CAT/OP/UKR/1
B.
Pre-trial detention facilities (SIZOs)
1.
Conditions of detention
(a)
Overcrowding
97.
The SPT observed high levels of overcrowding in many SIZO cells, posing serious
health and hygiene concerns. For example, in one SIZO, 34 people were being held in a cell
measuring 6.5 x 5 metres, with only 26 beds available. At the same time some detainees
were held in superior cells with much better material conditions and less overcrowding, for
which no satisfactory explanation could be given.
98.
The SPT reiterates its recommendations made under Section III.D above that
the use and length of pre-trial detention in Ukraine be reduced, and in addition
recommends that the State party take urgent steps to reduce overcrowding in the
SIZOs. A sufficient number of beds should be provided in accordance with
international standards.47 Differences of treatment are only acceptable if based on
formal objective criteria, and should be recorded in a transparent manner in the
registers.
(b)
Material conditions
99.
The SPT considers the general material conditions of the SIZOs to be inadequate as
regards minimum floor space per detainee, lighting, heating and ventilation. 48 The general
levels of hygiene, access to clean water, and the conditions of toilet facilities (including the
lack of privacy when using the toilet) in the SIZOs gave rise to equal concern.
100. Interviewees further indicated that they were not provided with toiletries necessary
for personal health and cleanliness and had to rely on their families or the charity of other
detainees for such essentials, and that a weekly shower was not guaranteed.
101. The SPT recommends that the State party prioritize the improvement of
general hygiene, access to water and sanitation, and access to personal hygiene articles
in SIZOs, in accordance with international standards. 49
102. In addition, the Ukrainian authorities should conduct a nation-wide audit into
the material conditions of SIZOs, with the aim of planning other progressive material
improvements, in particular with regard to minimum floor space, lighting, heating
and ventilation.
(c)
Regime and activities
103. The SPT was concerned by the very strict regime in SIZOs, especially in light of the
length of pre-trial detention. Although all detainees were meant to have one hour daily
exercise outside of their cells, the SPT heard from many detainees that this was not always
so. In addition, the exercise yards were often small, dilapidated and bare. Some, but not all,
were equipped with rudimentary exercise bars or benches. Many were covered in such a
way that there was no view of the sky, yet somehow contrived to let in the elements. The
SPT was equally concerned by the general lack of meaningful activities for detainees held
in SIZOs.
104. The SPT recommends that the Ukrainian authorities ensure that the SIZOs
respect the right of all detainees to have to a minimum of one hour daily exercise. 50
47
48
49
50
18
Standard Minimum Rules, Rule 19; and European Prison Rules, Rule 21.
Standard Minimum Rules, Rules 10 and 11.
Standard Minimum Rules, Rules 12 and 13.
Standard Minimum Rules, Rule 21.
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