Inspection of the issue of piece rate pay established that during long period a
symbolic salary was provided, which is degrading in relation to the workers and
constitutes slave labor. The enterprise of Berdychiv correctional colony (#70)
established the salary of O.O. Hrytsenko in July 2014 in the sum of 6 UAH, and only
1.5 UAH was transferred to his personal account (25% of total salary).
There is an issue of insufficient funding of the work of service staff prisoners by
the State Penitentiary Service. Importantly, these expenses are provided under the
“Salaries” line of the state budget (KEKV 2111) along with remunerations for
contracted workers. In practice, the salary of these inmates was paid less than in half
(in some facilities – a quarter) of the legally established minimum despite the fact that
majority of these prisoners had been working at least 8 hours per day (including
weekends and holidays) due to uninterrupted technological cycle of the functioning of
these facilities (cafeteria, interregional hospitals, steam-rooms etc.). Their work on
weekends and holidays was not remunerated at all despite requirements of the Labor
Code.
In violation of Article 110 of the Labor Code of Ukraine, Article 30 of Ukraine
“On remuneration”, administrations did not notify prisoners on the amount of salary,
in particular the total amount, size and grounds for reductions, and the amount
transferred to the personal account of inmates.
In addition, in violation of the Resolution of the USSR State Labor Committee
and the Presidium of the Central Council of Trade Unions #731/ П-13 dated 16.12.1987
“On the order of free provision of milk or other food products of the same value to
workers and servicemen working in hazardous conditions”, workers of units with
hazardous conditions (foundry production, electric and gas welding) did not receive
milk. In addition, there were no bonuses for hazardous labor conditions as foreseen by
law.
The state of ensuring the right of convicted and detained persons to
healthcare raises concerns.
Following the monitoring visits, the relevant reports indicating specific
shortcomings were reviewed with subsequent recommendations for improvements.
The following shortcomings were most frequent:
Medical records do not correspond to current legal provisions;
Insufficient level of testing for HIV-infection, as well as inadequate medical care
for persons with HIV/AIDS;
Inadequate conditions for prisoners with infectious tuberculosis;
Inadequate records on physical injuries of underage prisoners at the time of
arrival;
Failure to follow joint orders of the Ministry of Justice and Ministry of Health
of Ukraine on providing prisoners with medical assistance;
Insufficient procurement of necessary equipment and medication for medical
units;
Insufficient knowledge of norms and requirements of international human rights
legislation, standards on treatment of prisoners by the personnel;
135
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