Ukraine: prisons in the war

Dmytro Yagunov. The current situation of the Ukrainian penitentiary system is dramatic. We do not have control over certain territories and, therefore, we do not have control over some penitentiary institutions, especially those located in the South (Kherson Oblast, Mykolaiv Oblast) and in the East of Ukraine (Luhansk Oblast), which are occupied by terrorist organisations and by the forces of the Russian Federation.

Formally, our prison service confirmed that it lost control over 33 prison facilities. Considering that the biggest number of Ukrainian prisons is located in the East and South of Ukraine, this number may be much greater. But at the moment, there are no clear statistics, no clear information, no clear statements about which prisons are under control and which are not.

I have been informed that the first step taken by the Russian occupation forces was not only to control the territories with the military forces, but also to have a deep investigation into activities of prison facilities: prisons are seen as places for keeping and controlling Ukrainian citizens. The forces aim to identify those are likely to fight on behalf of Russian forces, or who are likely to agree with the occupation of these territories by the Russian Federation.

For example, my sources reported that in a city located in the South of Ukraine, near the Crimean Peninsula, officers from the Russian Federal Service of Execution of Punishment visited prison facilities during the first days of occupation. They had conversations with prisoners and prison officers and conducted investigations on the status quo in such facilities. Their objective was to establish the next steps for using the prisons for their own needs, and for the purpose of controlling the local population who would consider the occupation as illegitimate. Different Russian Security Service agents are trying to analyse the information to see which Ukrainian officers are most likely to support them.

I have also been informed that officers working in the Eastern region are questioned by military Russian occupation forces and special officers from different secret services of Russia. They are forced to start working for Russian occupation forces. In the city of Starobilsk, about 90% of officers refused to cooperate. As a result, they were subjected to different forms of illegal treatments and to torture. Some officers were taken to different places to be severely beaten. They were afraid for their lives.

The goal of the Russian Federation is to officially declare that a particular prison is currently used for the needs of Russian prison service. The occupation forces in the Southern and Eastern parts of Ukraine have established their own prison ministries, such as the department of Execution of sentences and the ministry of Internal affairs of the Luhansk People’s Republic. The Russian Federation is not afraid to declare that it takes all responsibility in the context of establishing prison administration for such territories. It is not even afraid to declare that they occupy such territories and that they are not only going to establish a military administration, but also presidential administration, police administration and other kinds of administrations. This constitutes additional evidence of their responsibility in the restrictions and violations of human rights. The violations of the European Convention on Human Rights will then be their responsibility, not Ukraine’s. This will be very important in the context of any discussion for the future court hearings before the European Court of Human Rights.

DY. The Ukrainian prison system is facing several obstacles in terms of prison services and administration. The onset of this war has forced our prison and probation system to take an obvious step backwards due to the collapse and breakdown of operational management, links and connections between our forces, institutions and services.

The situation remains very unclear for independent observers, in the absence of clear information from the Ukrainian Ministry of Justice. There is no clear information at all on its website to date, except for some general notes stating that they are trying to maintain normal operations, and that they are trying to provide prisoners their basic needs. However, the situation of food and health services, and human rights protections is absolutely unknown in Ukraine. I can only imagine that the situation with ordinary prisoners who are trying to demand particular health services, food, water, contact with their families must be really difficult. I have a deep fear that issues like these have been moved down in the list of priorities.

The Ukrainian prison administration is taking steps towards further militarisation of the system. All officers are being provided with firearms, as is the case in a state of emergency. This is not enough to save the Ukrainian prison system from the general conditions of war, and I don’t think it will be enough to maintain the prisons’ everyday routine.

Top management of the probation service also informed local officers that they should keep running their case management and carry on. Many local probation officers are doing their best, but they are far from their usual everyday routine. For example, my friends from Chernihiv city, located on the frontline, are forced to spend all day and night in the basements. In a situation where civilians are receiving bombs, rockets and other forms of military attacks from the Russian Federation, it is impossible to consider a normal routine of probation work.

There are pictures of different Eastern prisons, published by our Ministry of Justice, where we can see that walls and buildings have crumbled as a result of the bombings. Several days ago, in the Vinnytsia region (central part of Ukraine), there was a rocket strike that resulted in civilian casualties and deaths. According to official information, some bombs were dropped on a prison facility and they partially destroyed its walls. Some prisoners escaped. This kind of impact can be seen in all districts.

We must take into account the general panic that hearing these attacks can provoke. You can feel this panic in the air. Even tonight in Kiev [16 of March], for example, some big houses are being destroyed.

DY. All Ukrainian prisons have sources of illegal supply of mobile phones which facilitates access to the information. Also, the number of missiles and bombs being dropped can be heard from anywhere in Ukraine, even in prisons located in western and central Ukraine.

The Ukrainian government is taking all possible steps towards informing and providing food, water and health services to prisoners. It is also taking all possible steps towards taking prisoners from the most dangerous territories and from the prisons that could be going under occupation in the near future and evacuating them. But our authorities recognise that despite their efforts, the situation is critical and tragic. The tasks of prison management are becoming very dangerous and difficult.

Ukrainian authorities engaged in some initiatives to free our prisoners. Approximately 400 prisoners who had military experience, or who used to fight against Russia in the east of Ukraine, are going to be released to fight against Russian occupants. The general trend of reducing the prison population is going on, but solely due to the war, for artificial reasons.