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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
care professionals to provide appropriate
conditions for rehabilitation of this category
of prisoners. Only a few institutions have
separate cells where persons with limited
mobility may be held, with relevantly
adapted toilets and showers, special beds
and handrails.
Despite the fact that the international
standards and domestic rules admit the
need for rehabilitation activities for those
unable to move on their own the Ukrainian
system of preliminary detention has,
regrettably, carried out no such activities.
For absence of rehabilitation individuals
cannot restore the affected body functions,
prevent relapses or develop self-reliance
skills, which generally leads to further
deterioration of their health condition.
Implementation of the Ombudsman’s
recommendations given to the State
Penitentiary Service of Ukraine in 2013
In the course of 2013 the Ombudsman’s
reports on results of monitoring visits,
with relevant recommendations on
elimination of the identified violations of
human rights and freedoms of prisoners
held at penitentiary institutions, were
sent to the Prosecutor General of Ukraine,
Ministry of Justice of Ukraine and the
State Penitentiary Service of Ukraine, for
proper response and notification of the
Ombudsman about the actions taken to
eliminate the shortcomings.
According to information received by the
Secretariat of the Ombudsman, a number
of activities were carried out in order to
eliminate the identified shortcomings and
to ensure the legal rights of the detained
and sentenced prisoners.
SPSU annulled its Instruction of April 28,
2010 (No. 3/2/1-2344) that prohibited
acceptance of opened correspondence
from persons taken into custody and
convicted prisoners addressed to the
Parliament Commissioner for Human
Rights, European Court of Human
Rights and other relevant international
organizations of which Ukraine is a member
or participant, or to the authorized persons
of such international organizations, or to
the prosecutor or defense attorney. This
Instruction contravened the procedure
established in p. 4.8.5 of the Rules of
detention of persons taken into custody
and convicted prisoners, approved
by Order of the State Department of
Ukraine for Enforcement of Punishments
on September 20, 2000, No. 192, and
registered with the Ministry of Justice of
Ukraine on October 27, 2000, under No.
751/ 4972, according to which in case of
unavailability of the postal stamp and the
envelope or the absence of money to buy
such items relevant expenses were to be
covered by the remand prison.
Lutsk, Dnipropetrovsk, Donetsk, Artemivsk,
Zaporizhzhya, Simferopol, Starobelsk, Sumy,
Mykolayiv, Rivne, Kharkiv, Khmelnytsky,
Chernihiv and Chernivtsy remand prisons and
Novhorod-Siversky (No. 31) and Zhytomyr
(No. 8) penitentiaries have equipped the so
called model cells.
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