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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