A/HRC/40/59/Add.3
comprehensive assessment of the treatment and conditions of detention prevalent in the
facilities visited.
87.
Most notably, the Special Rapporteur was not authorized to access all sections of his
choice in the facilities, nor to conduct any confidential interviews with the detainees. In
Krasnyi Luch penal colony No. 19, the management informed the Special Rapporteur that
two detainees had requested an opportunity to talk to him. They were both brought to a
management office, a guard was present during the interview and they expressed their sole
desire to be transferred to other regions in Ukraine to be closer to their families. Collective
interviews of a general nature were made impossible by the oppressively intimidating
presence of prison staff, resulting in an overall climate of fear.
88.
In both institutions, all detainees were forced to abandon their cells and pavilions and
to stand at attention in the courtyard with their faces facing the wall and their hands behind
their backs throughout the entire visit. In Petrovske penal colony No. 24, educational
programmes on good citizenship were played on a loudspeaker.
89.
Due to the impossibility of interviewing detainees confidentially, the Special
Rapporteur had to rely upon information provided by former inmates who had been recently
released and transferred to the government-controlled territory.
2.
Donetsk
90.
The Special Rapporteur was able to obtain restricted access to the pretrial detention
facility No. 5 in Donetsk city, which had been preselected by the de facto authorities. His
request to visit the detention facility at 3 Svitloho Shliakhu Street (also known as Izoliatsiia,
run by the de facto ministry of state security), Makiivka penal colony No. 97 and Makiivka
penal colony No. 32 was not granted.
91.
The conditions under which he was allowed to interview detainees in the Donetsk
pretrial detention facility did not ensure full confidentiality and he was therefore not able to
reliably and comprehensively assess the conditions of detention and treatment prevalent in
the institution.
92.
In terms of direct interaction with detainees, the Special Rapporteur was able to
individually interview four detained members of the Ukrainian armed forces in a separate
office room, albeit with a guard placed just a few metres away, right outside the open door
of the room. It was obvious that this setting did not allow the inmates to express themselves
freely, and the conversation was therefore limited to information relating to their personal
health and well-being and their contact with their families. In the course of his tour through
the facility, the Special Rapporteur asked and was able to visit the cell in which the four
interviewees were detained but, again, he was not able to engage in a confidential
conversation with them, given that a guard was present in the middle of the cell.
93.
The Special Rapporteur is concerned to have found that juveniles are detained in this
institution under conditions clearly not corresponding to their age, vulnerability and best
interests.
94.
Despite the presence of medical staff, access to health care appeared to be restricted
and the quality of the food was reported to be unacceptable, forcing inmates to rely on family
parcels. This presented a significant problem for conflict-related detainees, given the
difficulties of maintaining contact with family members in government-controlled territory.
95.
Some of the collective cells the Special Rapporteur was allowed to visit did not
provide the required minimum space of 3.4 m2 per inmate and were poorly ventilated,
resulting in mould on the walls next to the sanitary installations. Overall, the infrastructure
of the building was very old and in dire need of renovation.
C.
Allegations of torture and ill-treatment
96.
The restricted access granted to persons detained in the territories under the control of
the de facto authorities in Donetsk and Luhansk did not allow the Special Rapporteur to make
a reliable and comprehensive assessment of the treatment to which they were subjected.
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