ІІІ tiers including 15 facilities for orphans and (Luhansk region); children deprived of parental care; • Khust specialized general education • Centers for education and boarding school of I-II tiers (for children rehabilitation – 48; with decreased hearing) (Zakarpattya • General education healthcare region); boarding schools – 71; • Chernivtsi specialized general • Children’s homes – 64; education boarding school № 2. • General education schools for social Typical violations of the rights of rehabilitation – 2; persons identified during monitoring • Vocational training schools of social visits rehabilitation – 2. International principles stipulate that a • At the beginning of 2014-2015 child and his/her parents have the right to academic year, approximately 115 choose the form of education. At the same thousand of students and pre-school time, monitoring of specialized general children were studying at boarding education boarding schools showed institutions of state and municipal that children with special needs who, in type of ownership. addition to the main condition, have other • During 2014, staff of the NPM chronic illnesses (epilepsy, urinary and Department visited 7 educational rectal incontinence, suffering from vascular institutions: seizures resistant to therapy) only have the option of individual home schooling. • Bila Tserkva specialized general The above restriction is established by education school of I-II tiers (Kyiv the Regulation on specialized general region); education boarding school for the children • Kyiv specialized general education in need of correction of physical and (or) boarding school № 4 (for children with mental development approved by the MES SECTION 4. 139 order #853 dated 15.09.2008р. and other means”, the child cannot receive two hearing aids directly after assignment However, monitoring visits showed that of disability status. Thus, the time is lost, school administrations, acting in the and the children are deprived of a chance best interests of the child, often have to to acquire acceptable level of hearing violate legal requirements and admit these and speech, overcome the barriers in children. School pedagogues conduct communication of deaf children with the extensive work with the parents convincing world of people who hear. them to undertake treatment of auxiliary conditions of their children. During some Importantly, hearing tests for newborns at time, children often stay at the specialized maternity homes are standard automated boarding schools only during daytime, and procedures of objective hearing later majority of them study and live with examination worldwide. Late diagnostics other children. The educators (deficiency of hearing impairments in children older specialists, hearing and speech specialists) than 18 months leads to development of emphasize that when a child with deafness and muteness and subsequent disabilities is among other children with no disability. isolation from the society, it has a positive Unfortunately, there are no programs for impact on rehabilitation in general. early detection and correction of hearing At the moment, there are 23 specialized deficiencies in children in Ukraine through schools for the dear and 18 schools standards for these programs have been for children with hearing impairments developed by the American Academy where 4192 children study. Children with of Pediatrics in 2000 and are generally disabilities in such boarding schools use accepted worldwide. hearing aids designed for the elderly Majority of children with severe hearing loss (whose hearing issues are related to age who receive quality hearing aid assistance physiological changes) and do not support successfully study in general schools. the speech hearing from children with inherent deafness or decreased hearing. This problem requires further research and detailed examination in the process The issue is not an individual hearing aid or of monitoring children’s institutions for headphone, but the opportunity to choose recommendations with regard to possible the model and adjust the aid according solutions. to the character and degree of hearing impairments of an individual child. In the Results of monitoring visits to the above visited boarding schools, there were no institutions of the Ministry of Education children who had hearing aid implants and Science of Ukraine revealed violations at the state expense. Many children have of the rights of the children to privacy and bilateral decreased hearing and require personal space, proper medical service binaural treatment. and rehabilitation, as well as decent standard of living: According to the decree of the Cabinet of Ministers of Ukraine #1301 dated – Rather often, despite 03.12.2009 “On approving the procedure sufficient number of premises, children for providing people with disabilities and are placed unequally with overcrowding children with disabilities with technical – up to 12-14 sleeping places per room. 140 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

The bedrooms are not equipped with bed- – Lack of playrooms, rooms for recreation stands, wardrobes, desks and chairs; and communication of children in the evening in the residential buildings despite availability of vacant premises; – There is insufficient provision of specialized methodological literature and textbooks, modern free educational and developing computer programs (in particular, the “Visible Language” course), textbooks for pedagogues and children with special needs. A significant number of shortcomings identified during monitoring visits to educational institutions are linked with the need for refurbishment in bedrooms, shower rooms, bathrooms, laundry – Bedrooms are often locked after wake- rooms, assembly halls and gyms: up until the night, and children keep their belongings in classrooms or – Lviv specialized general education playrooms; school of I-III tiers of Mary the Intercessor (for deaf children) needs urgent façade refurbishment and construction of a gym since at present time physical education classes take place in a basement room that is not fit for these purposes. SECTION 4. 141

– There is a need to complete reconstruction of a school workshop, garage and storage areas into the center of vocational and physical rehabilitation of children started in 2009 at Khust specialized general education boarding school of I-II tiers (for children with decreased hearing). The plan provides for a swimming pool, therapeutic exercise, and carpentry and locksmith workshop for boys, sewing workshop for girls; sewing shop for 10 working places, carpentry shop for 3-4 working places, and an assembly hall. The future perspective includes reorganization of the school into a specialized general education boarding school of I-III tiers with specialized training in four profession: computer input operator, willow weaving specialist, tailoress and carpenter. The swimming pool could be used by Khust community since there is no swimming pool in the city where children can learn to swim. – Sanitary facilities of institutions require replacement of the out-of-service 142 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

toilets or installation of partitions. In additions, there are no doors in toilet cabins of certain institutions, which contradicts paragraph 7.5 of the State sanitary rules and norms 5.5.2.008-01 “Establishment and maintenance of general education establishments and organization of educational process” providing that girls’ bathrooms must have one cabin with doors and a lock.

At the same time, some of the boarding schools visited during monitoring showed strict compliance with international and domestic norms and requirements on equipment of institutions. These places provide comfortable living conditions as a component of the right to a decent standard of living foreseen by Articles 3, 16, 23, and 27 of the Convention on the Rights of the Child.

Bedroom at Chernivtsi specialized general education boarding school #2; study room and gym at Khust specialized general education boarding school of I-II tiers (for children with decreased hearing). Implementation of recommendations of the Commissioner to the Ministry of Education and Science of Ukraine in 2014 SECTION 4. 143

According to the Ministry of Education and State sanitary rules and norms; Science of Ukraine, the following measures • The issue of the use of mobile phones were implemented in accordance with the was resolved. recommendations: At Bila Tserkva specialized general education At Kyiv specialized general education school of I-II tiers (for deaf children): boarding school #17: • 118 plastic windows installed (70% of • The territory is fenced by a fence with the total need): gates; • Two bedrooms for girls, the gym and • Bars on windows and at the entrance 3rd floor hallway refurbished; to the 4th floor with bedrooms have • Continuous access of children to been removed; drinking water ensured – coolers with • Seven rooms on the 1st floor have drinking water put into study rooms been refurbished, the windows were and the dining room; replaced with plastic ones; • The institution received textbooks • An inspection and partial and methodological materials refurbishment of the foundation in accordance with the list of skirting to prevent catering facilities recommended publications by the from ground water flooding; Ministry of Education and Science • The medical unit was equipped with of Ukraine for the use at specialized full set of medications; general education institutions – in December 2014 the boarding school • Sensor room and shoe shop were received new editions of study relocated; literature for the pre-school and 1-6 • Rotten deck on the 1st floor was grades. repaired; At Horodnya general education boarding • Information about the hotline school of I-III tiers: numbers of state authorities and a box for complaints and suggestions have • Measures have been taken to ensure been placed at the information boards proper condition of the premises, on the 1st floor of the boarding school; classrooms; the schedule of capital cleanings of the boarding school • The school library was complemented was approved by the sector of with ABC-books for children with state epidemiological control of mental disabilities and textbooks for Chernihiv city department of the State general education primary school Epidemiological Service of Ukraine in At Kyiv general education healthcare Chernihiv region; boarding school #22: • The boys’ bathroom was refurbished; • Amendments introduced into the • The ventilation hood at the chemistry institution’s statute and approved by room was refurbished; Obolon district state administration in • Current refurbishments of the total Kyiv; cost of over UAH 43 000 have taken • the working hours of the school have place; been modified to comply with the • In the fall of 2014, the anti-radiation 144 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

cover was refurbished at a total cost of boiler-room costing over UAH 90 000; over UAH 41 000. • Partitions have been installed at the At Horodnya specialized general education shower room of the bathing and school of I-II tiers: laundry unit to ensure the children’s right to privacy; • The study unit and dormitories have been refurbished; • New bed stands for personal belongings have been purchases; • Modern windows were installed at free Internet access provided, the the 2nd floor of the study unit (costs boarding school yard was paved, and exceeding UAH 99 000); the paths covered with pavement tiles; • To ensure proper temperature a permanent board “Psychological conditions at the boarding school service” with hotline numbers was premises during winter, relevant installed at the first floor of the study refurbishments have taken place with unit. replacement of the smoke stack at the

4.8. Results of monitoring of institutions of the Ministry of Social Policy of Ukraine Information about institutions of the rehabilitation of children – 86 social protection system subject to NPM institutions; monitoring • Shelters for children – 42 institutions. According to the information provided by the Ministry of Social Policy of Ukraine, the network of in-patient institutions of the system of social protection in 2014 included: • Residences for elderly citizens and persons with disabilities – 67 institutions (7025 persons);

• Residences for war and labor veterans, geriatric residences – 28 institutions (5726 persons); • Specialized residences – 2 institutions (256 persons); • Neuropsychiatric residences – 144 institutions (28262 persons) • Childcare residences – 49 institutions (2436 persons); • In-patient units of the territorial centers of social services - 339 institutions; • Centers for social and psychological SECTION 4. 145

The number of centers for social and psychological rehabilitation of children and shelters for children (2011-2014)

100 90 80 Centers for social and 70 psychological rehabilitation 60 of children 50 40 30 Shelters for children 20 10 0

Number of residents in childcare residences (as of 01.01.2015)

192

Childcare residence (cildren aged 4-18)

2390 Children’s unit (at a residence facility for adults) 3370 Youth unit

Neuropsychiatric unit 46

Statistics on visits to institutions of the residence (Kyiv) social protection system 5. Romaniv childcare residence During 2014, the staff of the Department (Zhytomyr region) and regional coordinators of the 6. Komarivsky childcare residence Commissioner for Human Rights visited 28 (Kharkiv region) institutions of the social protection system 7. Pisky-Radkivski neuropsychiatric and the Children Services: residence (Kharkiv region) 1. Vynohradiv geriatric residence 8. Chuhuyiv center for social and (Zakarpattya region) psychological rehabilitation of children 2. Kyiv neuropsychiatric residence (Kyiv) (Kharkiv region) 3. Malyzhyno neuropsychiatric residence 9. In-patient unit of the territorial center (Kharkiv region) of social services of Chuhuyiv district state administration (Kharkiv region) 4. Pushcha-Vodytsya neuropsychiatric 10. Balta neuropsychiatric residence 146 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

(Odesa region) 2. Komarivsky childcare residence 11. Ananyiv childcare residence (Odesa (Kharkiv region) region) 3. Chernihiv childcare residence 12. Smila neuropsychiatric residence (Zaporizhzhya region) (Cherkasy region) 4. Rivne geriatric residence (Rivne region) 13. Kirove home for persons with 5. Nizhyn childcare residence (Chernihiv (Zaporizhzhya region) region) 14. Lyubytske neuropsychiatric residence 6. Stepove childcare residence (Mykolayiv (Zaporizhzhya region) region) 15. Chernihiv childcare residence 7. Vilshany childcare residence (Zaporizhzhya region) (Zakarpattya region) 16. Rivne geriatric residence (Rivne 8. Kyiv geriatric residence (Kyiv). region) Violations and deficiencies found during 17. Lviv geriatric residence (Lviv region) visits to the institutions of the social 18. In-patient unit of the territorial center protection system of social services of Berezhany district Use of physical restrictions and isolation not (Ternopil region) foreseen by any legislative norm: 19. Nizhyn childcare residence (Chernihiv region) − Neuropsychiatric residences have rooms used for isolation of patients 20. Odesa childcare residence (Odesa in acute psychiatric condition region) (Malyzhyno neuropsychiatric 21. Rotmistrivka residence for elderly residence (Kharkiv region), Kirove citizens and persons with disabilities home for persons with disabilities and (Cherkasy region) Lyubytske neuropsychiatric residence 22. Territorial center for social services of (Zaporizhzhya region); Chyhyryn district (Cherkasy region)

23. Stepove childcare residence (Mykolayiv region) 24. Vilshany childcare residence (Zakarpattya region) 25. Teple neuropsychiatric residence (Luhansk region) 26. Starobilsk neuropsychiatric residence (Luhansk region) 27. Kyiv geriatric residence (Kyiv) 28. Chernihiv geriatric residence (Chernihiv region) Repeat visits were conducted to the Malyzhyno neuropsychiatric residence following institutions: − Some residents of Nizhyn childcare 1. Kyiv neuropsychiatric residence (Kyiv) residence (Chernihiv region) were tied SECTION 4. 147

to wheelchairs as the latter did not meet their needs and physiological characteristics;

Vilshany childcare residence Inadequate treatment and services for bedridden patients: − The use of methods of fixation towards residents of Nizhyn and Vilshany − At the time of the visit, all group IV childcare residences due to the lack of children of Komarivsky childcare junior medical personnel and qualified residence (Kharkiv region) were lying specialists capable of involving these in beds with sheets wet from urine; children in rehabilitation process;

Nizhyn childcare residence 148 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

− All bedridden women at Malyzhyno residence). neuropsychiatric residence (Kharkiv There is an acute issue of understaffing region) were not wearing diapers, of facilities with junior nurses for bathing were lying on plastic covers under the of the persons under care. For instance, sheets. The personnel’s explanation there are two bathing nurses at Lviv was that they were preparing to bathe geriatric residence with 346 residents. The them. However, the repeat inspection same issue exists at Pushcha-Vodytsya revealed the same situation – the neuropsychiatric residence. women were not wearing diapers, some of them lying on wet sheets; There is a problem with professional development, specialization and retraining − Residents of Lviv geriatric residence are of doctors and mid-level medical personnel not provided with sufficient amount of of the system of social protection at their diapers (one diaper per day); own expense since the salaries are very − Women at Vynohradiv geriatric low. The development course (“Psychiatry” residence did not have any hygiene cycle) for mid-level personnel costs around items. 1200-1500 UAH. There is no legal regulatory framework for Sanitary and anti-epidemic measures at the functioning of the units of residences residences are not organized properly. depending on clinical condition and There are no regulations on inspections of psychological state of persons under care. living rooms and examinations of residents: In addition, there are violations of the − medical examinations of residents are rights of residents to healthcare and conducted with violations of current medical assistance, in particular due to legislation; understaffing, especially with mid-level and junior personnel (Rotmistrivka residence − Specialist examinations take place once for elderly citizens and persons with in two years (Kyiv neuropsychiatric disabilities, Chernihiv childcare residence, residence ); Vilshany childcare residence etc.). − Examinations of orphans in the custody For instance, at Vilshany childcare of the director of the residence are residence, there are from 15 to 20 group held twice per year and once per year III and IV children of school age in groups, for other orphaned children (Nizhyn whereas there is only one nurse during the childcare residence). day despite the norm stating that one nurse Persons under care are not provided even should service the group of 10 children. with primary dental care, notwithstanding The intensive care unit with capacity of 90 specialized care. persons there are three junior nurses during For instance, during several years during daytime (two men and one woman), and annual medical exam of the patients of two during nighttime. Consequently, it is Komarivsky childcare residence (Kharkiv very difficult to ensure proper care, services region), the dentist recommended and outdoor walks for this number of sanitation of the residents’ oral cavity; residents (Kyiv neuropsychiatric residence, however the district hospital did not take Pushcha-Vodytsya neuropsychiatric any therapeutic and preventive measures. SECTION 4. 149

The hospital explained that the two dentists assigned to the childcare residence would only service the residents when a dental cabinet with necessary equipment and materials is established at the institution. A visit to Kirove home for persons with disabilities revealed that conclusions of a dentist are missing from the detailed annual medical inspection of the residents since the district hospital does not have such specialist. In addition, at Lyubytske neuropsychiatric residence (Zaporizhzhya region) in the absence of a dentist at the district hospital it is suggested to conclude an agreement with Denta Aleks Plus LLC on paid services for the residents, which constitutes a violation of Article 49 of the Constitution of Ukraine and Article 25 of the Convention on the Rights of Persons with Disabilities. Lyubytske neuropsychiatric residence Inadequate medical record keeping Primary medical records are not kept in accordance with the forms established by the MoH of Ukraine, namely the Registry of Patients, the Medical record of a hospital patient (Komarivsky childcare residence, Lyubytske neuropsychiatric residence, Nizhyn childcare residence, Malyzhyno neuropsychiatric residence, Lviv geriatric residence etc.).

In-patient unit of the territorial center of Chuhuyiv district state administration

150 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

of mechanic injuries that do not undergo disinfection – scratches, rashes, insect bites (Komarivsky childcare residence, Pushcha- Vodytsya neuropsychiatric residence). The lack of funding forces residents to purchase medication, hygiene items, including toothpaste, shampoo, and toilet paper, which constitutes a violation of paragraph 2.2. of the Model regulation on a residence for elderly citizens and persons with disabilities, geriatric residence, residence for war and labor veterans Nizhyn childcare residence adopted by the order of the Ministry of Labor of Ukraine #549 dated 29.12.2001 Inadequate provision of medical assistance (Vynohradiv geriatric residence, Pisky- to patients with tuberculosis and lack of Radkivski neuropsychiatric residence etc.). tuberculosis prevention measures: Violation of the right of persons with special − Every year the administration organizes needs to rehabilitation: transportation of only 100-150 persons to the healthcare institution. − The order of the Ministry of Labor of Bedridden patients do not undergo Ukraine #411 dated 01.10.2008 “The any fluorography examination (all norms on time and number of staff residences in Kyiv); according to at residence (of all types) and in- 2012-2013 statistics, there were no patient units of territorial centers of tuberculosis cases at Komarivsky social services for retired persons and childcare residence though 29 patients single persons unfit for work of the receive anti-tuberculosis medication system of labor and social protection” as persons who had contact with lacks positions such as rehabilitation tuberculosis patients and bacteria specialist, psychotherapist, source persons; psychologist etc.; − During 2011-2013, there were 13 cases − There are no developed modern of tuberculosis at Kirove home for and accessible methodologies for persons with disabilities, and during rehabilitation programs at residences; 2014, there were 14 residents who − There are no qualified specialist to contracted pulmonary tuberculosis conduct rehabilitation activities with three fatal outcomes. This with the persons with special needs situation took place following the (Chernihiv childcare residence, spread of infection at Novozlatopillya Vilshany childcare residence); psychiatric hospital of Hulyaypole district of Zaporizhzhya region − Documentation on labor therapy is where the residents had undergone not regulated by legislative norms and treatment. thus is kept in free format; Persons under care have a large number SECTION 4. 151

Lyubytske neuropsychiatric residence

Pisky-Radkivski neuropsychiatric residence

Starobilsk neuropsychiatric residence − Neuropsychiatric residence only provide social and household rehabilitation in the form of work at a subsidiary enterprise and cleaning of the territory (Balta neuropsychiatric residence, Lyubytske neuropsychiatric residence, Pisky-Radkivski neuropsychiatric residence). There are no workshops, and rehabilitation measures 152 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

in the form of physical education and geriatric residence); sports is held only partially (Malyzhyno − Social and household rehabilitation neuropsychiatric residence, Smila at geriatric residences and residences neuropsychiatric residence, Dilyatyn for elderly persons and persons with neuropsychiatric residence, Vynohradiv disabilities is limited to self-service geriatric residence); (Vynohradiv geriatric residence, − The residents work at the subsidiary Rotmistrivka residence for elderly enterprise for 6-8 hours daily, especially citizens and persons with disabilities, during summer (Pisky-Radkivski Lviv geriatric residence); neuropsychiatric residence, Kirove − Individual rehabilitation programs (IRP) home for persons with disabilities); are formally filled by the medical and − Involvement of some residents in labor social expert board, the limits of their therapy despite recommendations of implementation are not observed, the medial and social expert board and results not indicated (Malyzhyno (Pisky-Radkivski neuropsychiatric neuropsychiatric residence, Pisky- residence); Radkivski neuropsychiatric residence, Pushcha-Vodytsya neuropsychiatric residence). In some institution, there are sealed and signed copies of IRPs for different patients with identical recommendations (Balta neuropsychiatric residence, Kirove home for persons with disabilities). In violation of Article 7 of the Law of Ukraine “On Rehabilitation of Persons with Disabilities”, the medical and social expert board does not control effectiveness of implementation of the

IRP upon its design. Insufficient number of small-scale mobility means, in particular wheel chairs, complicates the conduct of regular walks for bedridden patients (Pushcha- Vodytsya neuropsychiatric residence, Balta neuropsychiatric residence).

− Complete lack of rehabilitation measures for bedridden patients (Smila neuropsychiatric residence, Lviv SECTION 4. 153

not exceed 2.5 – 3 sq. m. (Romaniv childcare residence, Ananyiv childcare residence, Kirove home for persons with disabilities, Pisky-Radkivski neuropsychiatric residence, Balta neuropsychiatric residence, Odesa childcare residence, Nizhyn childcare residence, Teple neuropsychiatric residence);

The use of buckets and pots etc. due to the absence of chairs with sanitary equipment (Lyubytske neuropsychiatric residence, in- patient unit of Chyhyryn territorial center). Nizhyn childcare residence Lack of organization of the residents’ leisure time (in-patient unit of Chyhyryn territorial center), including for bedridden patients. Inadequate condition of living rooms: − Violations of international standards on the living space per person is typical for neuropsychiatric and childcare residences within the system of social protection. Due to an intent to eliminate the que for placement to the residences, capacity of these institutions was constantly arbitrarily Balta neuropsychiatric residence increase leading to violations of the rights of their residents to personal − The quality of lighting in living space and decent living conditions. rooms is unsatisfactory (Malyzhyno Bedrooms are overcrowded, in some neuropsychiatric residence, rooms 3-4 beds are standing next Vynohradiv geriatric residence, Pisky- to each other (Romaniv childcare Radkivski neuropsychiatric residence); residence). Despite the established − Due to the lack of bed stands and norm of 7-8 sq. m. of floor space wardrobes, personal clothes and per person, the actual size does belongings are stored on beds, 154 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

hangers, windowsills or storage rooms accessed by personnel only (Pisky- Radkivski neuropsychiatric residence, Lyubytske neuropsychiatric residence, Balta neuropsychiatric residence, Romaniv childcare residence); − Living rooms and recreation premises are in unsatisfactory condition, there are no ventilation frames, the lighting is insufficient, household appliances are out of order, walls are covered with mold) (Pushcha-Vodytsya neuropsychiatric residence, Pisky- Pushcha-Vodytsya neuropsychiatric residence Radkivski neuropsychiatric residence, Malyzhyno neuropsychiatric residence);

Pisky-Radkivski neuropsychiatric residence Accessories are extremely worn: the clothes, mattresses, pillows and bed linen. Malyzhyno neuropsychiatric residence Bed linen is usually not marked. There is no personal marking on clothing and footwear of the residents (Pisky-Radkivski neuropsychiatric residence, Lyubytske neuropsychiatric residence, Rotmistrivka residence for elderly citizens and persons with disabilities, in-patient unit of Chyhyryn territorial center). Clothing and footwear of the residents are not appropriate for the season: often, residents wear winter boots in the summer. The clothes are worn and do not fit specific individuals. Many residents work Pushcha-Vodytsya neuropsychiatric residence at the subsidiary enterprise and have no possibility of changing clothes after SECTION 4. 155 the “labor therapy”. Consequently, they The doors of living rooms of the residents are forced to go to the dining room and are locked at night or are missing (Balta residential units in dirty work clothes during neuropsychiatric residence, Odesa the day (Pisky-Radkivski neuropsychiatric childcare residence). The above was found residence, Starobilsk neuropsychiatric during a visit by the regional public relations residence); coordinator of the Ukrainian Parliament Commissioner for Human Rights in Odesa region A.P. Tolopilo.

Balta neuropsychiatric residence Residential units lack proper ventilation – there is persistent unpleasant smell of urine (Romaniv childcare residence, Balta neuropsychiatric residence); Residential units have large covered terraces that are not equipped the residents’ walks during rain, they are also used for drying clothes and bed linen (Kirove home for persons with disabilities);

Pisky-Radkivski neuropsychiatric residence 156 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Balta neuropsychiatric residence There is no equipment for temperature The outdoor court is not equipped with treatment of the residents’ clothes at the rain and sunlight canopies, benches or bathing and laundry unit, which complicates parlor (Romaniv childcare residence, Balta the tasks of staff (Romaniv childcare neuropsychiatric residence, Malyzhyno residence, Balta neuropsychiatric residence, neuropsychiatric residence, Kirove home Rotmistrivka residence for elderly citizens for persons with disabilities, in-patient unit and persons with disabilities). of the territorial center of Chuhuyiv district The residents have no way of storing their state administration). These problems parcels due to the lack of refrigerators for were identified at the in-patient unit of the food (in-patient unit of the territorial territorial center of Chuhuyiv district state center of Chyhyryn district, Pisky- administration and Smila neuropsychiatric Radkivski neuropsychiatric residence, Balta residence were identified during a visit by neuropsychiatric residence); the regional public relations coordinator of the Ukrainian Parliament Commissioner The residents have no continuous unimpeded for Human Rights in Cherkasy region V.K. access to drinking water: the outdoor Batchayev. courtyard and living premises have no containers for drinking water (Rotmistrivka residence for elderly citizens and persons with disabilities, Romaniv childcare residence, and Vynohradiv geriatric residence). Inadequate equipment and functioning of sanitary rooms: − The condition of bathroom equipment is unsatisfactory; the number of toilets per group is insufficient which interferes with ensuring fulfillment of the residents’ basic needs (Malyzhyno Malyzhyno neuropsychiatric residence neuropsychiatric residence, Pisky- SECTION 4. 157

Radkivski neuropsychiatric residence); with disabilities, Nizhyn childcare residence). − Sanitary rooms do not have toilet paper, disinfectants; some residents have no toothbrushes or toothpaste (Balta neuropsychiatric residence, Malyzhyno neuropsychiatric residence, Pisky-Radkivski neuropsychiatric residence); − The sanitary room of the youth unit has extremely difficult access to hygienic procedures for persons on wheelchairs due to narrow door frames and absence of special equipment (Nizhyn childcare residence, Romaniv childcare residence); Nizhyn childcare residence

Balta neuropsychiatric residence

Nizhyn childcare residence − In violation of the right to privacy, there are no partitions in showers and toilets (Malyzhyno neuropsychiatric residence, Pushcha-Vodytsya neuropsychiatric residence, Pisky-Radkivski neuropsychiatric residence, Balta neuropsychiatric residence, Kirove home for persons 158 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

center of Chuhuyiv district state administration, Balta neuropsychiatric residence, Rotmistrivka residence for elderly citizens and persons with disabilities, in-patient unit of Chyhyryn territorial center); − Possibility, time and duration of viewing TV programs is controlled by the personnel; − The list of periodicals received by the institution is limited (usually, periodicals are only for the staff) Malyzhyno neuropsychiatric residence (Rotmistrivka residence for elderly citizens and persons with disabilities). Violations of the right to equality:

In Lviv geriatric residence, the residents are Positive practices of ensuring the rights of segregated during food intake in different residents: rooms according to their neatness and social habits. 1. We should note the proper organization of medical and Violation of the right to unimpeded psychological rehabilitation of persons communication and maintaining family with disabilities, record keeping for relations: rehabilitation activities in accordance When issuing permits for visits and with the cards of individual needs temporary leave of residents to their of the resident filled out by the relatives (caretakers), the administration doctor and psychologist at Smila of Nizhyn childcare residence (Chernihiv neuropsychiatric residence (Cherkasy region) requires family members region). In addition, individual (caretakers) to provide fluorography rehabilitation plans with concrete conclusions referring to inexistent “decree recommendation and names of of the Ministry of Health of Ukraine dated 1 responsible persons are developed October 2010”. based on individual rehabilitation programs. These plans are approved Violation of the right to access to information: by the director of the institution. The − There are no remedies for exercising doctor and the psychologist review the right to complain: there is no these plans once per year and provide information on visiting hours of the recommendations on changes or director, visitors’ registries, registry continuation of the IRP. of complaints and suggestions. 2. At Lyubytske neuropsychiatric There is no access to information residence (Zaporizhzhya region), on human rights and addresses of rehabilitation through physical state authorities for petitions (Pisky- education and sports is on a high level, Radkivski neuropsychiatric residence, particularly for youth: there is a room in-patient unit of the territorial with exercise equipment, table tennis, SECTION 4. 159

billiard, and a field for volleyball and football.

4. Management of Vilshany childcare residence (Zakarpattya region) 3. The experience of social rehabilitation applies significant effort to purchase of residents of the youth unit of Kirove rehabilitation equipment, organize home for persons with disabilities costly treatment of the residents (Zaporizhzhya region) is a practice abroad, involves volunteers and worth replicating. In particular, it specialists to support residents of the includes methods of fairy-tail, doll- and youth unit (Tyachiv). For instance, garden therapy, as well as applied folk administration of the institution arts. There are functioning sports and engaged in cooperation with Bodaj arts clubs, residents of the institution NGO from Prague, Czech Republic, take part in competitions, festivals, and for the purposes of providing quality contests. Every unit has libraries, and services to the residents of the the youth unit has free Internet access. youth unit. Bodaj experts (doctors, rehabilitation specialists) provide practical, social and medical support to the residents.

160 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Implementation of recommendations following monitoring visits to institutions of the social protection system We should note that management of some residences responded promptly to recommendations of the group after monitoring visits. In particular, within a week, the administration of Pisky-Radkivski neuropsychiatric residence (Kharkiv region) provided the NPM department with photographs evidencing elimination 5. There are no strict regulations of shortcomings. for residents at Malyzhyno neuropsychiatric residence (Kharkiv region), and relations between them and the personnel are friendly. Particular attention at the institution is paid to organizing the leisure time of bedridden patients – the cultural staff member reads to them books from his own library.

23.07.2014.

6. Kirove home for persons with disabilities and Lyubytske neuropsychiatric residence (Zaporizhzhya region) include units of supported living. The residents of these units are free to manage their 01.08.2014 time (within the institutions’ schedule) and have the right to visit the store, use household appliances etc. freely. SECTION 4. 161

23.07.2014. 04.08.2014 Repeat visits In May 2014, NPM Department staff and public monitors conducted a repeat visit to Kyiv neuropsychiatric residence with the purpose of monitoring observance of human rights in its operations (the first visit took place on 22 May 2013). The group found that majority of recommendations following the previous visit were taken into consideration, in particular: 01.08.2014 The institution established cooperation with Kyiv city clinical neuropsychiatric hospital #1, including the psychiatric ambulance service of the city of Kyiv; A dining room and walking courtyard were equipped at the intensive care unit with supervision;

23.07.2014. 162 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

A room for visitations was equipped, including the fridge for food, TV set, boards with the residents’ artworks;

A sports ground was equipped; SECTION 4. 163

Containers with drinking water were installed at the units;

May 2014 A greenhouse and a workshop for labor therapy were established.

Rooms for clothes storage were equipped with new racks;

May 2013 164 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Representatives of the Secretariat of the that only youth units can be established at Commissioner visited Komarivsky childcare these institutions. The childcare residence residence (Kharkiv region) on 23 July 2014 is located 40 km away from the district and and twice in 2013. 150 km away from the regional hospital, which makes it impossible to provide the Positive changes at the institution in full range of necessary medical services. response to comments from previous visits include the following: Given the absence of proper medical care for children with severe illnesses at Residents with severe mental disabilities Chernihiv childcare residence and fruitless and serious physical impairments who efforts to solve the problem for many years cannot move or service themselves the Commissioner for Human Rights offered independently have been transferred to to take immediate steps for the protection other rooms of the main unit. Now the of the rights of children with severe children can be outside more often since illnesses from cruel, inhuman, or degrading these rooms are located closer to the stairs treatment by means of transferring them and have better ventilation. The doorframe to another institution and changing the of the sanitary facility allows the unit staff specialization of Chernihiv childcare to conduct washing without carrying residence. children in their hands (as was done earlier) but use wheelchairs. There are “rooms for In response, the head of Zaporizhzhya walks” with special mattresses equipped regional state administration informed the next to the bedrooms of children with Commissioner of a decision on gradual severe illnesses; transformation of the institution into a neuropsychiatric residence and transfer Resident Andriy K. underwent two surgeries of the children to institutions closer to the at the district hospital with a diagnosis regional center. Pursuant to this decision, of right-side inguinoscrotal hernia. His 27 children have already been transferred condition is satisfactory; to Zaporizhzhya childcare residence and 8 The bathroom for staff of the laundry room children – to Kirove home for persons with was refurbished. disabilities. Petition by the Ukrainian Parliament Information from the Ministry of Social Commissioner for Human Rights Policy On 29 January 2014, the Commissioner Based on the outcomes of the monitoring for Human Rights addressed the Ministry of observance of the residents’ rights of Social Policy of Ukraine and the head of at institutions of the social protection Zaporizhzhya regional state administration system, the leadership of the Ministry of on the matters of ensuring the rights of Social Policy sent letters to regional and residents of Chernihiv childcare residence Kyiv city state administration in providing of Zaporizhzhya regional council. the residents with living space that meets the norms, equipment of rooms for ritual, It was established that Chernihiv ensuring unimpeded access to fresh air childcare residence also had youth and and drinking water, installing partitions in neuropsychiatric units for men in addition sanitary rooms, as well as equipping these to children’s unit. However, the Model rooms with benches, shelves and hooks for regulation on a childcare residence states toiletries and underwear. SECTION 4. 165

Together with the MoH, the Ministry of related to the functioning of territorial Social Policy have planned to take joint centers of social services”. The amendments measure for the purpose of providing concern changes to the List, conditions and and using certified primary medical procedure for provision of social services records by residence institutions, ensuring by the in-patient unit for temporary or individual approach to development permanent stay of the territorial center. and full implementation of individual To ensure the rights and freedoms of rehabilitation programs for people with persons in the custody of residences, the disabilities and children with disabilities, Ministry of Social Policy has developed a establishing cooperation between card of the residents’ individual needs. residence institutions and specialized healthcare facilities providing psychiatric In addition, the Ministry has approved help, conducting annual medical service the terms of reference for modification of for the residents of in-patient units of the software for recording the needs of territorial centers for social services. people with disabilities and the Passport of residence institutions (pursuant to a To harmonize the norms regulating the decision by the Ministry of Justice) that stay of elderly, people with disabilities would facilitate prompt response to and children with current international problem of residences, including issues and national standards, the Ministry of related to observance of rights and Social Policy developed new draft model freedoms. regulations on neuropsychiatric residences and childcare residences published on the At the same time, there has been no website of the Ministry of Social Policy63. legislative instrument developed for improving the level of social, household, The above drafts include and other rehabilitation services to elderly indications and contraindications for citizens, persons with disabilities and placement of persons with residence children with disabilities in residence institutions of the social protection system, institutions and in-patient units of as well as certain regulations on internal territorial centers of social service. records. In particular, the Special report of The Ministry of Social Policy has developed the Commissioner for Human Rights draft Minimum norms for provision of “Monitoring of Custodial Settings in items, materials and accessories to elderly Ukraine: Status of implementation of the citizens, persons with disabilities and national preventive mechanism. Report children with disabilities in residence for 2013” included a recommendation for institutions and territorial centers of social the Ministry to develop the procedure for services of the social protection system. personal spending (25 % of the pension) of incapable residents and the list of materials The Ministry of Social Policy prepared and services to buy at own expense. relevant amendments to the decree of However, this recommendation has not the Cabinet of Ministers of Ukraine #1417 been fulfilled. dated 29 December 2009 “Some matters 63 http://www.mlsp.gov.ua/labour/control/uk/ publish/article?art_id=171927&cat_id=102036, http://mlsp.kmu.gov.ua/labour/control/uk/publish/ article?art_id=175019&cat_id =102036 166 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

4.9. Results of monitoring of institutions of the Ministry of Health of Ukraine INFORMATION ABOUT • Kyiv clinical city narcological hospital MONITORING VISITS TO “Sotsioterapiya”; INSTITUTIONS OF THE • Kyiv regional psychiatric hospital № 1; HEALTHCARE SYSTEM • Kyiv regional neuropsychiatric hospital #2; According to the Ministry of Health of • Kyiv psychiatric hospital № 3; Ukraine, at the beginning of 2014 there were following institutions operating in • Lviv municipal city hospital “Hospice” Ukraine: 84 psychiatric/neuropsychiatric • Lviv children’s home № 1; hospitals for 37856 persons, 46 children’s • Lviv children’s home № 2; homes for 4880 persons, 60 palliative • Mykolayiv regional children’s home; and hospice care units, 40 narcological institutions/units. • Mukachevo district clinical hospital (gerontology department “Hospice” During 2014, staff of the NPM Department and oncology department) conducted 25 visits to institutions of • Regional children’s home in Svalyava; the healthcare system – 10 psychiatric/ neuropsychiatric hospitals, 8 palliative • Palliative care unit at Sheptytsky and hospice care units, 3 narcological hospital; institutions and 4 children’s homes, • Poltava regional Maltsev clinical including: psychiatric hospital; • palliative care unit Kyiv city clinical • Ukrainian psychiatric hospital with hospital№ 10; intensive supervision of the MoH of Ukraine (Dnipropetrovsk) • palliative care unit Kyiv city clinical hospital№ 2; • Cherkasy regional psychiatric hospital; • palliative care unit Kyiv city oncology • Chernivtsi regional psychiatric center; hospital. • palliative care unit of Mykolayiv Violations and shortcomings found regional tuberculosis dispensary; during monitoring visits to institutions • palliative care unit of Lviv municipal 4th of the healthcare system. city clinical hospital; Monitoring of psychiatric • Vinnytsya regional O.I. Yushchenko (neuropsychiatric) institutions neuropsychiatric hospital #2; There has been no solution found for the • Volyn regional psychiatric hospital № 1 issue of regulating the use of physical in Lutsk; restraint measures towards patients with • Volyn regional psychiatric hospital № psychiatric disorders. 2; During monitoring visits, makeshift • Zhytomyr regional narcological instruments of restraint were found, dispensary; including at the children’s units of hospitals, SECTION 4. 167 which may cause significant harm to the On 24 September 2014, the Secretariat of patients’ health, namely: at Cherkasy the Ukrainian Parliament Commissioner for regional psychiatric hospital, Ukrainian Human Rights hosted a roundtable titled psychiatric hospital with intensive “Issues related to applying physical restraint supervision of the MoH of Ukraine, Kyiv towards to persons with psychiatric regional neuropsychiatric hospital #2 disorders” organized in cooperation (children’s unit), Poltava regional clinical with the Ukrainian Research Institute of psychiatric hospital, Poltava regional Social and Forensic Psychiatry and Drug clinical psychiatric hospital, Children’s unit Abuse of the MoH of Ukraine. Results of Kyiv regional psychiatric hospital #2. of the Commissioner’s monitoring were presented at the roundtable and taken For instance, during the visit of the into consideration during development regional public relations coordinator of of a draft MoH order on regulation of the the Ukrainian Parliament Commissioner for procedure of physical restraint. Human Rights in Rivne region V.V. Svirets, to Volyn regional psychiatric hospital № 2 However, the above MoH order has not one patient was in an isolated ward. The been adopted. staff explained that he was on the floor Violations of children’s rights in the process of due to his condition, namely severe mental psychiatric assistance disability. However, the room was clearly unfit for isolation and, moreover, locked. Paragraph 4 of the Procedure for provision of psychiatric assistance to children approved by the MoH order #400 dated 18.05.2013 states that custody and trusteeship agencies ought to be informed about admission of an orphaned child or a child deprived of parental care to a psychiatric institution. Treatment of children at the Ukrainian psychiatric hospital with intensive supervision of the MoH of Ukraine constitutes a gross violation of the rights. As of 1 November 2014, there were two underage patients in this hospital held That patient has been staying at the hospital together with the adults, which is a serious for a long period as the court deprived breach of Standards 29 and 30 of the his mother of a right to custody due to European Committee for the Prevention alcohol abuse. The custody and trusteeship of Torture and Inhuman and Degrading agency did not prepare the documents for Treatment or Punishment (CPT/Inf/E transfer to a neuropsychiatric residence, (2002) 1 - Rev. 2004), according to which and the hospital is unable to solve the “juvenile psychiatric patients should be problem. Necessary measure were taken accommodated separately from adults”. At during the visit, and an act of response the same time, the institution does not have was forwarded to the head of the regional experts in treatment and rehabilitation of state administration with the aim of finding children with mental disorders. solution. 168 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Violations of human rights in relation to the 14 departments of enhanced supervision; use of coercive medical treatment measures 239 departments of general supervision. In 2014, coercive medical treatment was As of 1 January 2015, there were 1690 used at: psychiatric patients in Ukraine who had The Ukrainian psychiatric hospital with been subjected to coercive treatment, intensive supervision of the MoH of including 787 at the Ukrainian psychiatric Ukraine; hospital with intensive supervision of the MoH of Ukraine (Dnipropetrovsk).

The number of departments of psychiatric health facilities Ministry of Health of Ukraine, where applicable compulsory medical measures and conducted a forensic psychiatric examination of persons taken into custody (as of 01/01/2015 p.)

35

30

25

20

15

10

5

0 v a yiv ki asy hy Lviv Kyiv rk Rivne Volyn Sumy rnopil oltava State.... Odessa P Khar Ce Te Kherson arpattya ty of K rovograd Vinnytsya Chernigiv Zhytomyr Mykolayiv Chernivtsi Ki Ci Zak Khmelnytsky Zaporizhz ano-Frankivsk Dnipropetrovsk Iv

Intensive supervision General supervision (specialized for the use of coercive medical measures) Enhanced supervision Specialized for the forensic psychiatric assessment of persons taken into custody

Violations of the right to be present in court examination conclusion, and conclusion of during review of the matters of extension, a medical supervisory committee. alteration or termination of the use of Unfortunately, such practice was also coercive medical measures. found in other healthcare institutions, For instance, patients of Volyn regional in particular in the Ukrainian psychiatric psychiatric hospital № 2 do not participate hospital with intensive supervision of in court hearings, and the court takes the MoH of Ukraine. Only following the decisions in relation to extension, Commissioner’s intervention, people alteration, or termination of the use of started to be brought to court. At the coercive medical treatment measures same time, the process of bringing to court based on submission by the chief physician, organized by the administration can be SECTION 4. 169 viewed as degrading treatment. The patients district court specialized in such cases who are accompanied by the staff of the State conducted field hearings at the hospital. Penitentiary Service without a doctor and However, today only the judges “selected” handcuffed at all time. by the system review these cases, yet the practice shows that by far not all of them have relevant training for working with this category of persons. There are also problems related to the absence of passports in clients transferred for treatment from remand prisons. The Procedure for application of coercive means of medical treatment (adopted by the MoH of Ukraine order #397 dated 08.10.2001), contains a requirement for providing a passport. At the same time, the monitoring revealed multiple instances when persons subjected to coercive medical It was established that patients were measures were brought to the psychiatric handcuffed also during transfer and stay at institution without passports (Kyiv regional in-patient units of other hospitals, particular psychiatric and narcological union #1, Kyiv during treatment of somatic diseases. Yet city neuropsychiatric hospital #3). handcuffing of patients with psychiatric disorders is not foreseen by any regulatory In addition, there is no mechanism for the instrument in the field of healthcare. use of pension and social payments by the patients subjected to coercive measures of In this regard, we should point out a medical treatment. positive practice used by Vinnytsya city court. To decide on the matters of The procedure for receipt, safekeeping extension, alteration, or termination of and withdrawal of money belonging to the use of coercive medical treatment patients adopted by the MoH order #64 measures, the court conducts field dated 02.03.2007 is very outdated as it was hearings at the specially equipped room adopted on the basis of legal instruments of Vinnytsya regional O.I. Yushchenko of Soviet time – the Procedure of cash neuropsychiatric hospital #2. The lawyer transactions adopted by the decree of and hospital administration are diligent in the USSR Council of Ministers #552 dated following time limits, and cooperate with 06.08.1973 and the MoH order #643 dated local authorities, prosecution and the court 21.08.1973. for the protection of patients’ rights. During visits to Kyiv regional psychiatric and There is an important issue of the judges’ narcological union #1, Ukrainian psychiatric expertise in cases involving persons with hospital with intensive supervision of the psychiatric disorders. For instances, court MoH of Ukraine, Kyiv city neuropsychiatric cases of the patients of Kyiv regional hospital № 3, it was found that custodians psychiatric and narcological union #1 prior receive pension and/or assistance for the to introduction of electronic distribution persons with legal incapacity subjected were reviewed by judges of Vasylkiv to coercive medical measures. In case of 170 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

their absence, the money is kept on private Modern international standards for accounts of the patients. Patients stay protection of the rights of persons with in these hospitals for long time, usually, mental disorders recognize that “forced during several years. Some of them have treatment by psychiatric and other health no relatives or visitors. Consequently, these and medical professionals is a violation of patients in fact have no possibility to use the right to equal recognition before the their money even to purchase necessities, law and an infringement of the rights to and they are fully dependent on the personal integrity (art. 17); freedom from custodian for these matters. torture (art. 15); and freedom from violence, exploitation and abuse (art. 16)” (General There are obstacles to ensuring the right comment No. 1 (2014), UN Committee to education for the children undergoing on the Rights of Persons with Disabilities, treatment at in-patient units. Eleventh session 31 March–11 April 2014). As a rule, there are only counselors at The Committee recommended that States children’s units, and they do not ensure parties “ensure that decisions relating to a proper educations. The juvenile unit of Kyiv person’s physical or mental integrity can only regional psychiatric hospital #2 does not be taken with the free and informed consent even have a staff counselor. of the person concerned”. Vinnytsya regional neuropsychiatric Ukrainian legislation, in particular Article hospital #2 and Poltava regional clinical 13 of the Law of Ukraine “On Psychiatric psychiatric hospital display positive assistance”, requires informed consent for example of organizing educational process voluntary hospitalization to a psychiatric at children’s units. In particular, there are institution. agreements signed between hospitals and As there is no unified consent form for secondary schools providing for individual these purposes, the psychiatric institutions learning that allows children to go through use the form of informed voluntary educational programs while being at in- consent of a patient of the Form of primary patient units. documentation №003-6/о approved by the MoH order #110 dated 14.02.2012. However, contrary to Article 1 of the Law, the form does not ensure availability of this information. In addition, abbreviated names of psychiatric institutions are often used, which does not inform the patient in accessible way about his admission to a psychiatric institution.

Poltava regional clinical psychiatric hospital Human rights violations during provision of informed consent to hospitalization to a psychiatric institution SECTION 4. 171

neuropsychiatric hospital #2, Vinnytsya regional neuropsychiatric hospital #2, Cherkasy regional psychiatric hospital and others, have demonstrated that underage persons do not sign the consent form, and consent is given by parents only.

Some hospitals have the rule to collect Informed voluntary consent for treatment of an underage persons starting with 15, instead of 14, years of ages (likely, in analogy to Article 26 of the Law of Ukraine “On psychiatric assistance” whereby children aged 15 and above have the right to review their medical records). While in general the norms on hospitalization were adhered to at Chernivtsi regional psychiatric hospital, The monitoring identified multiplethere was use of consent forms of legal violations during provision of informed representatives of an underage person consent for hospitalization of children under the age of 15 years. aged 14-18 (underage). In accordance with paragraph, 3.5 of the Procedure for provision of psychiatric assistance to children (approved by the MoH order #400 dated 18.05.2013), for children of this age category “the written consent for hospitalization is attested in medical records with the signature of the child, his/ her parents, legal guardians and child psychiatrist at the reception office (unit)”. However, children’s units of Kyiv regional 172 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

environment.

In addition, even when underage children provide informed voluntary consent for the Cherkasy regional neuropsychiatric hospital treatment, such practice is omitted during hospitalization of orphans and children The doors in wards are missing at Vinnytsya deprived of parental care: the consent is neuropsychiatric hospital #2 and Volyn only provided by their legal guardians. regional psychiatric hospital #2. Moreover, representatives, not heads Unit #21 of Vinnytsya neuropsychiatric of boarding facilities bring children for hospital #2 and the narcology unit of admission to a hospital and consent to Cherkasy regional psychiatric hospital treatment without having a status of a legal have beds in hallways due to the lack of free space. guardian.

Also, according to psychiatrists, contents of the informed voluntary consent form are Narcology unit, Cherkasy regional unclear and inaccessible to children. neuropsychiatric hospital Violation of the right to proper conditions of Lack of free access and proper equipment in treatment sanitary rooms. For instance, a bathroom at Volyn regional psychiatric hospital Overcrowding of wards in most visited was locked even during the visit. To use hospitals, lack of chairs, bed stands, desks the bathroom, patients need to find a and other appliances renders impossible competent official of the unit. the establishment of proper therapeutic SECTION 4. 173

hour per day. Storage and control of mobile phone by medical personnel represents a common method for regulating conversations in other hospitals as well, such as Volyn regional psychiatric hospital #2, Poltava regional clinical psychiatric hospital etc. Sometimes, there are arbitrary restrictions on visitations; in particular, at unit #7 of Poltava regional clinical psychiatric hospital visiting is possible only until 16:00. Visits by relatives are prohibited on weekends At the geronto-psychiatric unit (unit#7) and holidays at Ukrainian psychiatric of Poltava regional clinical psychiatric hospital with intensive supervision of the hospital, there are not ventilation frames or MoH of Ukraine. Visits on workdays are the glass is smoked at the bathroom and possible only in presence of a staff of the shower premises. criminal executive service, which constitutes Bathrooms, showers, and toilets are not a gross violation of both the national separated with partitions. legislation, and also relevant international standards. Meanwhile, there is understanding of the positive impact of communication at Vinnytsya regional neuropsychiatric hospital, and consequently communication is unrestricted (with exceptions). Relatives can take children and adults for a walk upon agreement with the doctors not only on the hospital premises but also around the city. Lack of conditions for recreation and rehabilitation Volyn regional psychiatric hospital № 2 Monitoring showed that there are no or very Restrictions of the right to communication small recreation rooms at Vinnytsya regional In the absence of a unified procedure for neuropsychiatric hospital, Chernivtsi using mobile phones, different hospitals regional neuropsychiatric hospital, and in introduce arbitrary restrictions. Volyn regional neuropsychiatric hospital the hallways is used as a recreation room. For example, there are no limitations on the use of mobile phones at the unit #8 Outdoor courtyards are not properly of Cherkasy regional psychiatric hospital, equipped: there are no rain/sunlight whereas in other units the medical staff canopies or parlors, in particular at keep phones and only give them out in Chernivtsi regional psychiatric hospital, accordance with a set schedule of half an Kyiv regional neuropsychiatric hospital 174 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

#2. A visit to the latter found that children units in different regions. patients could not walk for a long time (the While sharing a common name “hospice”, personnel explained it with the decrease in palliative care units differ both in their temperature and risk to fall ill though the operations, and also in conditions of stay. weather during October visit was sunny). For instance the “Hospice” palliative care unit of Kyiv city clinical hospital #10 in practice provides services of a geriatric institution since patients stay there sometimes during 2-3 years. For admission to this unit, one has to provide a smaller set of documents than in case of admission to a residence of the social protection system. In addition, it is free of charge to stay at the facility. This creates room for abuse by dishonest relatives who have the chance to get rid of elderly family members for a long time. There are no rehabilitation measures at the The problem of regulating operations of units of psychiatric hospitals for patients facilities providing palliative and hospice subjected to coercive medical measures, care remains unresolved. in particular at the Ukrainian psychiatric There is a lack of cooperation between hospital with intensive supervision of the the Kyiv city narcological hospital MoH of Ukraine. “Sotsioterapiya” with the AIDS Center or In Vinnytsya regional neuropsychiatric patient testing for HIV-infection. hospital, organization of cultural and Monitoring children’s homes rehabilitation measures serves as a positive example. The patients do origami and The number of children aged from birth paper crafts, drawing and embroidery; they to 3(4) years at children’s home has been play musical instrument, visit museums, gradually decreasing. Children are given theatres, excursions, lectures, and dance for adoption, returned to their natural events. parents, or taken under guardianship or a foster family (family-type children’s home), This was made possible due to the work or transferred to educational or social-care of a public council comprised of facility institutions upon reaching certain age. staff, but also of relatives, human rights activists and media professionals. Annual Accordign to paragraph 3.1.2 of the Model anonymous survey of patients and their regulation on children’s home, children relatives and a follow-up discussion with with physical and mental development the personnel also fosters improvement of impairments can remain in rehabilitation conditions at the facility. groups until four years of age. Upon turning four, these children are resettled to childcare Monitoring of institutions providing residences of the social protection system palliative care pursuant to a conclusion by a psychiatric, Monitoring groups visited 8 palliative care medical and pedagogical commission and SECTION 4. 175 referral by the Main directorate of labor their transfer from children’s homes. and social protection of regional (city) According to information about state administration. These are severely ill occupation of children’s homes provided children with disabilities who require not by Healthcare departments of state only proper care but also qualified medical regional administrations, these institutions assistance. Childcare residences of IV class are filled at 57.8% on average. Additional are located mostly in rural areas far from rehabilitation groups/daycare groups for the nearest healthcare institution. Social children from family settings have been protection institutions are not licensed created at many childcare homes. At the to provide medical services, therefore, same time, doctors welcome the idea of positions of doctors therein are usually opening palliative care units for terminally vacant, or doctors work there part-time ill children with inherent disorders and several hours per week. Monitoring data discontinuing the practice of transferring shows that a significant number of severely them to childcare residences. ill children of IV group die in childcare residences during the first year following

The number of departments of psychiatric health facilities Ministry of Health of Ukraine, where applicable compulsory medical measures and conducted a forensic psychiatric examination of persons taken into custody (as of 01/01/2015 p.)

Chernigiv Chernivtsi Cerkasy Khmelnytsky Kherson Kharkiv Ternopil Sumy Rivne Poltava Odessa Mykolayiv Lviv Kirovograd Kyiv Ivano-Frankivsk Zaporizhzhya Zakarpattya Zhytomyr Dnipropetrovsk Volyn Vinnytsya

0 200 400 600 800

Actual number of children

Capasity 176 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Response to recommendations of the an inspection, the MoH officials referred Commissioner based on monitoring the Commissioner’s letters to the hospital visits to healthcare system facilities itself, which is a gross violation of current legislation and casts doubt in relation to We should note that management of objectivity of the inspection results. In fact, the MoH of Ukraine for a long period it shows that the Ministry’s management has failed to fulfill the Commissioner’s keeps aloof from solving patients’ problems. recommendations based on several Consequently, on 24 November 2014, the visits to Ukrainian psychiatric hospital Commissioner for Human Rights sent an with intensive supervision of the MoH of application to the Office of the Prosecutor Ukraine, first of which took place in July General of Ukraine for the purposes of 2012. verification and relevant response. In 2014, a repeat visit took place in The Commissioner’s firm stance on the framework of the Commissioner’s the matter, along with response acts proceedings on protection of the rights of by prosecution authorities, led to patients in this hospital. The monitoring improvements in the state of observance of group included experts in psychiatry. A the patients’ rights. In particular, visitation number of new breaches were identified schedule was amended, and their right to along with the lack of response to violations be present at court hearings was ensured. found during the previous visit. Namely: There is an acute issue of providing − Security and oversight of patients in patients with nutrition. The MoH order the units is conducted by a penitentiary #931 dated 29.10.2013 “On improvement service unit, which constitutes a of organization of hospital meals and gross violation of the requirements of functioning of nutritional system in national legislation and international Ukraine” included changes that lead to standards; decreased norms of breadstuffs, crops and − Violations of the terms of stay of pasta, and potatoes (particularly for the individuals for whom types of coercive “hypertrophic” patients). During financial measures were changed by the court; crisis and growing prices, hospitals could − Restrictions of the patients’ rights to not fulfill daily nutrition norms. Given the communication, including interference side effects from medication administered with confidential communication of to patients with psychiatric disorders, the patient with an attorney or legal those who had no opportunities to receive representative; food parcels were underfed. There were complaints about this problem in virtually − Inadequate medical assistance; all visited psychiatric hospitals, and the − Overcrowded wards, lack of free access chief physician of Lviv regional psychiatric to sanitary facilities etc. hospital also addressed the Commissioner for Human Rights in relation to this matter. Multiple acts of response of the Commissioner were sent to the Ministry The Commissioner for Human Rights sent a of Health of Ukraine requiring in-depth petition on this matter to the Ministry that inspection and relevant response at first denied the possibility of deviating measures. However, instead of conducting from the norms established by the MoH order #931 dated 29.10.2013 and insisted SECTION 4. 177 on the need to increase funding. However, letters to directors of boarding schools and due to difficult financial situation in the residences on obligatory informed consent country, the Ministry informed about the (petition) during hospitalization of children planned review of amendments to this to psychiatric institutions. In addition, a order with chief consultants on psychiatry seminar on the procedure of children’s and nutrition, as well as experts of the hospitalization was held at the psychiatric Ukrainian Research Institute of Social and hospital. This positive case is the only Forensic Psychiatry and Drug Abuse of the example of effective and systemic response MoH of Ukraine. we would like to see from the Ministry. Analysis of response to recommendations During 2014, there have been repeat shows that majority of recommendations visits to the enhanced supervision unit are not followed, or response acts are of Kyiv city neuropsychiatric hospital #3, being prepared. This also applies to the Poltava regional Maltsev clinical psychiatric Special report of the Commissioner for 2013 hospital. It was established that partial titled “Monitoring of Custodial Settings refurbishment took place at several units, in Ukraine: Status of implementation including children’s unit #9, of Poltava of the national preventive mechanism”. regional clinical psychiatric hospital since In particular, there is no Procedure for May of previous year. application of restraint measures foreseen by Article 508 of the CPC, which was recommended for immediate development with the view to possible human rights violations. There has been no response to all 12 recommendations to the Ministry stated in the Report. The Ministry’s response in relation to implementation of these recommendations contains a number of measures on improving the quality of psychiatric help in Ukraine pursuant to ECHR decisions in the field of psychiatry related to Ukraine. However, these measures are general. The Department of healthcare of Cherkasy regional state administration has adopted a systemic approach to taking measures of response to recommendations. In response to recommendations on ensuring children’s rights, the department sent letters to district and city psychiatrists with detailed account on issues of hospitalization of children to psychiatric institutions; to the children’s service – on the issue of differentiated approach to hospitalization to psychiatric institutions; 178 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: SECTION 5. 179

CHAPTER 5. RECOMMENDATIONS FOR IMPROVING OBSERVANCE OF HUMAN RIGHTS BASED ON MONITORING RESULTS IN 2014 5.1. For Verkhovna Rada except for rooms for investigative (Parliament) of Ukraine actions and rooms for persons apprehended and taken into custody 1. To regulate by law the establishment of the unit. of an independent body of pre-trial 5. Introduce a legal definition of the investigation of instances of torture moment of actual apprehension and other cruel, inhuman or degrading of the person for commission of treatment or punishment committed administrative offence, as well by officials. as the moment of termination of 2. To amend Article 5 of the Law of administrative detention. Ukraine “On Militsiya” with the purpose 6. To regulate the procedure of serving of ensuring prompt and unconditional administrative arrest at the special notification of a defender (Center for reception centers for persons under free secondary legal aid on each case administrative arrest. of apprehension, arrest, or detention), 7. In accordance with Article 327§3 of in accordance with Article 208§4 and the Administrative Code of Ukraine, 213§4 of the CPC of Ukraine. develop a draft law governing the 3. Introduce amendments to the Criminal procedure of serving administrative Procedure Code of Ukraine: arrest. Article 277 – to require obligatory indication 8. Introduce amendments to Article 9 in the notice of suspicion of the date of the Law of Ukraine “The basis of and time of actual apprehension of a Ukrainian legislation on healthcare” person, as well as the date and time of to supplement the list of grounds for serving the notice of suspicion. restricting citizens’ rights in relation to Article 212 – on ensuring operational their health condition with the use of independence form pre-trial measures of restraint towards persons investigation agencies of competent in whose respect it is provided to apply officials responsible for the persons in compulsory medical measures or the custody of the internal affairs bodies. matter of applying was considered 4. To prohibit by law the stay of in accordance with Article 508 of the apprehended person in any other Criminal Procedure Code of Ukraine. premises of the internal affairs bodies 9. Introduce relevant amendments to 180 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Article 93 of the Criminal Executive Law whereby anti-tuberculosis facilities Code for the following formulation: re responsible for treatment of these individuals. “A person sentenced to imprisonment serves the entire sentence, as a rule, at b) article 7 – to provide for the transfer one correctional prison or correctional of money or valuable items seized juvenile facility within the administrative from persons taken into custody unit in accordance with his/her place of during their preliminary detention, residence prior to conviction or the place only in accordance with a relevant of permanent residence of his/her relatives. court ruling, as under Article 41 of the Constitution of Ukraine the right Assignment of the convicted person to to private property is inviolable a prison in another administrative unit and confiscation of property may is allowed solely in case of absence of a be applied only pursuant to a court facility of relevant security level. ruling. In such instances, the court is Transfer of a convicted person for to receive a report on seizure of money further serving of punishment from one or valuable items made by a relevant correctional facility to another is only official; allowed in exceptional circumstances c) article 9 - to provide for daily outdoor impeding further stay at this correctional time of two hours for pregnant women facility, or upon personal request of the and women with children, for minors convicted person on his/her transfer to a and also for the ill, with doctor’s facility located within the administrative permission and on their own consent. unit in accordance with his/her place of Scheduling of specific time for daily residence prior to conviction or permanent outdoor exercise will exclude any place of residence of the convicted person’s shortening of such time (two hours); relatives. The procedure of transfer is regulated by legal acts of the Ministry of to provide for the right of detained persons Justice of Ukraine”. to receive parcels or packages and money transfers with restrictions in quantity. The 11. Introduce amendments to the Law of present language of Article 9 of the Law Ukraine “On Preliminary Detention” of Ukraine “On Preliminary Detention” is a) Article 4 – provide for treatment the reason why paragraph 2.1 of Section 2 of detained persons with contagious of Chapter VI of the Provisions on internal forms of tuberculosis at anti- procedures for remand prisons of the State tuberculosis facilities in specially Penitentiary Service of Ukraine (approved designated premises. by Ministry of Justice of Ukraine on March 18, 2013, #460/5, and registered with The need for such amendment stems from Ministry of Justice on 20 March 2013 under the discrepancy between provisions of the #445/ 22977) provides that prisoners are Law and the Law of Ukraine “On response allowed parcels with a total weight of no to tuberculosis” leading to violations of the more than 50 kg per month. This violates right to healthcare of detained persons the right of detained persons to adequate suffering from tuberculosis as these (quality) nutrition; persons are placed into remand prisons despite Article 10§4 of Chapter III of this d) Article 11 – to introduce a minimum SECTION 5. 181

standard of at least 4 square meters transparent criteria, limited in time and of space per detainee in a cell, and at subject to regular review. least 5 square meters for pregnant f) article 13 – to provide delivery of women or women with children, as replies to applications, complaints and well as for medical units. For cases of letters directly to persons taken into solitary confinement, the minimum custody. standard of space per detainee should constitute at least 7 square meters. Decisions on restricting correspondence are to be well founded and based on There is an ongoing issue of discrepancy transparent criteria, limited in time and of the set norms on space in preliminary subject to regular review. detention facilities with current human rights standards. In particular, according Current procedure under Article 13 to the Law of Ukraine “On Preliminary provides that remand prison administration Detention”, it should not be less than inform persons taken into custody, against 2.5 square meters whereas current their signature added to their personal international standards provide for at least files, about the replies to their applications, 4 square meters; complaints and letters. This procedure contradicts Article 34 of the Constitution e) article 12 – regarding the right of of Ukraine that entitles everyone to persons taken into custody to visits freely collect, store, use and disseminate from relatives or other persons. information, orally, in writing or otherwise, Decisions on restricting visits by relatives at own choice. are to be well founded and based on

5.2. For the Cabinet of Ministers of Ukraine

1. To develop a regulatory act that would Guard Service of Ukraine) in view of define uniform national standards leading domestic and international of custody for persons detained practices. for administrative offenses and the 3. To develop uniform state rules and procedure for restriction of their rights standards for equipment of transport and freedoms by the authorities of the means (special vehicles, special railcars, Ministry of Internal Affairs, the State patrol cars) used for transportation of Migration Service and the State Border apprehended, detained and convicted Guard Service of Ukraine. persons, in accordance with the 2. To develop uniform national rules and relevant international standards, and standards for conditions of custody for to bring the available transport means persons detained for criminal offenses into conformity therewith. in places of detention subordinate 4. To develop and approve by a joint to different ministries and agencies regulation of the OPG, SSU, MIA and (Ministry of Internal Affairs, Ministry the State Fiscal Service the uniform of Defense, State Penitentiary Service, templates of registration documents to State Security Service, State Border be maintained by officials responsible 182 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

for persons in custody in accordance template for comparative revisions by with Article 212 of the CPC, as well as pre-trial investigation units of the MIA, identify the procedure for controlling SSU, SFS and prosecution authorities observance of the rights of detainees conducting apprehension with the by officials responsible for persons in Centers for free secondary legal aid custody. in accordance with paragraph 10 of the Procedure adopted by the CMU 5. To identify the procedure for decree #1363 dated 28.12.2011. To calculating the time for bringing a include requirement for individual person into custody and maximum comparative revision of the time of duration of this process in case of apprehension, call for and arrival administrative apprehension. of attorneys to each apprehended 6. To introduce the system of effective persons. investigation of illegal apprehensions 8. Develop and introduce at the pre-trial on suspicion of a crime in violation investigation units of the MIA, SSU, SFS of requirements of Article 208 of the and prosecution authorities a “uniform Criminal Procedure Code of Ukraine personal file of an apprehended following a significant period after person” that would allow to supervise occurrence of the crime. observance of the person’s right from 7. To develop and introduce a uniform the moment of actual apprehension.

5.3. For the Office of the Prosecutor General of Ukraine

1. To ensure proper investigation of application of coercive measures instances of torture and ill-treatment related to detention, in particular: in cases where the person submits - to ensure strict compliance a justified complaint that s/he of pre-trial investigation authorities with had suffered ill-treatment by the Article 208 of the CPC during apprehension authorities. of a person without a decision by an 2. To prohibit the prosecution authorities investigating judge or court. Take to forward applications and complaints immediate prosecutorial response measure for inspection to authorities and upon identification of illegal apprehension institutions when actions of these without a decision by an investigating authorities/institutions are subject of judge or court when such apprehension complaint. did not take place during or immediately 3. To exclude illegal concealment of after occurrence of a crime; crimes by prosecution authorities via - ensure control of observance of failure to enter data into the ERDR the right to defense, in particular, on torture and other forms of ill- on immediate notification of the treatment with characteristics of a Centers for free secondary legal criminal offense. aid immediately after the actual 4. To ensure proper oversight of apprehension as defined by Article 209 observance of human rights during of the CPC; SECTION 5. 183

- on ensuring the right of detainees to - on the stay of apprehended persons inform a third party of their choice and conduct of investigative actions in about apprehension; premises not foreseen by law; - on compliance with the CPC norms in - on exceeding allowed time limits of the process of drawing up reports on detention of apprehended persons apprehension on suspicion of a crime, (persons brought into custody) at the in particular, in relation to indicating bodies of internal affairs. time and place of actual apprehension;

5.4. Specific recommendations for ministries and agencies

5.4.1 MINISTRY OF INTERNAL AFFAIRS OF UKRAINE 1. Examine feasibility of special reception judge, court) within long period after centers of the internal affairs bodies for the actual crime. custody of persons under administrative 2.2. Organize systematic trainings arrest, taking into consideration: with competent officials who conduct • absence of any legal instruments apprehensions at all city, district and line regulating the procedure for serving departments subordinate to the MIA of the sentence of administrative arrest, Ukraine on the procedure of applying as required by Article 327§2 of the Article 208 of the CPC of Ukraine during apprehension without a decision by an Administrative Code of Ukraine; investigating judge, court. • existence of a wide network of 2.3. Organize systematic trainings with temporary holding facilities of the officers on duty of all city, district, and IABs that can be used for custody of line departments subordinate to the administrative arrestees given the MIA on compliance with paragraph small number of persons at the special 6.6.2 of the Instruction #181 approved reception centers; by the MIA order dated 28.04.2009 on • significant costs of the operation and verification of lawfulness of brining maintenance of the special reception persons into IAB custody, as well as centers and their personnel. notification of an authority authorized In case of a positive decision, the funds by law to provide free legal aid. assigned for operation of these institutions 3. Ensure the apprehended persons’ right may be used to improve material conditions to defense of custody at temporary holding facilities. 3.1. According to Article 208, 213 of 2. Take exhaustive measures on preventing the CPC of Ukraine, the Procedure for of human rights violations during notification of free secondary legal application of coercive measures related aid centers approved by the decree to apprehensions #1363 of the Cabinet of Ministers of 2.1. Terminate illegal apprehensions Ukraine dated 28 December 2011, of persons on suspicion of a crime ensure unconditional and immediate (pursuant to Article 208 of the CPC notification of free legal aid centers without a decision by an investigating promptly after the actual apprehension 184 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

of a person as defined in Article 209 of time of stay of persons, particularly the CPC of Ukraine64. detainees, at the bodies of internal 3.2. Organize additional trainings affairs. with competent officials conducting 3.8. Ensure proper registration of apprehension, officers on duty, as well persons at the premises of city, district, as persons responsible for persons and line departments, as well as daily in custody of all city, district and line oversight of upkeep of the registries departments subordinate to the MIA of persons taken into custody, visitors, on the procedure for ensuring the right and invitees in accordance with the to defense, including the procedure of Instruction (amended) approved by the notifying Centers for free secondary MIA order #181 dated 28.04.2009. legal aid. 4. Ensure observance of the right to 3.3. Ensure immediate notification healthcare and medical assistance of relatives and next of kin about administrative apprehension of 4.1. Organize proper medical and urgent care to persons at city, district persons, as well as apprehension on and line departments, special facilities suspicion of a crime, as well as further or vehicles. notification on transfer of persons from one detention facility to another. 4.2. In accordance with Article 3 of the Law of Ukraine “On Healthcare” on 3.4. Ensure unconditional notification organization of urgent care, define the of apprehended persons on the grounds list of persons whose duties should for apprehension and the alleged crime. include key practical skills for saving 3.5. Pursuant to Article 209 of the CPC of and preserving life of a person in critical Ukraine, to ensure obligatory indication condition, as well as minimizing impacts of the place, date and exact time (hours of this condition on the person’s health, and minutes) of apprehension in the at the place of event prior to arrival of an protocol of apprehension on suspicion ambulance. Organize relevant training of a crime. of these officials. 3.6. Prohibit bringing apprehended 4.3. Provide the rooms for persons persons to city, district and line apprehended and taken into custody departments that do not have rooms of duty stations of the internal affairs for persons apprehended and taken bodies and remand prisons with medical equipment and expense into custody and rooms for investigative materials in accordance with norm 2 actions. approved by the MIA order #946 dated 3.7. To prevent exceeding the set 25.09.2006. time limits for detention of persons 4.4. Equip first-aid kits foreseen by apprehended and taken into custody Norm #2 approved by the MIA order at the internal affairs bodies. To stop #946 dated 25.09.2006 with instructions falsification of information on the actual for use of medications. 64 According to Article 209 of the CPC of Ukraine, 4.5. Equip all city, district and line the moment of an individual’s apprehension is when departments and special facilities of the s/he with the use of force or through obedience to the MIA with a list of healthcare facilities order, has to stay next to the competent official or in that provide substitute maintenance premises prescribed by the competent official. SECTION 5. 185

therapy65 and train officers on duty accordance with current legal instruments on cooperation with healthcare of the MIA of Ukraine. institutions in case of apprehension of 6. To ensure full implementation of persons undergoing the SMT. measures for the prevention of torture 4.6. Amend the Registry (annex 16 of and ill-treatment in all city, district, and the MIA order #181 dated 28.04.2009 line departments and special facilities of to ensure registration of provision the MIA of medical care to all persons at the internal affairs bodies, not just those 6.1. To organize proper registration detained therein. of the stay of all persons at the IAB premises. To oblige the management 4.7. Ensure proper records in the of city, district and line departments Registry of medical assistance to to conduct continuous oversight of persons detained at the duty station, in the upkeep of the registry of persons particular: brought into custody, visitors, and - Indicated the time of calling and invitees in accordance with the MIA arrival of an ambulance; order #181 dated 28.04.2009. - Data on existence of 6.2. To appoint one or several officials contraindications to detention; responsible for custody of detainees at - Inclusion of information on the units of all pre-trial investigation follow-up measures pursuant to agencies in accordance with Article doctors’ referrals for examination at a 212 of the CPC of Ukraine. Guarantee healthcare institution. due diligence of these officials in their functions, particularly provided by 4.8. Ensure strict compliance with Article 212§3 of the CPC of Ukraine. recommendations on additional Prevent cases of involvement of these examination made by doctors called persons to performance of other duties to the bodies of internal affairs and unrelated to the above functions. remand prisons. 6.3. Install signs with names of units 5. To ensure proper records on observance (sectors), titles and names of officials of the rights of persons in custody of on all doors of the offices at city, special institutions and internal affairs district, and line departments so that bodies of the MIA in case necessary it would be possible to identify the exact location of Keep proper records of actions and apprehended or detained persons who measures taken to protect the rights of allege ill-treatment by law enforcement. persons in custody at the MIA places of detention. Ensure official record-keeping 6.4. Pursuant to paragraph 5 of the MIA at duty units, investigation units of city, order #404 dated 16.09.2009 and the district, and line departments, temporary MIA directive #329 dated 31.03.2011, holding facilities, special reception centers ensure installation of video surveillance for persons under administrative arrest, in system at all city, district, and line departments of the internal affairs, duty 65 Annex 1 to the Procedure of cooperation be- tween healthcare institution, internal affairs bodies, stations, hallways, investigation room remand prisons and correctional facilities on ensuring with records archived for at least one uninterrupted substitute maintenance therapy ap- month. proved by the joint order of the MoH, MIA, MJ, ДСКН Remove all items that can be used #821/937/1549/5/156 dated 22.10.2012. 6.5. 186 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

for psychological or physical coercion #1177 dated 10.10.2004. form the offices of IAB officials. 6.9. Prohibit inspection and censorship 6.6. Exclude instances of bringing of correspondence of apprehended, persons from remand prisons or THFs detained persons, persons under to the premises of internal affairs administrative arrest addressed to the units for investigative actions, and use Ukrainian Parliament Commissioner investigation rooms at remand prisons for Human Rights, the European and THFs for these purposes. In case Court of Human Rights, as well as of the need to conduct these actions other relevant bodies of international with involvement of apprehended or institutions to which Ukraine is a party arrested persons outside of special or member state, competent officials facilities (crime reconstruction, of these institutions, prosecutors, bringing the person before prosecution defense counsel in the case, as well authorities, court, or forensic expertise as correspondence received by etc.) these persons shall be convoyed detainees from the above entities and directly to the locations, and returned persons. Provide alternative methods to the special facility without placement of addressing correspondence to the to the premises for apprehended and above institutions and persons without detained persons at the city, district, passing through the administration of and line departments. the detention facility. 6.7. In accordance with Article 10 of 6.10. Ensure functioning of helplines at the Convention against Torture and the bodies and units of internal affairs Other Cruel, Inhuman or Degrading that would allow persons detained Treatment or Punishment, include the on suspicion of a crime or under prohibition of torture into terms of administrative procedure to provide reference (duties) of all law enforcement information about the rights and officials. Include education and legitimate interests of citizens at special information regarding the prohibition institutions and rooms for persons against torture in the training of law apprehended and taken into custody enforcement personnel, civil or military, of duty stations of the internal affairs medical personnel, public officials and bodies. Ensure provision of information other persons who may be involved in about availability and procedure for the custody, interrogation or treatment contacting the helpline. of any individual subjected to any form 7. To bring conditions of custody of of arrest, detention or imprisonment. detained, apprehended and convicted 6.8. Provide free access to the registry persons in detention facilities of complaints and suggestions at the subordinate to the MIA into conformity internal affairs bodies, as well as ensure with the national and international objective, comprehensive and prompt standards. review of applications and complaints therein. Inform citizens about the 7.1. To bring the occupancy of cells results of the review and contents of in rooms for persons apprehended the decision in accordance with Article and taken into custody of the duty 19 of the Law of Ukraine “On Citizens’ stations of the internal affairs bodies, Petitions” and paragraph 7.4 of the in temporary holding facilities and in Regulations adopted by the MIA order special reception centers for persons SECTION 5. 187 under administrative arrest into with dining tables, stools (benches), conformity with the national and wall cabinets and bed stands for food international standards that require at products and personal hygiene items. least 4 square meters of usable floor 7.7. Equip beds in the rooms for area per person, excluding the sanitary persons apprehended and taken into unit and the area for items of common custody of duty stations and temporary usage. holding facilities in accordance with the 7.2. To prohibit holding of detained, standards (size 1.9x0.7 meters, with a arrested or convicted prisoners or matchboard next to the bed etc.). persons under administrative arrest in 7.8. Provide hot running water in any cells of temporary holding facilities, the cells of special MIA institutions in reception centers for persons under accordance with paragraph 5.3.1 of administrative arrest, rooms for persons the State norms on construction (ВБН) apprehended and taken into custody at В.2.2-49-2004. the duty stations of the internal affairs 7.9. Equip the cells of special bodies where the total area is less than institutions and rooms for persons 7 square meters, distance between apprehended and taken into custody at walls is less than two meters, and the the duty stations of the internal affairs distance between the floor and the bodies with alarm system (personnel ceiling is less than 2.5 meters. call buttons)66. 7.3. To foresee funding of the city, 7.10. The bring the level of natural district, and line departments for state lighting in the cells of temporary procurement of hot meals – three meals holding facilities, reception centers for per day for persons held in custody at persons under administrative arrest and the rooms for persons apprehended rooms for persons apprehended and and taken into custody at the duty taken into custody at the duty stations stations of the internal affairs bodies. of the internal affairs bodies into 7.4. To provide the temporary holding conformity with the relevant domestic facilities, special reception centers for and international standards. persons under administrative arrest, 7.11. To equip the windows in cells of and rooms for persons apprehended special facilities and in the rooms for and taken into custody at the duty persons apprehended and taken into stations of the internal affairs bodies custody at the duty stations of the with household, medical appliances internal affairs bodies with vents for and expendable property in accordance fresh air inflow and with appliances for with the norms established by the MIA their opening by inmates. order #946 dated 25.09.2006. 7.12. To equip the toilets in the cells 7.5. Provide continuous access to running and drinking water in cells 66 Foreseen by paragraph 2(c) of the European Pris- of the temporary holding facilities, on Rules whereby in all buildings where prisoners are special reception centers for persons required to live, work or congregate there shall be an alarm system that enables prisoners to contact the under administrative arrest, and rooms staff without delay. The rooms are not equipped with for persons apprehended and taken such system (there are no personnel call buttons etc.), into custody at the duty stations of the which was also noted in the 12th General Report of the internal affairs bodies. European Committee for the Prevention of Torture. and Inhuman or Degrading Treatment or Punishment 7.6. To equip cells of special institutions [p.48 CPT/Inf (2002) 15]. 188 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

of temporary holding facilities and for visits in all temporary holding reception centers for persons under facilities. administrative arrest and in the rooms 8.2. Ensure the right to access to for persons apprehended and taken information on public affairs for persons into custody at the duty stations of the held at the temporary holding facilities. internal affairs bodies in accordance with To equip the cells with broadcasting the relevant domestic and international antennas or radio receivers with standards and requirements. connection to radio broadcasting. 7.13. Exclude any instances when the 8.3. To exclude arbitrary denials of toilets are within surveillance of CCTV delivering parcels to detainees during cameras. weekends. 7.14. To remove excess humidity and 8.4. To provide temporary holding fungus infection from walls, floors and facilities with sets of men’s and women’s ceilings of the cells of THFs and rooms civilian clothes and footwear to be for persons apprehended and taken provided in relevant cases (persons into custody at the duty stations of the taken into custody in military uniform, internal affairs bodies. officials of the internal affairs bodies, 7.15. To equip temporary holding security service, justice agencies, and facilities and special reception centers prosecution). for persons under administrative arrest 8.5. To bring conditions at the with shower rooms with sufficient temporary holding facilities and special capacity for simultaneous showering of reception centers for persons under all persons held in the largest cell. administrative arrest into conformity 7.16. To provide temporary holding with relevant sanitary norms, in facilities and special reception centers particular remove excess humidity for persons under administrative arrest fungal infection of the walls, floors and with the necessary number of exercise ceilings of the cells. areas and equip them in accordance 8.6. To remove metal cages from with the State norms on construction temporary holding facilities, duty units ВБН В.2.2-49-2004 approved by the MIA and rooms for investigative actions. order #775 dated 12.07.2004. 8.7. Ensure advice on rights for 7.17. To equip the offices of all persons placed into custody of investigators and defense attorneys temporary holding facilities. in temporary holding facilities 8.8. To conduct proper quartz with videoconferencing means for treatment of premises at the temporary conducting relevant procedural actions holding facilities. during pre-trial investigation and court proceedings in accordance with Articles 8.9. To ensure strict compliance with 232 and 336 of the Criminal Procedure paragraph 9.3. of the Regulations Code of Ukraine. adopted by MIA order #638 dated 02.12.2008 on comprehensive 8. To eliminate deficiencies and violations decontamination procedure, including typical for special institutions of the washing, clothing disinfection etc. prior internal affairs bodies to placement to the THF cells 8.1. Ensure observance of the right to 8.10. To ensure immediate notification visitation. To equip designated rooms of prosecution authorities on bodily SECTION 5. 189

injuries of persons in custody at the THF. equip ramps at the entrances to bodies and units of internal affairs bodies and 9. To guarantee free access for persons special facilities in conformity with with reduced mobility to administrative the State norms on construction (ДБН buildings of the internal affairs bodies. В.2.2-17:2006) “Houses and buildings. According to the Law of Ukraine “On Accessibility of houses and buildings foundations of social protection of for groups of persons with reduced persons with disabilities in Ukraine”, mobility». 5.4.2. MINISTRY OF JUSTICE OF UKRAINE (BASED ON THE RESULTS OF MONITORING FACILITIES SUBORDINATE TO THE STATE PENITENTIARY SERVICE OF UKRAINE): 1. According to the Law of Ukraine “On ensure proper operations regardless Free Legal Aid” to guarantee access of possibilities of funding from other to secondary legal aid for persons in sources. penitentiary facilities. In particular, the following issues have to 2. The right to submit petitions be solved: (complaints) must be guaranteed in practice. There should be no content - Conduct of statewide audit of material censorship for such complaints or conditions of penitentiaries and arbitrary delays in their review. Thus, remand prisons with the purpose of convicted persons and prisoners providing prisoners and convicts with should have the possibility to address a living conditions in accordance with competent authority with applications sanitary regulations; (complaints) on treatment towards - Provide minimum floor space per him/her, including disciplinary person, sufficient number of beds and measure, without fear of persecution personal space (Standard minimum or repressions during inspections. rules, Rule 19) 3. To create a more consistent and - Ensure availability of ventilation comprehensive template for entry of systems, necessary cubic content of information into medical records. In air, lighting and natural lights, as well particular, medical personnel working as proper heating in cells and premises with persons deprived of their liberty for sleeping and recreation (Standard must have basic profession training in minimum rules, Rules 10 and 11). description and assessment of injuries - Improve general access to drinking in accordance with the Istanbul water and personal hygiene items. Protocol. Every inmate should have access to 4. To take measures that are more clean drinking water at any time when effective to improve material and it is necessary; living conditions in penitentiaries with - Proper equipment of showers, realistic implementation deadlines. bathrooms and sanitary facilities with Underfunding of penitentiary facilities respect to cleanliness and decency, and remand prisons must be stopped. establishing space for washing There should be sufficient funding to undergarments and disposing waste; 190 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

- Improve organoleptic properties of the exercise per day for all persons held food that has to be nutrient, prepared in penitentiary facilities, as well as and served in cleanliness and with their engagement in socially valuable decent treatment; activities, sports, trainings, and studies; - Eliminate the practice of withholding - To create conditions for educational expenses for meals and utilities from and cultural activities, the libraries funds and payments received by should have sufficient number of prisoners and convicts. Instead, part newspapers, textbooks and fiction of the income should be saved by the literature, as well as legal publications; administration and issued at release. - To create decent working conditions - Humanization of procedure and for convicted persons; conditions of conditions of custody of prisoners and work at industrial enterprises should convicted persons at the disciplinary be in conformity with occupational isolation units and cell-type premises, safety and sanitary norms. To ensure and solitary confinement wards, as fair compensation with consideration well as bringing it into conformity of workload and hazards; with international standards (Standard - Medical assistance should be minimum rules, Rule 31). guaranteed and available for all - To ensure proper exercise of the persons in detention and convicted right to at least one hour of physical persons, upon their request.

5.4.3. STATE BORDER GUARD SERVICE OF UKRAINE

On improving regulatory framework: of stay in transit areas of international airports and fulfillment of essential - To harmonize the Instruction on the needs of persons denied entry into procedure of holding of individuals Ukraine, to review the question detained by the State Border Service of amending relevant regulations of Ukraine under administrative (for instance, paragraph 19 of proceedings for violation of the the Regulation on state border legislation on the state borders of checkpoints approved by the decree Ukraine and on suspicion of a criminal of the Cabinet of Ministers of Ukraine offence to achieve conformity with #751 dated 18.08.2010 and paragraph the current minimum standards for 16 of General rules for equipping state the treatment of persons taken into border checkpoints approved by the custody; decree of the Cabinet of Ministers of - To adopt a list of list of disciplinary Ukraine #1142 dated 17.08.2002). measures towards persons held in custody of the border agency, On improving treatment and material conditions and procedure for their conditions: application, as well as guarantees for Amend the leaflet for advice on rights and prevention of torture during their duties to include information on the right application; to notify a next of kin about the fact and - In view of ensuring proper conditions grounds for apprehension, the person’s SECTION 5. 191 whereabouts, the right to contact a center - To include education on international for free secondary legal aid to receive legal norms for the prevention of torture, assistance; cruel, inhuman or degrading treatment - To equip rooms for detained persons or punishment into the training with desks and chairs at Zhulyany and programs for personnel guarding the Lviv-airport units; detained persons.

5.4.4. STATE MIGRATION SERVICE OF UKRAINE

To review the possibility of periodic review • Exclusion of the possibility of of feasibility of the duration of stay at the placement of foreigners and stateless centers for temporary stay of foreigners persons to the so-called localized (not less than once in two months). rooms (as a form of disciplinary punishment);Obligatory written To amend the current Regulation on the permission of a medical staff for the center for temporary stay of foreigners placement of foreigners or stateless and stateless persons illegally staying in persons to these rooms, and daily Ukraine in relation to the following: medical supervision of mental and The requirement for immediate provision physical health of these persons; of sufficient relevant information to sup- • Guarantees for confidentiality of port adaptation in conditions of depriva- medical examination of foreigners and tion of liberty to a foreigner or stateless stateless persons; person at the time of placement into the • Possibility to submit personal TAC in a native or other language that s/he belonging and items to the competent understands; TAC official at any time at one’s will; Definition of a clear list of items allowed • Possibility for the families for spending (prohibited) for use at the TAC; time together during the day.

5.4.5. MINISTRY OF DEFENSE OF UKRAINE

On proper treatment of convicted, detained, patients in the MMCH psychiatric and apprehended military personnel and clinics; conscripts: – To ensure continuous unimpeded – To explain to military conscripts the access of the patients of MMCH right to use mobile phone during psychiatric clinics to the bathroom, personal time, pre-weekend, weekend, and prohibit its use for smoking. pre-holiday and holidays, as well as On improving conditions of stay for ensure full exercise of this right in convicted, detained, apprehended regular practice; military personnel and conscripts: – To ensure unconditional recording in – To ensure access to fresh air (possibility the relevant journal of every use of to open cell windows) for convicted, physical restraint measures towards detained, and apprehended military 192 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

personnel; At the military unit A0139 (Kyiv): – To ensure the possibility of daily outdoor – To the extent possible, to provide walks for military personnel at the 4 square meters of floor space per MMCH psychiatric clinic; person in bedrooms; – To bring the number of beds in wards – To equip all bedrooms with intake- of the MMCH psychiatric clinic into exhaust and forced mechanical conformity with international and ventilation; national legal instruments (no more – To take measures to provide continuous than four); access to hot running water for the – To equip the bathroom at the MMCH personnel, as well as possibilities to psychiatric clinic with effective shower after service or physical labor. ventilation.

5.4.6. STATE COURT ADMINISTRATION OF UKRAINE

On amendments to legislation: - Equipment of smoking areas for defendants (convicted persons). To amend the State norms on construction (ДБН B.2.2-26:2010) “Houses and buildings. For the Ministry of Justice of Ukraine, to Courts” to ensure: complete development of an action plan for protection of the rights of - Floor space of at least 4 sq. m. and participants of criminal proceedings content of air of at least 9 cubic meters in accordance with the Order of the per persons in premises for defendants Ukrainian Parliament Commissioner for (convicted persons); Human Rights #1.1-1074/13-119 dated - Equipping rooms for confidential 11.06.13 and the Order of the Cabinet communication of defendants of Ministers of Ukraine #24003/1/1-13 (convicted persons) with an attorney dated 20.06.2013. at court houses;

5.4.7. MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE

1. To amend the Regulation on measures for rehabilitation, medical specialized general education measure in view of individual needs boarding school for children in need of children with disabilities, and of correction of physical and(or) cooperate with the MoH and the mental development adopted by the Ministry of Social Policy of Ukraine order of the Ministry of Education and to jointly initiate amendments to the Science #852 on 15.09.2008 with the Procedure for provision of technical purpose of reviewing a number of and other means for rehabilitation for contraindications for admission and certain categories of population and ensuring children’s right to education placement of the government order at educational institutions. approved by the decree of the Cabinet of Ministers of Ukraine #1652 dated 2. To provide choice of technical 29.11.2006. To foresee the possibility SECTION 5. 193

of providing children with hearing 3. To ensure operations of an optimal disabilities with two hearing aids network of children’s institutions with (following medical recommendation) family-type conditions of upbringing at the state expense. by reforming the existing and establishing new boarding facilities. 5.4.8. MINISTRY OF SOCIAL POLICY OF UKRAINE

On the regulatory framework: – To regulate functioning of units and “supervision rooms” and their – To take measures for licensing equipment; of medical services at residence institutions in accordance with – To regulate organizations of sanitary uniform qualification requirements and hygienic and anti-epidemic for the purpose of providing proper measures at residence institutions; medical assistance and services; – To adopt a regulation on indications – To establish, by regulation the and contraindications for placement procedure for physical restraint and of elderly citizens and persons with isolation of persons with psychiatric disabilities into residence institutions disorders at the social protection of the social protection system; institutions (neuropsychiatric – To develop the procedure for personal residences and childcare residences) in spending (25 % of the pension) of accordance with Article 8 of the Law of incapable residents for whom the Ukraine “On Psychiatric Assistance”; institution serves as a caretaker; – To improve the norms on number – To develop the Model internal of medical staff at residences of all regulations for residence institutions types and in-patient units of territorial of specific types; centers of social service of the social – To establish uniform regulatory protection system with the purpose of requirements for internal improving social services and provision documentation (records of visitors, of rehabilitation services to residents; duty shift logs, registers of injuries, – To develop sanitary regulations and journals of incoming and outgoing norms for establishing, maintaining correspondence of residents etc.) at and organizing the functioning of residence institutions; residence institutions of the social – To bring the order of the Ministry of protection system; Social Protection of the USSR #62 – To expedite adoption of the new Mod- dated 25.04.1983 “On approving el regulation on a neuropsychiatric the Instruction for inventory count residence and amendments to Model of garments, bedding, clothing and regulations on a residence for elderly footwear” into conformity with current citizens and persons with disabilities legislation. and childcare residence with the pur- On organizational and material support for pose of bringing them into conformity with current international and national social protection institutions: standards for custody of the elderly, – To take measure on fulfilling individual persons with disabilities, and children; needs of residence in view of capacity of residences healthcare institutions 194 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

providing proper qualified medical means for rehabilitation. assistance. – To equip sports grounds, gyms etc. – To take measure to ensure full funding – To improve organization of cultural of residences for major and regular activities. refurbishments, provision of proper – To take measure to provide residence nutrition, medications, clothing, with sufficient space in accordance footwear and hygiene items to with the legislation. residents etc. – To create conditions of free access of – To conduct regular courses for persons with special needs to objects professional development of of physical environment. personnel in relation to observance of the rights and freedoms of persons at – To equip recreation rooms at every residence institutions. residence. – To take measures to eradicate – To provide residents with bed stands, discriminatory actions towards certain desks, chairs, and wardrobes etc. categories of residents and their – To equip sanitary rooms with special relatives. devices and barrier-free access to – To take measures to raise the issue of hygiene procedures for persons in legal capacity of resident P. from Balta wheelchairs. neuropsychiatric residence before the – To install partitions in showers and guardianship and custody agency; bathrooms. – To conduct medical examinations – To provide residents with personal with involvement of specialists in hygiene items. accordance with current legislation. – To organize labeling of all clothing and – To take measure to ensure free primary footwear of residents. dental care, including specialized – To take measures to construct fences treatment, for residents of institutions. around the residence territory. – To take measures to provide – To organize free access of residence medical assistance to patients with to drinking water and bathrooms at tuberculosis, as well as to ensure nighttime. tuberculosis prevention measures. – To take measures to install doors – To take measures to ensure annual between rooms. fluorography examination of all – To take measures to ensure sufficient residents. lighting and ventilation. – To organize and implement – To take measures to equip dining rehabilitation measures for bedridden rooms with sinks and bathrooms. residents. – To equip outdoor courtyards with To initiate field meetings of medical – bathrooms, rain and sunlight canopies, and social expert commissions. benches and parlors. – To establish cooperation between – To equip residential units with fridges residences and rehabilitation facilities for residents’ food. (centers) for exchanging experience. – To take measures to provide bathing To take measures for providing – and laundry units with appliances for residents with necessary technical SECTION 5. 195

thermal treatment of clothes. – To place boards with information on – To store the working clothes of human rights, addresses and phone residents participating in labor therapy numbers of state authorities for in a separate room (corner), as well as residents’ petitions. ensure changing into clean clothes. – To make available information on – To provide bedridden residents with visiting hours of the administration of diapers in accordance with their needs. the residence. – To introduce stricter control by the – To supplement the list of subscriptions administration of the performance of to periodicals for the use by residents. medical, household, and catering staff. – To take measures to create own – To take measures to ensure free webpages or pages in social networks. continuous access to drinking water.

5.4.9. MINISTRY OF HEALTH

1. To develop an informed consent coercive medical measures. form for voluntary hospitalization 7. To review the possibility of amending for psychiatric assistance in view of the MoH order #931 dated 29.10.2013 accessibility for persons with mental “On improvement of organization disorders, particularly for children. of hospital meals and functioning 2. To amend the MoH order #359 of nutritional system in Ukraine” dated 19.12.1997 by adding considering the lack of funding for “Forensic psychiatry” into the list of catering in hospitals. specializations. 8. To develop a new Model regulation 3. To develop and approve model on a children’s home providing for regulations for psychiatric and possibility of establishing palliative neuropsychiatric hospitals. care units. 4. To amend the Procedure for provision 9. To take measures to implement of psychiatric assistance to children recommendations provided in the (approved by the MoH order #400 Special report of the Commissioner dated 18.05.2013) in relation to for Human Rights “Monitoring of specifying the procedure of notification Custodial Settings in Ukraine: Status of custody and trusteeship agencies of implementation of the national on hospitalization of children. preventive mechanism. Report for 5. To review clinical protocols for 2013”. provision of psychiatric assistance in view of current developments in medical field. 6. To facilitate the use of videoconferences and equipment of rooms for field court hearings at psychiatric/ neuropsychiatric hospitals during review of the matters of extension, alteration or termination of the use of 196 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: ANNEX 1 197

ANNEX 1 DEFINITIONS OF PLACES OF DETENTION OF DIFFERENT BODIES OF THE EXECUTIVE BRANCH

MIA: to offences, organize public awareness raising activities on protection of Bodies of internal affairs – law public order and combating crime. enforcement bodies of the executive 4. Protecting and maintaining public branch that takes part in state functions order. Internal affairs bodies have aimed and ensuring law and order, relevant authority in the field of protection from unlawful infringements of protecting public order on the streets, life, health, rights and freedoms of citizens, squares, parks, public parks, and other property, environment, interests of society public places, as well as in the field of and the state. control over compliance with the rules Bodies of internal affairs include the on stay of foreigners and stateless Ministry of Internal Affairs, main directorates/ persons in Ukraine. directorates of the MIA of Ukraine, MIA 5. Identification and investigation of Directorate in the Autonomous Republic offences. of Crimea, departments (directorates), units, institutions, educational facilities 6. Protection of rights and legitimate and research institutions that comprise the interests of citizens, enterprises, integrated system of the MIA of Ukraine. institutions, and organizations regardless of the form of ownership. Key tasks of the bodies of internal affairs: 1. Ensuring personal security of citizens, Premises for apprehended and detained protection of their rights, freedoms persons at the duty units of the bodies and legitimate interests. of internal affairs – special premises at city, district and line units of internal affairs 2. Implementation of the state policy on designated for temporary custody of combating crime through preventive, persons apprehended for administrative operational, and detective measures and criminal offenses. aimed at preventing, identifying, discontinuing and investigating Temporary holding facilities (THF) are offences. special police facilities for custody of: − 3. Crime prevention. The MIA and its local persons apprehended on suspicion of authorities submit recommendations crime to central and local executive − detained persons, for up to 3 days (if bodies, enterprises, institutions and bringing them to a remand prison organizations on the need to eliminate (SIZO) over this period is not possible reasons and conditions that contribute due to remoteness or absence of 198 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

proper means for transportation such Special vehicles (avtozak) and special persons may be held at THFs for no railcars of ST type serve for transportation more than 10 days); of persons who are apprehended, detained, − criminal defendants (convicts) who and convicted. arrived from SIZO and penitentiary institutions in connection with SECURITY SERVICE OF UKRAINE court hearings or participation in (SSU): investigative actions; Regional bodies of the Security Service − persons under administrative arrest, of Ukraine are the specialized law in the absence of a special reception enforcement state authorities that take center for such arrestees. part in performing state functions aimed Special reception centers for persons at prevention, identification, detection, under administrative arrest are police discontinuation, and investigation of crimes institutions for custody of persons under against peace and security of humankind, administrative arrest. terrorism, corruption and organized crime in the spheres of administration and Reception centers for juveniles are economy, as well as other illegal activities special police institutions for temporary that pose a direct threat to vital interests of custody of certain categories of minors that Ukraine. have to be confined. Specially designated areas for Reception centers for minors are temporary detention (temporary established for temporary holding of detention facilities) are special SSU minors aged from 1208 institutions for custody of: 1 to 18 who: − persons apprehended on suspicion of crime − committed socially dangerous acts when aged from eleven to fourteen, − detained persons, for up to 3 days (if if there is an immediate need to bringing them to a remand prison confine them (following a decision (SIZO) over this period is not possible by an inquest authority, investigator due to remoteness or absence of sanctioned by prosecutor, or pursuant proper means for transportation such to a court order); persons may be held at the specially designated area for temporary − are referred to special institutions for detention (THF) for no more than 10 juveniles by a court ruling; days); − intentionally left the special − criminal defendants (convicts) who educational institution where they had arrived from SIZO and penitentiary stayed previously. institutions in connection with Special wards at medical institutions court hearings or participation in are designated for in-patient treatment investigative actions; of apprehended and detained persons at − criminal defendants (convicts) who district (city) hospitals, wards (hospitals) for arrived from SIZO in connection with patients with infectious diseases and anti- court hearings or participation in tuberculosis institutions of the Ministry of investigative actions. Health of Ukraine ANNEX 1 199

DEFINITIONS OF PLACES OF of security and general conditions hold DETENTION OF THE TAX POLICE: men sentenced to prison for the first time for crimes of minor and medium gravity, Regional tax police authorities are women sentenced for crimes of minor and state law enforcement bodies that medium gravity, grave and particularly take part in state functions aimed at grave crimes. Prisons of this type may also preventing criminal and other offences in hold convicted prisoners transferred from taxation and budgeting fields, detecting, juvenile correctional facilities in accordance investigating and proceeding in cases on with the procedure specified by Article 147 administrative violations, searching for of the Criminal Executive Code persons absconding investigation or trial for criminal and other offenses in taxation Correctional colonies with medium level and budgeting spheres, preventing of security hold women sentenced to and combating corruption in the State life imprisonment and women whose Tax Service and identifying corruption, sentence of death or life imprisonment was safeguarding the security of employees of commuted to imprisonment for a definite state tax authorities and protecting them period following pardon or amnesty, and against unlawful acts in their line of duty. men sentenced to prison for the first time for grave and particularly grave crimes, STATE PENITENTIARY SERVICE men who had previously served prison sentences, men convicted of an intentional Remand prison (SIZO) is a penitentiary crime of medium gravity during their prison facility designed to hold persons sentence, as well as convicts transferred restrained by detention at any stage of from maximum security penitentiaries in criminal proceedings (pre-trial, after the accordance with the procedure outlined in verdict before transfer to an arrest house, the Criminal Executive Code; correction center or correction prison), except military personnel who are held at Correctional colonies with maximum level guardhouses. of security hold men sentenced to life imprisonment, men whose death sentence Correctional colonies enforce deprivation was commuted to life imprisonment, men of liberty and life imprisonment sentences. whose death or life imprisonment sentence Convicted persons serve sentences in was commuted to imprisonment for a correctional colonies, as follows: definite period of time following pardon or amnesty, men convicted for intentional Correctional colonies with minimum level particularly grave crimes, men convicted of security and lenient conditions for for premeditated grave or particularly grave individuals sentenced to prison for the first crimes during their prison sentence, as well time for crimes committed by negligence, as men transferred from penitentiaries with for crimes of minor and medium gravity, as medium level of security in accordance well as prisoners transferred from prisons with the procedure outlined in the Criminal with minimum level of security and general Executive Code. conditions, and prisons of medium level of security in accordance with the procedure Correction centers enforce punishments outlined in the Criminal Executive Code; of restriction of liberty of persons convicted for offenses of minor and medium gravity, Correctional colonies with minimum level as well as convicted persons punished in 200 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

accordance with Articles 82 and 389 of the 4. It should be noted that since restriction Criminal Code of Ukraine (2341-14). of liberty may, in accordance with 1. Sentences of restriction of liberty Articles 69 and 82 of the Criminal Code are served at correction centers that of Ukraine, be imposed for grave and are open-type criminal executive especially grave crimes, correction institutions open type. centers also execute sentences for this category of convicted persons. 2. Legal framework for operation of correction centers includes the Arrest houses are sentence enforcement Criminal Executive Code of Ukraine, institutions where prisoners serve their Provisions on internal procedures arrest sentences. Since this type of of penitentiary institutions, other punishment implies confinement (Article 60 of the Criminal Code of Ukraine), arrest regulations, as well as the Instruction houses provide conditions for physical on the procedure and conditions for isolation of prisoners from the outer world enforcement of sentences of restriction and others. Conditions in arrest houses of liberty approved by order no. 27 of must meet the regime requirements the State Department of Ukraine for for such sentences and ensure separate Execution of Punishments on February detention of certain categories of prisoners 16, 2005 (registered with the Ministry and oversight. An arrest house must have of Justice of Ukraine on March 5, 2005, the necessary material, technical and living reg. no. 290/ 10570). conditions. Requirements for establishment 3. The tasks of correction centers are: of internal and spatial arrangements at − to organize execution of sentences arrests houses are established by law. Arrest houses hold adults as well as juveniles who of restriction of liberty and to ensure had turned 16 years old by the moment optimal conditions for serving of pronouncement of their sentences and sentences with the purpose of convicted for crimes of minor gravity correction and re-socialization of convicts; STATE BORDER GUARD SERVICE − to prevent commission of new crimes by convicts; Temporary detention facilities are − to ensure lawfulness and order, and intended to hold offenders apprehended security of convicts, as well as staff, under administrative law on suspicion of officials and other persons on their an offense pursuant to a decision of the investigator and in accordance with the territory; procedure established by the Criminal − to involve convicts into socially useful Procedure Code of Ukraine. Such facilities work with regard to their health, operate in locations of the state border general development and professional guard authorities (border guard units, level; special checkpoint “Kyiv”). − to provide convicts with proper health Special premises are arranged at the care; units directly involved in protection of − to perform operational and detective the state border (border control units) activities in accordance with the and are designated for temporary legislation. custody of offenders apprehended under administrative law. ANNEX 1 201

STATE MIGRATION SERVICE OF designated for treatment of ill military UKRAINE personnel who were convicted, detained or apprehended. Temporary accommodation centers for Military units are organizationally foreigners and stateless persons are independent combat, training and state institutions designated for temporary administrative units of the Armed Forces of custody of foreigners and stateless persons Ukraine where citizens of Ukraine undergo who are illegally staying in Ukraine and are military conscription. subject to forced expulsion. STATE COURT ADMINISTRATION THE MINISTRY OF DEFENSE OF OF UKRAINE UKRAINE Facilities for defendants/convicted Disciplinary battalion is custodial facility persons in courts are cells (rooms) for military personnel sentenced to equipped at appellate and local courts detention at such battalion. of general justice for the purposes of Guardhouses are places of preliminary temporary custody of the defendants/ detention of the military personnel and convicts during their stay at premises execution of criminal punishments by (buildings) of appellate and local courts arrest. for participation in court hearings or familiarization their case files. Such institutions hold the military personnel who: MINISTRY OF EDUCATION AND • are serving arrest sentences; SCIENCE • are detained pending court decision; • are restrained by detention during Children’s home is an educational reserve training (including persons institution for development, upbringing, subject to military draft); education and social adaptation of orphans and children without parental care, of • are referred to the disciplinary unit preschool and school age. upon conviction; • apprehended for violation of General education boarding schools military discipline in the state of for orphans and children deprived intoxication (until sobering) or without of parental care are institutions for identification documents (untilupbringing, education and social identification). adaptation of orphans and children deprived of parental care. Rooms for temporarily detained military personnel are equipped in the buildings General education specialized boarding (premises) of the command bodies of the schools for orphans and children Military Policing Service of the Armed deprived of parental care are institutions Forces of Ukraine that are not equipped for orphans and children deprived of with guardhouses. parental care who require correction of physical and/ or mental development. Special wards at medical institutions of the Armed Forces of Ukraine are wards General education boarding school is a 202 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

secondary educational institution of I-II, Vocational training school of social I-III tiers that ensure the right to secondary rehabilitation is a state vocational training education to the children in need of social institution under the MES for children in assistance. need of special conditions of upbringing. General education health care boarding A specific condition for the school is the schools are secondary schools of I-II, I-III same gender of its residents, the number tiers with relevant medical profile that of which may not exceed 200. grant the right to secondary education to The main task of the school is protection of the children in need of lengthy treatment the rights of children who require special and rehabilitation. upbringing conditions to vocational Special general education boarding school training, mastering working occupations is a secondary school that provides a certain and specializations, and qualifications level of education, vocational guidance according to their interests, abilities and and training, correction and development state of health. Specifics of pedagogical activities for children in need of correction regime and the conditions of upbringing of physical and/ or mental development, and custody of students (residents) are and full accommodation and services at determined by special daily routines, and the expense of the state. the system of education and upbringing, continuous oversight and pedagogical General education schools are public control, and exclusion of free exit without educational institutions under the MES for administration’s permission and competent children in need of special conditions of officials, in accordance with the procedure upbringing. Such schools admit children established by the MES. (residents) who are referred by courts for socially dangerous offenses committed at Centers for education and rehabilitation the age from 11 to 14. Children (residents) are general education institutions the are held at the schools’ custody within purpose of which is to enable children the term established by court but no with special educational needs caused more than three years. The schools create by severe development deficiencies to proper conditions for living, education exercise their right to education, and and upbringing of students (residents), to integrate them into society through raising their educational and cultural comprehensive rehabilitation measures level, developing individual abilities and aimed at restoration of health, attainment inclinations, providing necessary health of a proper level of education, development care, social rehabilitation, legal awareness and correction of deficiencies. and social protection, on the basis of a Such centers admit children in adversity, continuous pedagogical regime. Specifics or referred by childcare homes, or without of pedagogical regime and conditions of family care, or victims of child abuse in upbringing and custody are determined need of social and psychological assistance by special daily regime and educational system, continuous oversight and Ministry of Social Policy: pedagogical control, and restrictions on Residence for elderly citizens and citizens leaving the territory without competent with disabilities, geriatric residence and officials in accordance with the procedures residence for war and labor veterans is a established by the MES. ANNEX 1 203 general inpatient social and health care at state expense, people with psychiatric institution for permanent accommodation disorders of retirement age and people of the elderly, people with disabilities, and with disabilities of the first and second war and labor veterans who require third- categories with mental disorders over 18 party care, livelihood and medical support. years of age who require continuous third- party care, livelihood and medical support, The residence admits, for accommodation have no medical contraindications at state expense, the elderly of retirement regarding accommodation at a residence age and people with disabilities of the first in accordance with indications and and second categories over 18 years old contraindication for admission to who require third-party care, livelihood residential facilities, regardless of whether and medical support, have no medical there are parents or relatives obliged to contraindications confirmed by medical take care of them under the law. conclusion regarding accommodation at a residence and have no able-bodied Childcare residence is a social and health relatives obliged to take care of them under care facility for permanent accommodation the law. of children from 4 to 18 years of age (with establishment, if necessary, of a structural Special residence is a social and medical youth unit within the childcare residence facility for permanent accommodation for those aged from 18 to 35) with physical of the released elderly and people with or mental disabilities or psychiatric disabilities of the first and second categories disorders in need of third-party care, who require third-party care, livelihood and livelihood and medical support, education medical support and rehabilitation services and rehabilitation services. Such homes due to their health condition. function as structural subdivisions of the Such residence admits, free of charge, the above-described residences. elderly and people with disabilities of I-II In-patient unit for permanent or categories over 18 years old who were temporary accommodation at the released from other custodial settings, territorial center is established for no less requiring third-party care, livelihood and than 10 and no more than 50 single persons medical support and have no able-bodied (limitations for number of residents at the children or other relatives obliged to take inpatient unit enters into force on January care of them under the law. 1, 2015). The unit provides permanent or The residence may also admit, on a fee temporary accommodation fully covered basis, individuals who have able-bodied by the state for single elderly persons, children or other relatives obliged to take persons with disabilities (over 18 years of care of them under the law. age), persons with illnesses (of working age for the period of assignment of disability Neuropsychiatric residence is an category for no more than 4 months) if inpatient social and health care facility for such persons, according to the opinion permanent accommodation of persons of a medical commission of a health care with neuropsychiatric disorders who institution, are unable to take care of require third-party care, livelihood and themselves and require third-party care medical support. and assistance, as well as social, livelihood, Such residence admits, for accommodation medical and other services. 204 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:

Shelter for children is a social protection Children’s home– is a specialized institution established for temporary municipal healthcare institution for medical accommodation of children aged from 3 to and social protection of orphans, children 18. without parental care, as well as children with physical and mental disabilities. The shelter accommodates children who got lost, were abandoned by parents or Categories of children’s homes: caregivers, or those beggaring when the 1. general children’s home – for medical parents’ whereabouts are unknown, left and social protection of healthy without parental or foster care or guardians orphaned children (I-II health groups), (caregivers), or those who left their family children without parental care from or educational institution, or those taken by birth to three years of age. In addition, the police unit for the matters of children the home may accommodate from families where conditions posed a children with families where care threat to their life and health, or those who and upbringing by the family is not lost contact with parents during natural possible for compelling reasons disasters, industrial accidents, catastrophes (illness of a caregiver, lengthy business or other emergencies, or those with travel, study etc.), as well as children no permanent residence and means of with arrested physical or mental sustenance, or foundlings, or homeless development; children, or those who on their own requested help from the administration of 2. specialized children’s home - for an institution, or those who contacted the medical and social protection of shelter administration, as well as those who orphaned children, children without had served their custodial sentence. parental care, children with disorders of physical and mental development Center for social and psychological (III-V health groups) aged from birth to rehabilitation of children of the Children four years old, as well as with: Service is a social protection institution for long-term (stationary) or day care of • organic damage to nervous system; children in adversity aged from 3 to 18 • malfunctions of nervous system and years that provides social, psychological, psychiatric disorders; educational, medical, legal and other • organic damage to the central nervous assistance. system, including infantile cerebral The center accommodates children in palsy with no psychiatric disorders; adverse circumstances, or those transferred • malfunction of locomotor system and from shelters for children, or left without other physical development disorder familial environment, or victims of violence with no psychiatric disorders; and in need of social and psychological • hearing and speech impairments support. • speech impairments; MINISTRY OF HEALTH: • visual impairments (blind, low-vision); • infected with tuberculosis, patients Psychiatric institution – a specialized with mild and declining forms of healthcare institution with functions tuberculosis, with HIV infection. related to provision of psychiatric care. ANNEX 2 205 - - Audience Scholars, NGO, experts social in NGO, Scholars, monitors Public services the of DepartmentStaff for Imple of the NPM mentation of the Staff Departmentfor Im - rep of the NPM, plementation of the Office of the resentatives MinMOH, General, - Prosecutor istry MES, Ministry of Justice, of Penitentiary State SocialPolicy, Service, Committee Parliamentary psychiatry expertson Health Care, NGO Ukrainefrom and Germany, - - Event International Scientific and Prac Scientific International and tical “Interdisciplinary Conference - Psycholog Work: Issues in Social - As and Legal Sociological, ical, pects” of pro “Increasing the standard placed tectionchildren of rights of facilities in and care in isolation Ukraine” - of implementa “State Roundtable en - for standards European of tion suring the rights of persons with disorders” psychiatric - Organizer Taras Shevchenko Kyiv National National Kyiv Shevchenko Taras University Hu - for HelsinkiThe Foundation man Rights with the support of - the International Solidarity Foun Ministrythe of dation Foreign of Poland of the Republic of Affairs of the UkrainianSecretariat Par Human for Commissioner liament Ukrainian Insti Rights, Research - - Psychi of Social tute and Forensic atrythe MoH of Abuse and Drug of Ukraine (Poland) Location Date 28.02.2014 Kyiv 26.06.2014 Kyiv 18-23.05. 2014 Lublin Warsaw, ANNEX 2 ANNEX ACTIVITIES EDUCATIONAL AND AWARENESS-RAISING 206 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: - - - - - Staff of the Secretariat of the of the Staff Secretariat - Commis Ukrainian Parliament rep Human Rights, sioner for resentatives of the State Court of the State resentatives Pros - Office of the Administration, Ministry General, ecutor of Health of Ukraine, Ministry of of Defense Ukraine Ministry of Internal Affairs Ser Migration of Ukraine, State Service, Penitentiary State vice, of the MilitaryMain Directorate Service Policing of the Armed of Ukraine, Main Depart Forces of the Se of Investigations ment curity Service of Ukraine, Depart secondary of general ment and primary Department education, Securityof Border of the State Service, Guard MinistryBorder of of UkraineJustice Office of the of Representatives MOH of General, the Prosecutor Ukraine, Ministry of of Justice - of Psychia Ukraine, Association Penitentiary trists of Ukraine, State Service, of the the Commissioner Children’s of Ukraine for President Higher CourtRights, Specialized Criminal and Civil Ukraineof for Cases Session of the Inter-agency on the Reportworking group by - Commis Ukrainian Parliament “Mon - Human Rights sioner for settings in of custodial itoring Ukraine: of implementation Status Mecha - Preventive of the National nism” Roundtable “Use of state coercion coercion of state “Use Roundtable with psychiatric juveniles towards disorders” and behavioral - - Secretariat of the UkrainianSecretariat Par Human for Commissioner liament Rights Secreatariat of the UkrainianSecreatariat Par Human for Commissioner liament Rights July 2014 Kyiv 23.06. 2014 Kyiv ANNEX 2 207 - - - Staff of the Public Safety Public DepartSafety the of Staff of the MIA Ukraine ment from regions and central western Staff of the Staff Departmentfor Im - of the of the NPM plementation - Commis Ukrainian Parliament Human Rights; Public sioner for of detention of places monitors of the Staff Departmentfor Im - of the of the NPM plementation - Commis Ukrainian Parliament Human Rights; Public sioner for of detention of places monitors the of DepartmentStaff for Imple of the NPM mentation Office of the of Representatives the MOH, General, the Prosecutor Ministry MES, Ministry of Justice, Penitentiary State of Social Policy, Service, Committee Parliamentary psychiatry ex on Health Care, perts, NGO - - - - Training for MIA officials “Stan - MIA officials for Training the for and safeguards dards persons rights of apprehended in the view obligations and police activities” of NPM 3-day working meeting with pub of detention of places lic monitors 3-day working meeting with pub of detention of places lic monitors ap to “Issues related Roundtable towards restraint plying physical disor persons with psychiatric to ders” - - - OSCE Project Co-ordinator in OSCE Project Ukraine, - Commis Ukrainian Parliament Kharkiv Human Rights, sioner for Social Research Institute for Secretariat of the UkrainianSecretariat Par liament Commissioner for Human for Commissioner liament Rights “Kharkiv Insti - Organization Public with the Social Research” for tute support Co-ordi - of OSCE Project in Ukrainenator Human for Commissioner liament Rights “Kharkiv Insti - Organization Public with the Social Research” for tute support Co-ordi - of OSCE Project in Ukrainenator of the UkrainianSecretariat Par Human for Commissioner liament Ukrainian Insti Rights, Research - - Psychi of Social tute and Forensic atrythe MoH of Abuse and Drug of Ukraine Secretariat of the UkrainianSecretariat Par 15.09.14 Lviv 24.09.2014 Kyiv 19-21.09 2014 Lviv 16-18.09. 2014 Lviv 208 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: - - - Staff of the Staff Departmentfor Im - repre of the NPM, plementation of the MES, MOH, Min - sentatives istry Ministry of Defense, of Social Service, Penitentiary State Policy, Service. Guard Border State the of DepartmentStaff for Imple personnel of the NPM, mentation tempo of the special facility for rary (THF) custody of the SSU in Kyiv of the of the Staff Secretariat - Commis Ukrainian Parliament Ministry Human Rights, sioner for of Ukraine, Ukrainian of Finance the before Agent Government Court of Human Rights, European Ministry of Ukraine, of Justice Service, Penitentiary State State MinistryCourt Administration, Departmentof Infrastructure, of the MIA and Safety of Public of the Main Directorate Convoy Guard of the National Directorate of Ukraine - Inter-agency meeting on the state of observance of rights persons of penitentiaryin custody facili - of institutions of the systems ties, and social protection health care on the territory of conduct of the operation anti-terrorist “Specifics of Implemen - Lecture Preventive of the National tation MechanismOmbudsman+ the in Format” Meeting of an inter-agency work of on the protection ing group of convicted rights and freedoms and detained persons taking part in court hearings - - - Secretariat of the UkrainianSecretariat Par Human for Commissioner liament Rights of the UkrainianSecretariat Par Human for Commissioner liament Rights of the UkrainianSecretariat Par Human for Commissioner liament Rights 30.09.2014 Kyiv 01.10.2014 Kyiv 24.10.2014 Kyiv SECTION 5. 209 - Representatives of the Helsin - the of Representatives human Rights for ki Foundation of Secretariat Poland), (Warsaw, - Commis Ukrainianthe Parliament - Associ Human Rights, sioner for of Ukrainianation Human Rights Enforcement, Monitors on Law RightsHuman Center, Information Kharkiv Human Rights Protection Group of the Staff Departmentfor Im - of the of the NPM plementation - Commis Ukrainian Parliament Human Rights sioner for Center Coordination of the Staff De and the NPM Aid Legal for Hu - partment,Roman Romanov, man RightsProgram and Justice International Director, Initiative Vasylyna Renaissance Foundation, Human Rights Yavorska, and Jus - Initiative Program tice Manager, - Foun International Renaissance dation Training “Custodial settings for for settings “Custodial Training of the in the framework children” “Understanding program Human of the Helsinki Foundation Rights” Human Rights for “Monitoring Training observance chil - of residents of the rights of of pal - homes and patients dren’s institutions” care liative - meeting with the Coordi Working - “Possi Aid Legal for Center nation between Streams Cooperation ble and the Center the Coordination Office in the field Ombudsman’s of rights protection” - - - Secreatariat of the UkrainianSecreatariat Par Secreatariat of the UkrainianSecreatariat Par Human for Commissioner liament for Helsinki Rights, Foundation Human Rights with the support of - the International Solidarity Foun Ministrythe of dation Foreign of Poland of the Republic of Affairs Human for Commissioner liament Rights of the UkrainianSecreatariat Par Human for Commissioner liament Rights, - Foun International Renaissance dation 7.11. 2014 Kyiv 12.11.2014 Kyiv 5-6.11. 2014. Kyiv 210 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: - - , central executive au - executive , central - Eu ten from representatives NPM representatives countries, ropean of the Ukrainianof the Secretariat Hu - for Commissioner Parliament man Rights to thorities with functions related of ensuringfreedoms rights and expertspersons in detention, of - and nongovernmen international tal organizations ment for Implementation of the for ment of the Ukrainian NPM Parliament Rights, Human for Commissioner of the Association representatives of plac monitors of independent es of detention of the Staff Departmentfor Im - of the of the NPM plementation - Commis Ukrainian Parliament Human Rights sioner for Representatives of the DepartRepresentatives Staff of the Staff Departmentfor Im - of the of the NPM plementation - Commis Ukrainian Parliament Human Rights sioner for of the Staff Departmentfor Im - of the of the NPM plementation - Commis Ukrainian Parliament Human Rights sioner for - - - International “Fifth Conference Confer NPM European Eastern ence” Roundtable “Observance of juve “Observance Roundtable rights in correctional facili - niles’ Ser Penitentiary ties of the State of Ukraine”. vice Annual meeting of the National meeting of the National Annual Mechanism monitors Preventive 5-day study visit for exchange of exchange 5-day study visit for of in implementation experience mecha - preventive the national nism “Key human rights Roundtable issues in the penitentiary system in Ukraine of legal in the context and discussion of rec- framework” amendments for ommendations legislation of criminal executive Rights Monitors on Law Enforce- Rights Monitors on Law with the financial supportment Pro- the UN Development from in Ukrainegram liament Commissioner for Human for Commissioner liament Rights Association of UkrainianAssociation Human Enforce- Rights Monitors on Law with the supportment the from Foun- International Renaissance dation Office of the Ombudsman Republic of Serbia, and the CoE “The package of urgent Project Ukraine” for measures sioner for Human Rights sioner for Serbia village trict, Hlibovka 26.12.2014 Kyiv Commis- Ukrainian Parliament 16.12. 2014 Kyiv of the Ukrainian Secretariat Par- 4-5.12.2014 dis- Vyshhorod 13-14.11. 2014 Lviv of Ukrainian Association Human 21-25.12. 2014 Republic of