The state of observance of human rights of prisoners in the context of penitentiary reform in Ukraine

Abstract

The article highlights the state of observance of human rights of prisoners in the context of penitentiary reform in Ukraine 2016-2019. Despite the fact that changes have been constantly made in the system of executing criminal punishments (in particular at the legislative and structural levels), 2016 was conditionally taken as a starting point of the reform. In this year the central executive body which implemented state policy in the sphere of criminal punishment and probation (State penitentiary system of Ukraine) was eliminated and its functions were transferred to the Ministry of Justice. It is no coincidence that the main focus is made on the rights of prisoners, since a person in a penitentiary institution is under the full control of the state and is more vulnerable in terms of the possibility of violating his/her rights.

Although the purpose of the penitentiary reform was to create conditions of treatment and detention of prisoners in line with international standards there are no significant positive changes achieved in this direction to date. Results of the monitoring visits to penitentiary institutions conducted by members of the public indicate that violations of prisoners' rights are still lasting. Such facts are also confirmed by numerous decisions of the European Court for Human Rights for the implementation of which Ukraine is obliged to pay the applicants considerable compensation for breach of the Convention for the Protection of Human Rights and fundamental freedoms.