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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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