The impact of war on prisons and penal reform in Ukraine

© UNODC

Damage at a prison in Ukraine.

Kyiv (Ukraine), 21 December 2023 - After Russia’s full-scale invasion in February 2022, the war in Ukraine has caused immense human suffering and has had a severe impact on access to essential services.

Like other services in Ukraine, the Penitentiary Service has been confronted with unprecedented challenges. The total or partial destruction of prisons housing nearly 10,000 prisoners resulted in large-scale evacuations, and continues to have a significant impact on prison operations.

"Ukraine's prisons have been badly affected by the war, with extensive damage and severe disruptions to prison management and conditions,” said Ms. Denise Brown, United Nations Resident Coordinator and Humanitarian Coordinator in Ukraine.

The disruptions have in turn put prisoners’ security and basic needs at risk and created an exceptionally challenging environment for prison staff, all of which has jeopardized Ukraine’s ambitious reform plans for its penitentiary service.

At the request of the Ministry of Justice of Ukraine, the United Nations Office on Drugs and Crime (UNODC) conducted an in-depth assessment to determine what kind of emergency assistance was needed and how to undertake prison and penal reform in Ukraine. Consultations were held with the Ukrainian Ministry of Justice, the Penitentiary Service and the Probation Service, and civil society organizations who requested specific support on international cooperation, capacity building and knowledge-exchange.

More international cooperation

The first goal was to create opportunities for more international cooperation to bring in expertise and insights from outside Ukraine while showcasing the situation in the prison sector in Ukraine.

In June 2023, the Ministry of Justice of Ukraine, supported by UNODC, hosted the International Penitentiary Forum in Kyiv. Representatives of prisons and probation services from 18 Member States, civil society organizations and international partners came together to help examine and prioritize Ukraine’s emergency needs while discussing ways to enhance its crisis response capacity and recovery planning.

"This Forum proved to Ukrainians and the world that the Ukrainian penitentiary system is changing,” said Mr. Denis Malyuska, Minister of Justice of Ukraine. “We have travelled a difficult path from the Soviet past to observing prisoners' rights according to international standards, but we have made important progress. There are still many challenges ahead during these difficult times, and the support and unity of our partners - both in Ukraine and across the international community - is essential to overcome them.”

A main focus was the proposal developed by Ukraine’s Ministry of Justice and UNODC – Penitentiary Assistance in response to the Armed Conflict and Emergency Needs in Ukraine (PACE.UA). Its purpose is to improve prison and offender management in Ukraine; enhance the country’s emergency response and crisis preparedness; and support longer-term institutional reform efforts in the Ministry of Justice.

"The Penitentiary Forum offered an opportunity to kick-start this essential work. I call on Member States to support this important initiative and stay with Ukraine,” Ms. Brown noted.

Building capacity

The second goal was around building capacity on the basis of the Nelson Mandela Rules – also known as the Standard Minimum Rules for the Treatment of Prisoners. In May 2023, Ukraine joined the Group of Friends of the Nelson Mandela Rules, 40 Member States and other entities committed to promoting the practical application of this universally recognized blueprint for prison management.

UNODC supported the translation of the Nelson Mandela Rules into Ukrainian and, in December 2023, launched its e-Learning cours e on the Rules in Ukrainia n – an invaluable tool for strengthening users’ knowledge and skills in good prison management.

Knowledge exchange

The third goal was to facilitate knowledge exchange between Ukraine and other countries. The following events are examples of how powerful this proved to be:

As a follow up to the Penitentiary Forum, the National Administration of Penitentiaries of the Ministry of Justice hosted a visit of the Ukrainian officials to Moldova in October 2023 to share experience and knowledge.
A study visit to Croatia
In partnership with the Ministry of Justice and Public Administration of the Republic of Croatia, UNODC organized a study visit of seven high-ranked Ukrainian officials from the Ministry of Justice and the State Penitentiary Service to Croatia in September 2023. They exchanged best practices with their counterparts in the Croatian prison administration, who drew on their own experience of managing prisons and penal reform in war and post-war periods. The Ukrainian delegation also visited prisons in Zagreb, Lepoglava, Turopolj and Varaždin. Following the visit, both parties agreed to continue to share knowledge and expertise to support and learn from one another.
Ukraine at the 25th Annual Conference of the International Corrections and Prisons Association (ICPA)
In October 2023, UNODC facilitated the participation of Mr. Serhii Hrechaniuk, Head of the State Penitentiary Service in Ukraine, at the ICPA, where more than 800 participants from 79 countries pooled their knowledge and experience to discuss the latest developments in the field. With the support of UNODC, the Ukrainian delegation organized a workshop on enhancing the resilience of prison management during times of war and appealed to the international partners to join efforts to address existing challenges.

Next Steps

UNODC continues to support Ukraine as it navigates these complex challenges. The knowledge and expertise of international partners will be essential to help develop and implement the new PACE.UA programme, which aims to address emergency needs and facilitate institutional change in the prison service in Ukraine.