Given this sobering experience, my colleagues at the Association of Ukrainian Human Rights Monitors on Law Enforcement (Association UMDPL), which is part of Ukraine’s NPM, are currently raising the issue with the authorities, reminding them of their legal obligation to take every step needed to protect all vulnerable populations under State control, so as not to repeat past failures. The response from the official Ukrainian authorities has been reassuring, stating that all necessary legal regulations are in place and that the appropriate evacuation commissions have been established.
This official information sounds good. The problem is that, when my colleagues and I visit places of detention as part of the NPM monitoring, the responses we receive from prison staff are much less optimistic.
Most of the staff do not know what to do should emergency evacuations be needed. The provision of transport for prisoners remains the responsibility of local authorities, who – as is understandable – would be primarily concerned with the protection and evacuation of State employees and their families, followed by the rest of the civilian population. The evacuation of places of detention may simply not happen, as was the case in 2014-2015 in the Donbas. At that time, there were 36 facilities, including penitentiary institutions for women and children, in the Donetsk and Luhansk regions. The majority of them - 28 facilities – found themselves in the occupied territory, with up to 15,000 people remaining there.
Based on this experience, the Ukrainian authorities must take urgent measures to include the populations of prisons and other closed institutions in their evacuation plans. This should include informing the personnel of the evacuation procedures from high-risk areas, as well as providing evacuation plans, adequate transport, and logistics for all these groups of people. Additionally, the Ukrainian Parliament Commissioner for Human Rights should exercise permanent parliamentary control over the measures taken by the Government and local self-government bodies to ensure the safety of vulnerable groups who live in closed institutions. Prisoners are civilians. Like any other citizen, they are entitled to the protection of the State, in times of peace like in times of a military emergency.
