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Following a visit to Ukraine in 2023 by a delegation of the CPT, one of the violations identified was the need to eradicate criminal subculture and hierarchy.
In particular, it was stated that in the Public Institution ‘Starobabanivska Correctional Colony № 92’ representatives of the so-called ‘lower caste’ of convicts were rejected by the majority of convicts. They were forced to perform ‘dirty’ work (e.g. cleaning living quarters and toilets, collecting garbage) for which they were not paid (Para 42, the Report to the Government of Ukraine on the CPT’s visit to Ukraine in October 2023).
The delegation observed a clear demonstration of the informal caste system in the daily life of the prison: while ‘ordinary’ prisoners were queuing for food in the canteen, food for ‘lower caste’ prisoners was kept in containers placed on tables clearly ‘reserved’ for them at the far end of the hall so that they did not mix with others. The management and staff of the Prison knew about this deplorable state of affairs and put up with it. This practice exists in other institutions as well (Para 42, the Report to the Government of Ukraine on the CPT’s visit to Ukraine in October 2023).
To address this shortcoming, the Department has launched a pilot project to take step-by-step steps to eradicate discrimination against the ‘lower caste’ in the criminal subculture in Starobabanivska Correctional Colony № 92.
The aim of the project is to create equal conditions for all prisoners to serve their sentences and to prevent manifestations of informal hierarchy among convicts and discrimination against convicts.
The Department for the Observance of the Rights of Convicts and Detainees, together with the Central Region Support Department, developed measures to stop discrimination against convicts:
– creating a separate ward for prisoners who are victims of discrimination;
– creating decent conditions for prisoners in this unit that do not visually emphasise their ‘lower’ social status;
– appointing a staff member with sufficient experience and authority, both among colleagues and prisoners, to head the newly created department to work effectively with this difficult category of prisoners;
– work to identify prisoners in the institution who are subject to various kinds of discriminatory actions by other prisoners, and voluntarily offer them to be redistributed to this unit;
– ensuring that meals are served in the canteen of the institution as part of this unit according to the daily schedule using common utensils for convicts;
– to entrust the cleaning of the bathrooms and other ‘dirty’ or ‘humiliating’ work in the institution to cleaners on a paid basis.
In August-October 2024, these measures were implemented, and in November-December of this year, the Department continued to monitor the results of the changes.
According to the results, the project was recognised as effective, and the measures taken could be implemented in other penitentiary institutions.
For communication purposes, a video about the project’s good practices was also developed (the video can be viewed at http://surl.li/kmoheq).
In this regard, I request:
1. Heads of SPS institutions:
– to analyse the results of the pilot project to stop the practice of discrimination of some convicts by others on the basis of informal ‘criminal hierarchy’;
– if there are similar discriminatory actions in subordinate institutions, based on plans agreed with the interregional departments for the execution of criminal sentences of the Ministry of Justice and taking into account the operational situation and context of the institution, take appropriate measures from among those that have shown effectiveness in Starobabanivska Correctional Colony № 92;
– if necessary, apply to the interregional departments for the execution of criminal sentences of the Ministry of Justice and the Department for methodological assistance.
2. The Interregional Department for the Execution of Criminal Sentences of the Ministry of Justice:
– to coordinate in subordinate institutions and provide methodological support for measures taken to eradicate discrimination of the ‘lower caste’ of convicted members of criminal subcultures by other convicts;
– to consider the results of the work carried out at the summing up of the work for the 1st half of 2025, and report to the Department, including by e-mail: prava_zo@kvs.gov.ua
Andrii Halai, Deputy Head of the Department, Colonel of the Internal Service
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