The right to phone conversations foreseen by Articles 107, 110 of the Criminal
Executive Code of Ukraine is not ensured in its entirety. The convicted persons
complained about violations of the privacy of conversations by other inmates.
For instance, one can only use the phone upon writing an application and having
a card received from the relatives. At the same time, the majority of interviewed
inmates confirmed that they use the payphone very rarely and prefer illegal mobile
connection instead.
For instance, there are only 2 payphones for 1200 inmates at Temnivka
correctional colony (№ 100). A convicted person has to arrange with the senior officer
on duty prior to making a phone call. The latter dials the number, clarifies the
addressee’s data, and only then allows a conversation. It is forbidden to call without
arrangements with the senior officer on duty.
Berezan correctional colony (#95) has only one payphone. One can use it only
upon writing an application and having a card from the relatives. At the same time, the
majority of interviewed inmates confirmed that they use the payphone very rarely and
prefer illegal mobile connection instead. If there is cash, a “dealer” inmate solves the
question of buying a cell phone for 250 UAH.
In majority of visited institutions, organization of free time and leisure of
inmates is unsatisfactory. There are virtually no functioning organizations of amateur
arts except for religious services and certain religious groups. For the most part,
convicted persons spend their leisure through watching TV programs and playing
board games (cards, backgammon, chess etc.).
Violations of the right to sufficient standard of living, including sufficient
nutrition, clothing, and housing (Article 48 of the Constitution of Ukraine), remain
widespread in penitentiary institutions.
•
Illegal fees for meals and material belongings contrary to the
current Article 121 of the Criminal Executive Code of Ukraine whereby
convicted persons are obliged to reimburse only cost of utilities and other
provided services.
The Ministry of Justice of Ukraine insists on full reimbursement of meals and
clothing by convicted persons despite the fact that, according to the decree of the
Cabinet of Ministers of Ukraine #1017 dd. 08.08.2007 “On approving the list of paid
services provided by institutions of the State Penitentiary Service”, food, provision of
inmates with food, clothing, footwear, and garments are not on the list of services.
On 11 March 2015, the Commissioner for Human Rights addressed the
Prosecutor General of Ukraine on the matter of ensuring the rights of convicted persons
in relation to payments from their salaries, pensions, or other income.
In response, the Office of the Prosecutor General of Ukraine informed that the
position of the Ministry of Justice of Ukraine, in accordance to which “other provided
services” include “provision of food, clothing, footwear and garments” is erred and not
based on legal norms. Accordingly, on 31 March 205, a letter was sent to the Ministry
of Justice of Ukraine emphasizing the above and suggesting that measures be taken to
eliminate these violations, including initiation of relevant legislative amendments.
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