Chapter 7. Observing the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment 141 Example Torture, cruel and degrading treatment are used in the penitentiary system. Along with the use of physical violence, a minority of prisoners often face stigmatization and rejection by most other prisoners. Such persons are forced to live separately from other convicts and in unsuitable premises and in appalling conditions. Examples were found during monitoring visits to the Starobabanivska Correctional Colony (92)70, Synelnykivska Correctional Colony (94)71, and Kolomyia Correctional Colony (41)72. MPs in Ukraine submitted a draft Law “On Amendments to the Law of Ukraine ‘On Pre-trial Detention’ (regarding the implementation of certain standards of the Council of Europe) (no. 0882 of 29 August 2019). Implementation of its norms would improve the conditions of detention of prisoners by bringing Ukraine’s legislation into line with Council of Europe human rights standards for the conditions of detention, as laid out by the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment. The draft law was adopted in the first reading, but has not yet been submitted for the second reading. Excessive use of force and “special means” by penitentiary staff against convicts and prisoners results in bodily injuries, which, as in other types of places of detention, are not documented. In such cases, healthcare is not provided or is provided just “to tick the box”. When it comes to courts, in some cases defendants or convicts who have come to attend court hearings are held in conditions that amount to torture and ill-treatment, due to a lack of adequate facilities for holding them. Such persons are often forced to wait for hours in convoy cars or in completely unsuitable premises without free access to fresh air, water, food and toilets. 69 Report published at: www.ombudsman.gov.ua/ua/all-news/pr/rezultati-mon%D1%96toringovogo-v%D1%96zitu-do-ostrozko%D1%97-oblasno%D1%97-psix%D1%96atrichno%D1%97-l%D1%96karn%D1%96-na-r%D1%96vnenshhin%D1%96/. 70 Report published at: www.ombudsman.gov.ua/ua/all-news/pr/21319-zi-u-starobabanivskij-vipravnij-koloniii-92-na-cherkaschini-medichnudopo/. 71 Report published at: www.ombudsman.gov.ua/ua/all-news/pr/17419-pp-v-sinelnikivskij-vipravnij-koloniii-94-zasudzheni-otrimuyut-svidotstva/. 72 Report published at: www.ombudsman.gov.ua/ua/all-news/pr/zasudzhen%D1%96-z-bereznya/. CHAPTER 7 During a visit to Ostroh Oblast Psychiatric Hospital, patient S. was found to have numerous abrasions and hematomas of the head and lower extremities. According to the staff, he suffered the injuries when falling out of bed on his own. A criminal investigation is currently being conducted by Ostroh MDNP police department in Rivne oblast69.