SECTION 2.
unit) they all, although separately, were
locked in the toilet for a considerable
time, until defecation in the presence of
an operations officer. This constituted a
violation of p. 38 of the Instructions on
supervision of prisoners serving sentences
at penitentiary institutions, approved by
the State Department for Enforcement of
Sentences on October 22, 2004, No. 205. All
prisoners who refused were later subject
to disciplinary punishment, including
incarceration in punishment cell.
NPM
also
revealed
ungrounded
restrictions of the rights of prisoners that
are prescribed in the law, as well as abuse
of security measures:
•
lack of possibility to serve the sentence in
the area of relatives’ residence;
•
at daytime prisoners are allowed to stay
only in the instruction room or in the
outside common area and are strictly
forbidden to appear in dormitories;
•
watching of TV is limited;
•
forcing of the elderly and sick prisoners
to do physical exercise and assignment
of the elderly to upper bunks;
•
locking of prisoners in toilets during
searches for a long time, until defecation
in the presence of personnel, and
gynecological examination of the
searched women;
•
prohibition to sit on beds at daytime,
and so on.
Interviews of prisoners at Seleznivka
penitentiary (No. 143) revealed that at
daytime they are allowed to stay only in the
instruction room or in the outside common
area and are strictly forbidden to appear
in dormitories. Notice boards in the units
carry no information on the authorities
to which one may lodge a complaint. The
65
prisoners also informed that the elderly
and sick women were forced to do physical
exercise, which was in violation of Art.
124 of the Criminal Enforcement Code of
Ukraine.
In Dnipropetrovsk remand prison the
daily routine for prisoners unreasonably
prohibited sitting on beds. Failure to
comply with this requirement was seen as a
violation of the custody rules and entailed
penalties against offenders.
Negative practices of involving prisoners
into work related to control over the
behavior of other prisoners
Prisoners at Kamyanets penitentiary (No.
101) who performed the duties of orderlies
and senior orderlies on the day of the
visit said that they were ordered by the
administration to report any observed
breaches of the in-house rules and
procedures by other prisoners, to instruct
the offenders of the daily routine and, in
case of further incompliance, to notify the
administration.
Watching of TV at Seleznivka penitentiary
(No. 143) is unreasonably restricted, only
one channel (“1 +1”) is allowed, and the
DVD-player that prisoners have bought at
own expense is kept by the senior orderly
and accessible only on her permission and
in her presence.
The amount of work pay of the
prisoners held at the punishment unit
of Oleksiyivka penitentiary (No. 25) was
communicated to them by a senior orderly
out of prisoners, who brought the work
sheet and showed where to sign it. In the
production unit control over fulfillment of
the daily amount of work was exercised by
prisoners engaged by the administration
as “activists”. These individuals were also
performing administrative duties not
envisaged by the relevant legislation:
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