the treatment of prisoners by prison staf
– or by fellow inmates at the instigation
of staf – at Correctional Colony No. 81
in Stryzhavka. During its previous visit to
this establishment in December 2012, the
CPT had found that the ill-treatment of
inmates was common practice. However,
the delegation did come across a few
instances of alleged ill-treatment of
inmates by staf and/or other prisoners in that colony and in some pre-trial
establishments (SIZOs) visited.
The situation observed at Prison No. 3
in Krivyi Rih was of grave concern. The
delegation heard numerous allegations
and gathered other evidence that the
establishment’s staf used a group of
inmates to physically ill-treat other prisoners. The purpose of this ill-treatment
was apparently not only to maintain strict
order and discipline, but also to obtain
from the inmates concerned confessions to (additional) crimes they were
suspected of having committed before
imprisonment. This led the Committee
to conclude that changes in the manner
in which prisoners are treated should
remain one of the highest priorities for
the Ukrainian prosecuting and prison
authorities.
As regards the long-standing issue of
overcrowding in SIZOs, a major decrease
in the number of inmates was observed,
mostly as a result of the entry into force of
the new Code of Criminal Procedure and
a wider use of alternatives to imprisonment. However, localised overcrowding seen in all the SIZOs visited was a
clear reminder that additional eforts
should be pursued in this area. Further,
the Committee noted that no decisive
action had been taken to upgrade material conditions in most of the SIZOs visited
or to introduce programmes of out-of-cell
activities for adult remand prisoners. In
the CPT’s view, the cumulative efect of
General Report of the CPT, 2013-2014 ► Page 46
these conditions and restrictions could
well be considered, for many remand
prisoners, as a form of inhuman and
degrading treatment. In its report, the
Committee makes a series of recommendations to address this issue.
The situation of male prisoners facing/
sentenced to life imprisonment, which
was the subject of severe criticism in the
past, remained basically unchanged. The
CPT calls upon the Ukrainian authorities to review once more the legislation
and practice as regards this category
of inmate, in the light of its previous
recommendations.
94. When setting in motion, in
March 2013, the procedure under Article
10, paragraph 2, of the Convention establishing the CPT, the Committee formed
the hope that the Ukrainian authorities
would do their utmost to stamp out any
practices involving possible intimidation or retaliatory action against persons deprived of their liberty prior to,
during and after visits to penitentiary
and other establishments. In the light of
the information at its disposal, the CPT
was not convinced that all the necessary
steps had been taken by the authorities
to stamp out – once and for all – such
practices.
Consequently, the Committee decided to
keep open the procedure. In its report,
the CPT urges the Ukrainian authorities to
take further action, notably by reviewing
the manner in which inquiries into these
practices are carried out. Further, the
authorities should consider making any
type of sanction, intimidation or reprisal
against any person deprived of his or her
liberty for seeking to communicate or
having communicated with the CPT (or
any other body active in preventing and
combating torture and other forms of
ill-treatment) a specifc criminal ofence.
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