CAT/OP/UKR/1
125. The SPT recommends that the State party take practical steps to guarantee the
right of inmates to submit petitions or appeals regarding their treatment, including
disciplinary measures, without fear of reprisals, to an independent authority with
appropriate remedial powers, as a basic safeguard against torture and ill-treatment.
126. The SPT noted with serious concern that in some prison colonies a “cage” – a small
cell with bars – was allegedly used as a punishment cell. This space was not equipped with
sanitary facilities and several inmates stated that they were exposed to cold temperatures
there. Such placement was not recorded nor authorized by the rules, and prison staff denied
the existence of such a facility.
127. The SPT considers that the punishment of inmates by their placement in “cage”
cells amount to ill-treatment. This practice should cease immediately, be subject to
investigation and the responsible officers held accountable.
2.
Torture and ill-treatment
(a)
Situation of persons serving a life sentence
128. Conditions observed by the SPT in the sectors for prisoners serving life sentences in
Yenakievo prison No. 52 and Sokal prison No. 47 amounted to ill-treatment. The SPT
noted the absence or poor quality of water, the poor state of sanitary facilities, inadequate
lighting and ventilation, and unavailability of personal hygiene items.
129. The right to take part in meaningful cultural, sports or educational activities were
granted only after serving 15 years. Some interviewees complained that they spent less than
an hour daily out of their cells and that, sometimes, they could only walk handcuffed.
130. The SPT observed with concern that retired and disabled inmates serving life
sentence were de facto deprived of work opportunities, and since they also did not receive
payment of pensions during the whole period of their sentence, they were often
impoverished.
131. Security and visiting regimes applied to persons serving a life sentence were much
stricter than those applied to other prisoners, and were in general equivalent to a permanent
disciplinary regime. There was an automatic assumption on the part of prison staff that all
life prisoners were extremely dangerous. Consequently, security measures were
exceedingly restrictive, even for the elderly and frail. Persons serving a life sentence were
entitled to a four-hour long visit only once every 3 months. These visits took place under
the close supervision of prison staff and did not allow for any privacy.
132. The SPT considers that the conditions of detention and prison regime applied
to persons serving a life sentence constitute ill-treatment. In accordance with
international standards,55 the SPT calls upon the State party to take all necessary
steps to:
(a)
Improve material conditions for life prisoners, including running water,
provisions of drinking water, toilets and sanitary conditions;
(b)
Remedy the lack of activities for life prisoners, including sports and
income-generating activities;
(c)
Ensure that inmates are treated on an equal basis and without
discrimination, including that visiting rules for persons serving a life sentence be
harmonized with those applicable to other groups of inmates;
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Including the Standard Minimum Rules, the United Nations Recommendations on Life Imprisonment,
and the European Prison Rules.
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