In the Chernihiv Oblast Court of Appeal, defendants are being held in the basement

On November 16, 2015, a monitoring group consisting of an employee of the Department for the Implementation of the National Preventive Mechanism of the Commissioner’s Secretariat Volodymyr Pavlyuk and public representatives Larisa Romanyuk and Mykola Ivashchenko visited the Chernihiv Oblast Court of Appeal without warning.

It is worth noting that the management of the institution showed maximum openness during the monitoring and ensured an unhindered inspection of all premises.

During the visit, in particular, the conditions of detention of defendants (convicts) in cells and courtrooms were studied.

The monitors noted the accessibility of all court premises for people with disabilities and people with reduced mobility (there are ramps, a call button, stair lifts, handrails, and there are no thresholds at the entrance to the courtrooms).

For the first time in three years of the NPM’s activity, the monitors saw Braille signs on the doors of the courtrooms, and on the floor in the corridors – signs indicating the direction of movement to the courtrooms with the numbers of the halls. In all halls for the consideration of criminal cases, videoconferencing facilities have been installed and used.

The court has created decent conditions for the stay of guards (there is a relaxation room with printed periodicals, an electric kettle, a microwave oven).

However, during the visit, the monitors identified a number of shortcomings that are a violation of international and national legislation, namely:

– the premises for defendants (convicts) are located in the basement of the courthouse, which does not meet the minimum standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;

– the area of ​​the cells is smaller than that provided for by state building codes and international standards for accommodating one person;

– air disinfection in the premises for defendants (convicts) using a quartz (bactericidal) lamp is not carried out, there is no forced mechanical ventilation;

– the legal aid office for trial participants is not used for confidential communication between defendants (convicts) and their lawyer;

– first aid kits are not stocked with the necessary medications, and some medications have expired (according to the court management, the first aid kits were stocked at the employees’ own expense);

– metal fences in the courtrooms have not been replaced with transparent glass structures.

A detailed report on the results of the visit with recommendations for their elimination will be sent to the management of the State Judicial Administration of Ukraine.