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On 02 August 2024, the Department for the Execution of Criminal Sentences of the Ministry of Justice of Ukraine issued a small but critical document, which once again reminded officials of prisons to stop the practice of accommodating or staying during the day of any prisoners (except for new arrivals) in the quarantine, diagnostic and distribution unit.
The Department once again emphasised that the performance by prisoners of administrative functions delegated by the administration or self-proclaimed by convicts in the unit in relation to other prisoners is strictly prohibited.
The heads of the prisons were warned of their personal responsibility for delegating managerial functions to prisoners who are in the quarantine, diagnostic and distribution unit and are not new arrivals.
This seemingly unremarkable step is of great importance for ensuring the normal functioning of prisons and preventing torture in the prison system.
For example, over the past 20 years, the CPT has repeatedly stressed during its visits to Ukraine that any delegation of managerial functions to prisoners should be prohibited.
In the CPT’s report on its 2023 visit, the CPT stated: “In its previous visit reports, the CPT called upon the Ukrainian authorities to put an end to the practice of employing inmates as “duty prisoners”, who were assigned supervisory tasks over other prisoners. The Committee was therefore concerned to note during the 2023 visit that this practice had remained in place. The Committee once again calls upon the Ukrainian authorities to put a definitive end to the above-mentioned practice. No prisoner should be put in a position to exercise power over other inmates” (CPT, 2023, Para 47).
Accordingly, the above document is another important step towards the prevention of torture in Ukrainian penitentiary institutions in line with the CPT recommendations.
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