68 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE: in a defective state, and both were installed in the inner yard of the institution, with no conditions for making telephone calls in the cold season. Some provisions of the regulations of the State Penitentiary Service of Ukraine are contrary to the Constitution of Ukraine, which leads to violation of the detainees’ and convicts’ rights: • • for instance, Article 48 of the Constitution of Ukraine provides the right to adequate food but people exiting remand prisons to participate in criminal proceedings are in fact deprived of this right: 11 nutrition standards approved by Resolution of the Cabinet of Ministers of Ukraine of June 16, 1992 (No. 336) do not contain any rules as to mentioned category. Monitoring visits to remand prisons have shown that this inadequate regulatory framework leads to failures to provide such individuals with hot meals while dry rations are provided on irregular basis. The composition of ration is set by prison administrations at their own discretion and usually shows a very limited range of products. The right to sufficient food is not respected with regard to prisoners held in disciplinary units or cells and in solitary confinement when they are not allowed to buy food or to receive parcels and packages; Article 31 of the Constitution of Ukraine is not observed as the prisoners are not granted the privacy of letters, telephone conversations, telegraph messages and other correspondence: under the current legislation the correspondence of the detained and sentenced persons is subject to review except specific instances established by law. At the same time phone conversations the right to which is granted only to the already convicted detainees occur under the supervision of a representative of the institution’s administration; • the established remand prison procedure according to which all replies to prisoners’ applications, complaints, petitions and letters are announced to them against receipt and attached to their case files does not conform with the requirements of Article 34 of the Constitution of Ukraine that everyone has the right to freely collect, store, use and impart information orally, in writing or otherwise, at own choice. The usual practice is also contrary to Art. 7 of the Law of Ukraine “On Information” according to which no one may restrict a person in the choice of the form and sources of receiving information. Therefore, the Ombudsman holds an opinion that the replies to all applications, complaints, petitions and letters are to be directly delivered to individuals in custody and not attached to their case files; • requirements of Article 32 of the Constitution of Ukraine regarding prohibition of interference with privacy of prisoners are not observed. For example, under p. 18 of the Internal rules of penitentiary institutions detainees are not allowed parcels or packages and meetings with relatives before official arrest, and p. 88 of the same rules prohibits meetings to prisoners held in disciplinary or punishment cells or in solitary confinement. The departmental regulatory framework is characterized by significant differences in the conditions and procedures of detention in custodial settings, specifically in the lists of foods, essentials and personal hygiene products that may be kept,

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