MENU
Documenting war crimes in Ukraine.
The Tribunal for Putin (T4P) global initiative was set up in response to the all-out war launched by Russia against Ukraine in February 2022.

Similar articles

UHHRU Appeal on behalf of prisonersNo Presidential opinion on prisoners’ food parcelsRussia abducts and tortures Kherson official and his family for serving Ukraine Monstrous sentences in Russia’s war against Crimean Tatar civic activists and their childrenImprisoned for seven years as Russia"s revenge for Ukraine’s Euromaidan Russia sentences Crimean Tatar religious scholar to 11 years for ‘thought crime’ Russia demands 12-year sentence against Crimean Tatar scholar for studying religion Crucial law adopted to help Russia’s Ukrainian political prisoners and hostagesRussia challenges compensation awarded former Crimean Tatar political prisoner for torture-like imprisonment Fugitive from justice in Latvia used to fake trial of Crimean Tatar political prisoners Defender of Russia’s Ukrainian political prisoners jailed and fined for picket against attempt to destroy Memorial Horrific sentences against Crimean Tatar civic journalist and three members of one family for planted ‘prohibited literature’ A child when seized, Bohdan Kovalchuk has spent 5 years in Donbas militant captivity Indefinite ‘quarantine cell’ used against Crimean Tatar who exposed Russian FSB torture 2 years for setting a person alight, while Russia demands 20-year sentences against Crimean Tatars for discussing their faith 400 Ukrainians imprisoned without a crime in Russia, occupied Crimea and Donbas Crimean civic activists face 15-year sentences for talking about religion five years agoGermany’s Nord Stream 2 collaboration comes as Russia holds a record number of Ukrainian political prisoners Prisoners’ rights to health protection and medical care in 2014-2021: KHPG reportRussia’s religious persecution for statistics in occupied Crimea

So are there restrictions on parcels for prisoners?

04.07.2008   

In the last few days there have been fairly conflicting reports in the media over a question which is of no small significance for a very large number of prisoners.

The Penal Code imposes restrictions on the number of parcels prisoners may receive.  The justification for these is already questionable, however it should be noted that over recent years the annual Law on the Budget has suspended their force.

So far, so legal: one law temporarily suspends the force of another law. 

This year, however, the Constitutional Court in a crucial judgment found unconstitutional a number of provisions of the Law of the Budget which suspended the force of normal laws.  The irony is that the judgment of 22 May was mainly aimed at preventing the narrowing of constitutional rights via the suspension of certain benefits for the year of the Budget in question.  This suspension of the force of benefits which the law entitles people to has become standard practice of Ukrainian governments, and the Constitutional Court had already declared such restrictions for 2007 unconstitutional.

With regard to parcels, however, the situation is rather different.  The Code imposes limits, the Budget sought to remove them (temporarily).  The reason is clear: the penal service is abysmally run down and prisoners need the food, medication etc which their families send.

On 28 May the Cabinet of Ministers passed a Resolution which removed the restrictions.  So is the problem solved?  Oleksandr Bukalov of Donetsk Memorial is sceptical. A Cabinet of Ministers Resolution is not a law and if the Penal Code needs changing, it must be at the level of a fully-fledged law. There are also restrictions which are presently imposed on the basis of Internal Regulations.  These include, for example, a ban on people being held in PKT (cell-like conditions, a form of punishment).  The Penal Code does not have any such restrictions.  Their validity must also be questioned.

In short, the situation clearly needs to be reconsidered and regulated in law, bearing in mind both the situation in penal institutions and justification for restrictions, and the fact that with such lack of clarity there is a worrying amount of scope for individual penal staff to make arbitrary decisions.

Based on different reports posted at: http://ukrprison.org.ua/index.php?r=1

 Share this