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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
assignment to works, acceptance of
performed work statements, control over
fulfillment of the daily work amount,
supervision of abidance by daily routine,
etc.
At Bucha penitentiary (No. 85) one prisoner
was assigned to make daily calculations of
the number of inmates to be taken out for
work.
Administrations
of
penitentiary
institutions violate the prisoners’ rights to
mailing, in contravention of the effective
law:
•
instances of delayed dispatch of
prisoners’ correspondence and of failure
to dispatch such correspondence;
•
interference with the privacy of prisoners’
correspondence with the Ombudsman,
lawyers, prosecutors, etc.
Substantial violations of the Laws of
Ukraine “On the Ukrainian Parliament
Commissioner for Human Rights” and
“On Preliminary Detention” and of the
Criminal Enforcement Code of Ukraine with
regard to prisoners’ correspondence were
discovered in remand prisons of Donetsk,
Volhynia, Zhytomyr, Luhansk, Odessa,
Sumy, Kharkiv and Kherson Regions. The
texts of supposedly private letters were
marked with stamps on their registration
by these institutions’ sections of control
over enforcement of judicial decisions.
In another instance the cover letter of a
prisoner’s application to the Ombudsman
carried a note made by the administration
of Zhytomyr penitentiary (No. 4) on the
letter’s content, in violation of the Criminal
Enforcement Code.
Unjustified restrictions imposed by the
administration of Oleksiyivka penitentiary
(No. 25) deprived the prisoners of the
opportunity to appeal against imposed
penalties. Monitoring visits have also
revealed that the procedure of prisoners’
correspondence with their defenders and
prosecutors, as established by law, was not
complied with and that such letters were
read by operations officers.
Prisoners held at penitentiary institutions
have no opportunity to receive
information of legal nature:
•
library funds of most institutions are
poor and lack works of fiction as well
as proper numbers of the texts of the
Constitution of Ukraine, Criminal Code,
Criminal Procedure Code, Criminal
Enforcement Code of Ukraine and other
legal acts determining the status and
authority of law enforcement bodies, the
rights and obligations of prisoners and
the procedure of enforcement of criminal
sentences; prisoners do not have ample
opportunities to make use of such texts
and other relevant academic literature.
Prisoners held at Berdychiv penitentiary (No.
70) complained that they could not get
any explanations regarding the appeal and
cassation procedures. In this conjunction
Berdychiv Inter-District Prosecutor’s Office
reviewed the situation and ordered the
administration of the penitentiary to
eliminate such violations.
In addition, discrepancies in the legislation
lead to violations of prisoners’ rights to
legal assistance. In response to such a
breach Berdychiv prosecutor noted that
the meeting with the defense lawyer
was refused in accordance with the
applicable law and, in particular, referred
to the requirements of p. 11 of Art. 134
of the Criminal Enforcement Code of
Ukraine, as per which convicts are not
allowed meetings when placed in solitary
confinement.
However, according to Art. 110 of the
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