Use of physical violence and threats to life by the
administration;
Violation of the right to legal aid.
Convicted and detained persons are practically not aware of their rights and
duties, and facility administrations ignore provision of such information. The said
facts are confirmed by a large number of petitions (816) to the Commissioner for
Human Rights asking for clarification on implementation of the Law of Ukraine “On
Amnesty in 2014”, as well as requirements of the criminal executive legislation in
relation to conditional release from punishment, transfer to other penitentiary facility
closer to the place of residence, obtainment of a passport, restoration of the rights to
freedom of belief and religion. At the same time, in most cases response to these
petitions is insufficient and has low efficiency:
Petitions are sent to the authorities, actions of which are subject to complaint;
Inspections are superficial since their staff does not review in detail actions of
the administration and keep neutral and loyal position;
Internal investigations into alleged illegal actions by certain officials are
superficial or not held at all;
There are only formal responses or referrals to other state authorities with
justification that the matters are outside of their scope of competence.
There is a need to solve the issue related to adherence with Article 113 of the
Criminal Procedure Code of Ukraine, as there are numerous complaints from convicted
persons about the lack of possibility to challenge actions of the administration. In
practice, inmates can only submit an oral complaint to the officer on duty. In case of a
written closed application the inmate can be called to the administration with opening
of the envelope and reading of the contents, and even tearing the letter and throwing it
away. Later, a conflict is provoked through the “activists” with the inmate and
disciplinary sanctions applied, including placement into the disciplinary isolation cell
or transfer to the enhanced supervision unit.
The low performance of the administrations in relation to clarification of
rights deserves particular attention. The leaflets “Rights and duties” are not adequate
and contained limited information on exercise of rights.
Information boards are not kept well. There are virtually no updates, and the
information is outdated. The boards “Legal corner” contain no information on the
rights of inmates. In addition, most departments have no information on prevention of
socially dangerous diseases.
In addition, interviews with inmates revealed that a large number of question on
amnesty, phone calls, parcels, or visits. The inmates are not aware of their rights and
duties, and the administration ignores providing such information. In certain cases,
officials respond, “There are things I read out, and there are things I will not mention”,
or “Nothing is allowed”. As a result, in June 2014, convicted persons at the disciplinary
isolation unit at Berezan correctional colony (#95) went on a hunger strike to receive
clarification of the latest legislative changes on receiving parcels. The inmates were
forced to take this action since the administration fulfills the request in such case.
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