Monitoring results provided for identification of systemic violations of
procedures for detention and punishment that lead to cruel or degrading
treatment of prisoners.
Main issues leading to cruel or degrading treatment of prisoners
Beating on different body parts, the use of the so-called
“stretches”, “swallow”, “standing on columns”, and putting salt on selfinflicted injuries;
Public humiliation through irregular cleaning of places of
common use and sanitary facilities;
Hard handcuffing
Inhuman or rude treatment of convicts by some staff
members;
Unfounded restriction not foreseen by law, as well as abuse
of safety measures towards detainees and convicts
Abuse of correctional regime functions by the administration
of penitentiary facilities and remand prisons;
Negative practice of involving prisoners into control over the
other convicts’ behavior;
Unfounded transfer from one facility to another, disciplinary
punishments, restrictions of access to TV programs
Biased internal investigations, lack of possibility to receive
legal advice, as well as violation of the petition procedure leading to the
lack of possibility to challenge administrations’ actions.
A monitoring visit to A.S. Makarenko Kuryazka juvenile correctional facility
and interviews with juveniles revealed information about numerous violations of
human rights and freedoms in the functioning of the above facility.
In particular, existence of a clear unofficial hierarchy among inmates was
brought up. The “active” unit chosen by the administration was responsible for 24/7
control of the convicts’ behavior. The “activists”, in return enjoy preferential treatment
from the administration. The above illustrates how the personnel practically relieved
themselves from the correctional work with the juveniles and transferred these
functions to other convicted persons, which constitutes a gross violation of both
domestic legislation and international standards.
During interviews, the residents voiced multiple complaints on ill-treatment,
some of which can amount to torture, cruel, inhuman, or degrading treatment and
punishment in accordance with the ECHR case law, in particular:
- Pouring sault on the body in case of injuries – this particularly cruel form of
punishment, which can be qualified as torture, can be used if the juvenile
hurts him/herself as a form of protest;
- “standing on columns” – the juveniles are forced to stand in one spot during
long time (up to 15 hours) over the course of several days, sometimes – three
months. The entire staff of the facility is aware of the practice, as well as
school teachers who mark the punished children as absent;
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