Social discrimination and marginalization of convicted persons,
stigmatizations, and dishonoring (persons are isolated, regularly cleaning
certain cells, toilets, places of common use etc.).
Results of monitoring of Berezan correctional colony (#95) evidenced that
administration of the facility stratifies the convicts and transfers responsibility for
maintaining order to convicted persons with negative tendencies. By doing so, they
support criminal subculture without consideration of social correction methods
provided by the Criminal Executive Code of Ukraine.
Thus, the administration relieves itself from the duties of correction measures
and control of the convicts’ behavior transferring these duties onto convicted persons
with negative tendencies. This practice constitutes a gross violation of national
legislation and international human rights standards.
Interviewed prisoners confirm the information above. According to them, the
administration transfers a number of tasks in relation to maintaining order in the prison
to some of them. In particular, there is a strict hierarchy among them, appointed
“enforcers” responsible for the facility, units, local sectors, quarantine unit, common
fund, and gambling etc. The so-called “common funds” includes money and material
resources (cash, cigarettes, medicines etc.) and is collected as a toll from the convicted
persons. At the facility, the system of influence is constructed in the following way:
50% of issues are solved by the “enforcers”, and 50% - by the administration.
The “enforcers” appointed from prisoners exercise control in the regime facility,
maintain connections with the outside world, solve conflicts and other current issues,
including matters of delivery of prohibited items to the secured area (drugs, alcohol,
mobile phones, parcels, tobacco products, coffee etc.). In addition, prisoners can
purchase any item from “dealer” prisoners.
Almost all matters of delivery of prohibited items are solved through the
industrial area. In addition to the production norm, different items of common use are
produced from the leftovers (large waste). These items, the so-called “livak” are
usually sold for money (small souvenir items costs 300-400 UAH, items requiring
more handcraft – 1200 UAH) or cigarettes.
In violation of the law, the convicts can consume alcohol, however, exclusively
after the evening inspection. The use of alcohol “not during designated time” is
punished by “enforcers” and their assistants. There is a stricter penalty, physical
punishment, for those initiating conflicts in the state of alcohol or drug intoxication, as
well as drug overdose (these cases are carefully concealed).
For instance, during conflict between the convicted person and administration,
the latter involves “enforcers” who use their status and influence to punish the prisoner.
The said conflicts are usually resolved in the absence of administration staff. Only in
cases of strong resistance or outrage by the prisoner, handcuffs are used (for pacifying
the persons). Other special means (straitjacket, rubber batons etc.) are not used. In
certain cases, administration denies lawful requests as a penalty for bad behavior.
While the administration is completely inactive and supporting, there are
instances of cruel and degrading treatment among prisoners. It was established during
monitoring that 8 persons who had stolen from other prisoners or were in debt before
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