Back What rights do convicts have? - presentation of the Legal Guide within the Joint EU-CoE Project

What rights do convicts have? - presentation of the Legal Guide within the Joint EU-CoE Project

On September 17, 2021, a presentation of the Guide on Prisoners' Legal Rights was held, which was developed within the Joint Project “European Union and Council of Europe working together to support prison reform in Ukraine” (SPERU) by the national consultant of the Project Kostyantyn Avtukhov.

Representatives of the Ministry of Justice, Department for the Execution of Criminal Sanctions, Centre of Probation of Ukraine, Office of the Commissioner for Human Rights, Office of the Prosecutor General, Council of Europe Office in Ukraine, NORLAU project, International Committee of the Red Cross, human rights organisations and others took part in the presentation.

During the event, the speakers repeatedly stressed that the level of human rights observance in penitentiary institutions is an indicator of human rights in society as a whole. Raising awareness of convicts about their rights and providing them with examples and tools to exercise these rights will contribute to the humanization of the penitentiary system of Ukraine.

“The Guide is a very practical thing. Human rights, especially in places of detention, are very vulnerable. This will help protect them if the person is well aware of practical advice and answers to very specific questions. The Guide contains not only advice, but also samples of documents required by convicts. This means that convicts become closer not only to the acquaintance with their rights, but also to the realization of their rights. I hope that this will show its results,” said Olena Vysotska, Deputy Minister of Justice of Ukraine.

The Guide answers in user-friendly language the practical questions of the convicts, for example, whether the convicts are obliged to work in the colony, how the work in the penitentiary institution is paid, what are the possibilities of receiving medical care, what are the restrictions on parcels and transfers, how many visits are allowed, how prisoners can use the Internet, what and how to buy in the colony, etc.

Vahagn Muradyan, Deputy Head of the Council of Europe Office in Ukraine, noted that it is important for Ukraine to follow the recommendations provided by the European Committee for the Prevention of Torture regarding the conditions of detention of prisoners and comply with the European Court of Human Rights judgements. In addition, Vahagn Muradyan mentioned that raising the awareness of convicts about their rights is an important element in the implementation of penitentiary reform in Ukraine, and the Guide is one of the tools to convey legal knowledge to convicts. He also added: "If a society cares about prisoners’ rights it means that there is human rights centred approach that the government is perusing in the country".

The purpose of the Guide is, in particular, to systematise information on the most important rights of convicts; prove in a user-friendly language the content of the rights of convicts; create a favourable climate in penitentiary institutions, where both convicts and staff have the same ideas about the rights of convicts.

The Guide is useful not only for convicts, but also for prison staff, monitors, human rights defenders, regulators, scientists and legislators. 

Olga Derkach, Senior Officer Joint Project “European Union and Council of Europe working together to support prison reform in Ukraine” (SPERU), noted that the Project published an e-version of the Guide on the website of the Council of Europe Office in Ukraine and printed 500 copies for distribution in penitentiary institutions. If necessary, the manual will be revised and additionally printed to ensure the widest possible coverage among convicts.

Serhiy Hrechanyuk, head of the Department for the Execution of Criminal Sanctions, assured that the Guide would be delivered to prisons and distributed among the convicts.

Reference information:

The Guide on Prisoners' Legal Rights was created at the request and in collaboration with the Department for the Execution of Criminal Sanctions on the basis of the 2016 Legal Guide for Prisoners, developed in the framework of the project “Further support for penitentiary reform in Ukraine”.

The Joint EU and Council of Europe Project “European Union and Council of Europe working together to support the Prison Reform in Ukraine” is designed to promote human rights compliant management of prisons.

Kyiv, Ukraine 17 September 2021
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