SECTION 2.
The results of NMP operation in Ukraine
139
a prisoner has no postage stamp and envelope or money to buy these items the
letter is sent at the expense of the remand prison. It was also explained to the
administrations of SPS territorial bodies that should a prisoner have no postage
stamp and envelope or money to buy these items (s)he is to be provided with
such items at own written request and proposed to seal the envelope personally
and to hand it in for further dispatch.
In spite of the recommendations regarding elimination of the violations of prisoners’ human rights and freedoms that were identified in the course of monitoring
visits to penitentiary institutions similar violations anyhow continue to occur and
are revealed during visits to other institutions. This evidences that the SPS leadership does not properly respond with regard to implementation of the received
recommendations.
Specifically, at some penitentiary facilities the legislative standard of usable area
(at least 4 sq. m per prisoner) is still not observed; remand prisoners are not evenly
distributed between cells, as a result of which in spite of the possibility to provide
each prisoner with an area of 2.5 sq. m at some cells the actual area per inmate
constitutes from 1.5 to 2 sq. m.
The issue of equipping premises with forced ventilation and toilets with flushes
also remains unresolved. Corrective maintenance works in cells for transit prisoners and at gathering units of remand prisons proceed slowly, and in most facilities
such premises remain in a decrepit condition.
Exercise yards are still not equipped with canopies for protection from atmospheric fallout; walls of exercise yard are still covered with rough coating and lack
smooth surfaces.
Remand prison cells and sleeping premises in penitentiaries are not renovated at
the required time. Prisoners wash and store their plates and spoons in the cells,
where they eat, which breaches relevant sanitary and hygienic rules.
Isolation wards for prisoners with active tuberculosis are located in hardly suitable
premises (common drainage, poor ventilation, etc.).
Multiple medical personnel positions remain vacant.
RESPONSE ACTION OF THE ADMINISTRATION OF STATE BORDER SERVICE
(SBS) OF UKRAINE ON THE OMBUDSMAN’S RECOMMENDATIONS
The recommendations of the NPM implementation Department were reflected in
the draft of the new regulation of the holding procedures for individuals detained
by SBS bodies. This draft is presently in the process of inter-agency coordination.
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