CAT/OP/UKR/1
The lack of meaningful activities like work, training and education should be
remedied, and sports activities made possible.
(d)
Contact with the outside world
105. The SPT understands that in accordance with national legislation, persons under
investigation could not receive visits from family members unless these were approved by
the investigator or court to which their case was assigned. As a result, the majority of
persons detained in SIZOs, who are often held in pre-trial detention for lengthy periods of
time, did not receive visits (or were compelled to designate family members as their civil
advocates). The SPT is concerned by such a strict regime for visits, and notes that the
method of approving visits may lead to an abuse of power.
106. The SPT recommends that the rules be revised in order to allow regular family
visits to all persons held in pre-trial detention, in accordance with international
standards.51 Decisions to restrict family visits should be justified on the basis of
transparent criteria, limited in time and subject to regular review.
(e)
Discipline and sanction
107. The conditions of the disciplinary cells in all SIZOs visited were inhumane. They
were bare, small, very dark, poorly ventilated, and humid, with appalling hygiene and
completely inadequate toilet facilities and bedding. In addition, the regime for persons held
in SIZOs subject to life sentences was essentially the same as being kept in the disciplinary
cells for the entire duration of the detention.
108. The SPT considers that such disciplinary detention amounts to ill-treatment,
and could in some circumstances be used in a fashion which amounts to a form of
torture. The conditions of detention and regime in the disciplinary cells in SIZOs
should be revised as a matter of priority, with a view to making conditions of
detention during disciplinary measures more humane, and in line with international
standards.52 Furthermore, persons appealing life sentences and being held in SIZOs
during that time should not be kept in conditions equivalent to a permanent
disciplinary regime.
2.
Torture and ill-treatment
109. The SPT considers that the situations of concern outlined in the preceding section
(“Conditions of detention”) may amount to the ill-treatment of persons detained for
prolonged periods of time in the SIZOs, and could in some circumstances amount to a form
of torture.
110. The SPT therefore recommends that the State party take urgent steps to
remedy the situations of concern described above, in order to fulfil its international
human rights obligations regarding the prevention of torture and ill-treatment.
51
52
European Prison Rules, Rule 99.
Standard Minimum Rules, Rule 31.
19
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