SECTION 2. received in parcels and packages or bought at institutional kiosks. Despite the recommendations given by the Commissioner for Human Rights in her letter of March 13, 2013 to the Prime Minister of Ukraine such differences still continue to exist. At the same time prisoners’ human rights are also violated because of inconsistency between certain provisions in the regulations of the State Penitentiary Service of Ukraine. For example, provisions of p. 2.1 of Section 2 in Chapter VI of the Internal procedures for remand prisons are of discriminatory nature as individuals taken into custody are entitled to parcels with the total weight not exceeding 50 kg per month, while under similar rules for penitentiary institutions the sentenced prisoners have the right to receive parcels and packages without any such restrictions (Art. 112 of the Code of Criminal Punishment Enforcement of Ukraine). Under mentioned regulations convicted prisoners may possess wrist- or pocket watches, which at the same time are not allowed to other categories of prisoners. Money and valuables discovered in possession of convicted prisoners are seized and, according to a court ruling, may be transferred to the state, which conforms with the requirements of Article 41 of the Constitution of Ukraine, while at the same time the money and valuable items seized from persons held in pre-trial detention are transferred to the state not under a court ruling but in accordance with a resolution passed by the governor of the remand prison and authorized by a prosecutor. The most frequent violation of human rights in penitentiary institutions is the lack of appropriate conditions of detention of prisoners, which leads to violations of Article 3 of the European 69 Convention of Human Rights. The conditions for prisoners in penitentiary institutions do not meet the requirements of the legislation: • number of beds in the sleeping premises exceed the floor area standards specified in the legislation. In the dormitories there is practically no empty space. Rooms for storage of prisoners’ personal belongings usually contain many unneeded items while prisoners have to keep their belongings under beds; • at some institutions the sleeping and auxiliary premises are not used for the designed purposes; • electrical wiring is installed in violation of insulation rules and safety regulations, which makes its use extremely dangerous; • some institutions do not have properly equipped rooms for education and instruction activities; • in most institutions toilets are in an unsatisfactory condition. For example, the quarantine, diagnostics and screening unit at Berdychiv penitentiary (No. 70) is located in a cell in the higher security section, which is equipped with 20 beds. At the time of the visit this cell was in a forlorn condition and did not have the auxiliary premises as prescribed by law. The windows in this cell were in an improper technical condition, with plastic film instead of glass, which made natural lighting very weak. Electrical lighting was provided by just one incandescent lamp, with no night lighting, and ventilation was insufficient as the cell had only two small vents. The walls in the cell were damp, dirty and covered with yellow stains and the toilet had nothing like a flush.

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