SECTION 2. resolve these matters, which caused a conflict with a part of inmates and led to abridgement of their rights, by regular application of disciplinary measures (incarceration) on fictitious grounds or for petty misbehavior, with no examination of prisoners’ complaints. During the visit to Zamkova penitentiary (No. 58) its inmates complained about unreasonable placement into solitary confinement (on the day of the visit 50 prisoners were held in such cells). In response to relevant NPM recommendations Izyaslav District prosecutor quashed the order of the governor of this institution on preventive registration of prisoners who repeatedly breach the sentence enforcement procedure. The authorities also cancelled an ordinance on disciplinary proceedings against a prisoner who was punished by incarceration in a punishment cell for 15 days for his first violation of the rules (refusal to work). Interviewing of prisoners at Stryzhavka penitentiary (No. 81) and examination of official documents revealed that this institution regularly practiced intimidation of newly admitted prisoners. These prisoners were groundlessly ordered to mop the floors beyond the existing schedule, and those who refused were groundlessly held in punishment cells or entrapped into violations of the internal rules, with the making of materials on holding them criminally liable under Art. 391 of the Criminal Code of Ukraine, on fictitious grounds. This negative practices occurred in Oleksiyivka penitentiary (No. 25). The administration of this institution abides by the criminal subculture to stratify prisoners and considers them repeat offenders of the internal rules with no regard to the methods of social and instructive work set 63 out in the Criminal Enforcement Code of Ukraine. During the visit of Horodyshche penitentiary (No. 96) the monitoring team held interviews with its prisoners, including those held in punishment cells (locally known as DIZO/PKT) and higher security unit. They alleged groundless imposition of disciplinary measures for minor faults (being to 2 to 5 minutes late for the morning exercise, absence of the breast sign, sleeping at daytime, etc.). Instances of disproportionate application of disciplinary measures against prisoners were also found during the monitoring of Stryzhavka (No. 81), Oleksyivka (No. 25), Seleznivka (No. 143) and Berdychiv (No. 70) penitentiaries. During the visits to Oleksiyivka (No. 25) and Ladyzhyn (No. 39) penitentiaries the members of the monitoring group discovered separate barred rooms without any furnishings, used for temporary holding of prisoners who breached the established internal rules, for obtaining their explanations.

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