Prisoners can be transferred to other institutions if the inspection reveals inadequate detention conditions

The mechanism for reviewing complaints about inadequate detention conditions of persons in pre-trial detention centers and penal institutions has undergone changes. The updates concern both the reporting procedure of the Commission for reviewing such complaints and the list of measures that the administrations of institutions must take to eliminate violations. In addition, a new form of the annual report has been approved, which will reflect data on received complaints, results of their consideration, identified violations, and response measures.

The relevant changes are provided by the Cabinet of Ministers Resolution No. 764 "On Amendments to the Regulation on the Commission for Reviewing Complaints about Inadequate Detention Conditions in Pre-Trial Detention Centers and Penal Institutions."

The Commission is obliged to regularly report and inform the public

Amendments to the Regulation on the Commission, approved by the Cabinet of Ministers Resolution dated December 31, 2024, No. 1549, introduce a number of innovations.

In particular, the words "correctional center" were removed from the fifth paragraph of point 2 of the Regulation.

Also, subparagraph 4 of point 15 has been revised. From now on, the Commission is obliged to inform the public through the media about the results of its activities at least once every six months. In addition, by February 1 each year, it must submit a report on its activities for the previous year to the interregional administration and the Secretariat of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights.

In point 21, the reference to the appendix was clarified — the number "2" was added after the word "appendix."

How the procedure for responding to inadequate detention conditions will change

Separate changes have been made to point 23 of the Regulation, which defines the measures that the administration of institutions must take to prevent persons from being held in inadequate conditions.

Such measures include:

• transferring a person taken into custody or a convicted person to another living space (cell) with proper detention conditions;
• sending a written request to the interregional administration or the Department for the Execution of Criminal Penalties regarding the transfer of the person to another institution.

When is the transfer of a prisoner to another institution possible

The Regulation clarifies that sending a written request regarding the transfer of a person taken into custody or a convicted person to another institution is carried out only if it is impossible to eliminate the causes that make the detention conditions inadequate by applying other prescribed measures.

Such impossibility must be confirmed by a reasoned conclusion and materials collected during the relevant inspection.

What data the new report on complaints about detention conditions will contain

The Regulation has been supplemented with a new Appendix 1 — the form of the annual report of the Commission on activities related to the review of complaints about inadequate detention conditions in pre-trial detention centers and penal institutions.

According to the form, the report will reflect:

• the number of applications received for consideration by the Commission;
• the number of applications from convicted persons, persons taken into custody, and other persons, broken down by gender;
• the number of applications reviewed;
• the number of Commission decisions establishing facts of inadequate detention conditions;
• the number of such decisions separately for pre-trial detention centers and penal institutions;
• the number of decisions on the absence of facts or circumstances of inadequate detention conditions;
• the number of applications not reviewed by the Commission;
• the reasons for not reviewing such applications;
• the number of measures taken by the administrations of institutions to eliminate violations;
• the number of motions to appeal the Commission's decisions to the court and the results of their consideration.

What measures to eliminate violations will be reflected in the reporting

A separate section of the report is devoted to the measures taken by the administrations of institutions to prevent persons from being held in inadequate conditions.

In particular, the report will cover:

• transferring persons to another living space (cell) with proper detention conditions;
• sending written requests for transfer to another institution;
• carrying out repairs of living quarters (cells), disinfection, disinsection, etc.;
• other response measures.

In addition, the report will indicate the number of motions to appeal the Commission's decisions that were satisfied by the court, as well as the number of cases where the Commission's decisions were appealed but the court denied such motions.

How the Commission's report will be completed

The report form provides for the presentation of information separately for each month of the reporting year. The document will also contain summary indicators for the year and for the entire period of the Commission's activity.

The notes to the form specify that the category of applications from other persons does not include appeals defined by the first paragraph of point 20 of the Regulation on the Commission. Also, the amendments clarify the numbering of appendices to the Regulation: the word "Appendix" has been replaced with the words and number "Appendix 2."

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