SECRETARIAT GENERAL SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRETARIAT DU COMITE DES MINISTRES Contact: Clare OVEY Tel: 03 88 41 36 45 Date: 12/01/2018 DH-DD(2018)32 Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. Meeting: 1310th meeting (March 2018) (DH) Item reference: Action plan (09/01/2018) Communication from Ukraine concerning the case of NEVMERZHITSKY v. Ukraine (Application No. 54825/00) * * * * * * * * * * * Les documents distribués à la demande d’un/e Représentant/e le sont sous la seule responsabilité dudit/de ladite Représentant/e, sans préjuger de la position juridique ou politique du Comité des Ministres. Réunion : 1310e réunion (mars 2018) (DH) Référence du point : Plan d’action Communication de l’Ukraine concernant l’affaire NEVMERZHITSKY c. Ukraine (requête n° 54825/00) (anglais uniquement) DH-DD(2018)32 : Communication from Ukraine. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. DGI 09 JAN. 2018 Annex to the letter of the Agent of Ukraine SERVICE DE L’EXECUTION before the European Court of Human Rights DES ARRETS DE LA CEDH of 05 January 2018 no. 190/5.2.1/ін-18 Updated Action plan on measures to be taken for implementation of the European Court’s judgments in the cases of Nevmerzhitsky group v. Ukraine (application no. 54825/00, judgment of 05/04/2005, final on 12/10/2005); Yakovenko group (Application No. 15825/06); Logvinenko group (Application No. 13448/07); Isayev group (Application No. 28827/02); Melnik group (Application No. 72286/01) CASE SUMMARY These cases concern mainly violations of Article 3 caused by the applicants’ inadequate conditions of detention in police holding establishments (“ITT”), pre-trial detention centres (“SIZO”) and penitentiary establishments. Some of the cases address particular forms of ill-treatment related to unacceptable conditions of detainees’ transportation, lack of adequate or timely medical care in detention; force-feeding; shackling during hospitalisation and placement in a metal cage during court hearings. The Court also found violations of Article 13 read in conjunction with Article 3 due to the lack of effective remedies. The Court also found other violations in some cases, such as lack of investigation into allegations of ill-treatment by police (Article 3); unlawful detention pending extradition proceedings (Article 5§§1, 4 and 5); unlawful and/or excessively long detention on remand (Article 5§§1 and 3) lack of effective judicial review of the lawfulness of the applicants’ detention (Article 5§4); lack of compensation for unlawful detention (Article 5§5); excessive length of criminal proceedings (Article 6§1); lack of legal representation during the initial stage of the investigation (Article 6§3); the applicant’s questioning in absence of a lawyer (Article 6§§ 1 and 3); refusal of the authorities to place the applicant in a prison closer to his home (Article 8); monitoring of detainees correspondence by prison authorities (Article 8); restrictions of family visits (Article 8); monitoring of correspondence with the Court and delay caused by the authorities in lodging a complaint with the Court (Article 34); the authorities' failure to furnish all necessary facilities to the Court due to the absence of comments on particular questions or of relevant documents and medical reports (Article 38§1(a)). INDIVIDUAL MEASURES As to the applicants’ individual situations 1) The Government would like to inform that according to updated information the applicant in the case of “Zakshevskiy v. Ukraine” is held at the Donetsk Prison No. 124. 1 DH-DD(2018)32 : Communication from Ukraine. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. Please be advised that Order of the Cabinet of Ministers of Ukraine No. 1085-р dated 7 November 2014 (as amended) provides for the following list of inhabited localities in Donetsk and Luhansk Regions where the authorities do not temporarily exercise their powers. The City of Donetsk, where the aforementioned prison is located, has been included into the aforesaid list. Penitentiary institutions and pre-trial detention facilities that are in Donetsk and Luhansk Regions within the territories that are temporarily beyond the Ukrainian authorities’ control have ceased to contact with sub-divisions of the State Penitentiary Service of Ukraine since 1 December 2014. With regard to the foregoing, as of today it is impossible to provide any information concerning the aforesaid institution. 2) As to the applicant Litvina Osanna Grantovna in the case of “Malchenko and others v. Ukraine” the Government would like to inform that on 24 October 2016 the Prymorskyi District Court of Odesa ruled to change the preventive measure imposed to the applicant from detention on remand to written undertaking not to abscond. Therefore, the applicant was released in the court room. No additional information is available. GENERAL MEASURES As to the SPSU’s reform The Government of Ukraine further continues working on legislative and institutional reorganisation of the State Penitentiary Service of Ukraine (hereinafter “SPSU”). This process is not simple, because it both requires significant financial (material and logistical) support and combines the work of multiple authorities (inter alia, the Police, the Prosecutor’s Office, and the Ministry of Justice). Moreover, the SPSU is being reorganised in such a way that the prison policy meets the Council of Europe's Committee’s for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (“CPT”) standards. Subsequent to its last visit to Ukraine in October 2016, the CPT noted current legislative and organisational reforms of the penitentiary system, in particular, the decrease of the quantity of detained persons. In comparison to the results of previous visits, the situation has significantly improved in two prisons: Oleksiivka Prison No. 25 and Temnivska Prison No. 100 (particularly, in terms of reduction of overcrowding in cells). The CPT paid attention to the situation in prison No. 100. In comparison to 2014, the quantity of detained persons has significantly decreased due the relocation of certain quantity of inmates to other penitentiary institutions situated near their homes; also, it was noted that ill-treatment of inmates by pre-trial detention officers has reduced. According to the penitentiary reform description, one of the operative goals is the observance of human rights via creation of treatment and detention conditions according to the international standards. The tasks of the medical support that meets the domestic and international standards are as follows: 2 DH-DD(2018)32 : Communication from Ukraine. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. - regulation of the right to health care according to the international standards; - introduction of a patient friendly health care system; - establishment of a independent medical vertical integrated into the national health care system; - improvement of material technical resources and creation of proper conditions for effective functioning of the medical treatment system; - securing of medical staff compliance with the national, professional and qualification requirements; - introduction of the system of preventive medicine and combating socially dangerous diseases. In compliance with Order of the Cabinet of Ministers of Ukraine “On the Establishment of the State Institution “Health Care Centre of the State Penitentiary Service of Ukraine” No. 684-р dated 13 September 2017 and within the framework of the health care reform in the SPS of Ukraine, by virtue of Order of the Ministry of Justice of Ukraine No. 3394/5 dated 2 February, the State Institution “Health Care Centre of the State Penitentiary Service of Ukraine” was established and Regulations on the SI “Health Care Centre of the State Penitentiary Service of Ukraine” were approved. Thus, medical staff will be put out of the prison governors’ supervision, a separate subordination vertical will be established and medical staff will be demilitarised. Health care in institutions of the SPS of Ukraine are currently represented by: - medical units in 108 penitentiary institutions; - paramedical stations in 4 penitentiary institutions; - 10 multi-field hospitals, including 1 mental hospital; - 8 tuberculosis hospitals; As of 1 November, the medical staff size of the SPS of Ukraine was 2,559 positions, and 2,051.5 of them were actually occupied (80 per cent staffing level). As of today, a personnel schedule for the SI “Health Care Centre of the State Penitentiary Service of Ukraine” is currently being formed. With a view to the improvement of the statutory regulation regarding organisation of medical care to convicted persons and detainees and bringing them in line with the international recommendations, by virtue of joint order of the Ministry of Justice and the Ministry of Healthcare of Ukraine “On the Approval of Amendments to Certain Regulations” No. 1517/5/503