Ukraine lacks nationwide relocation program for penitentiary facilities during martial law – lawyer

Ukraine does not have a nationwide program for relocating penitentiary facilities during martial law, leaving institutions without mechanisms for rapid response to threats – particularly the evacuation of inmates – according to Oleksandr Zaitsev, a lawyer with Grain Law Firm.

"After the massive shelling of Belenkivska Correctional Colony No. 99, which killed at least 16 people, the issue of relocation became critical. This tragedy showed that the penitentiary system failed to respond adequately to obvious threats. At present, there is no public information that relocation is being carried out systematically or according to a plan. Ukraine has no nationwide relocation program for penitentiary institutions during martial law; facilities remain near combat zones without evacuation mechanisms for inmates," Zaitsev told Interfax-Ukraine.

According to him, the Belenkivska case demonstrated that safety levels in penitentiary institutions during martial law remain critically insufficient.

"People deprived of liberty cannot take care of their own protection: they lack access to shelters or bunkers, they cannot move freely or evacuate in case of danger. Unfortunately, many facilities today lack even basic security measures: they have too few protective structures, no clear and implemented evacuation plans, and no designated alternative safe locations to house inmates in case of hostilities or heavy shelling," he said.

Zaitsev pointed out that "signals about the lack of shelters, impossibility of evacuation, and lack of medical care in facilities near the frontline indicate a systemic crisis." For instance, he noted that Kyiv's pre-trial detention center – located in a relatively safe area – still has no protective facilities for inmates, such as shelters or bunkers. As a result, prisoners remain in their cells during air raid alerts.

"The only safety measure in the state-run Kyiv pre-trial detention center is the suspension of all routine activities and taking inmates out only for investigative or procedural actions. In other words, the only measure is keeping prisoners in their cells. As of now, it cannot be said that the life and health of inmates in the Kyiv pre-trial detention center are safeguarded – they are under real threat every day, and the administration has no practical ability to prevent it," Zaitsev said, adding that staff also face danger, though they at least have the option of moving to shelters during shelling. However, he noted, even these measures are questionable because leaving inmates unsupervised poses additional risks.

He emphasized that Ukraine currently has no clearly defined relocation procedures.

"The absence of detailed instructions and the necessary infrastructure means the rights of persons subject to relocation may not be adequately protected. This situation requires urgent regulatory reform to ensure compliance with standards even under emergency conditions," the lawyer argued.

Commenting on prisoners' access to lawyers during wartime, Zaitsev noted that Ukrainian law clearly provides for confidential, unlimited meetings between inmates and their attorneys. In practice, however – especially in frontline areas – this right largely depends on security conditions, restrictions, and logistical obstacles.

"During air raid alerts, at checkpoints, or when regions are sealed off, access to penitentiary institutions often becomes practically impossible. For lawyers in frontline areas, fully performing their professional duties is extremely difficult," he said.

According to Zaitsev, the full-scale invasion has posed unprecedented challenges to the penitentiary system – from limited resources and destroyed infrastructure to threats to the safety of both inmates and staff.

"Formally, the penitentiary system continues to perform its core functions: detention, security, and administration. But many processes related to rehabilitation, social support, and human rights protection operate at an inadequate level," he said.

Zaitsev stressed that the most pressing issues today involve access to adequate medical care, ensuring safety during hostilities, and enabling inmates to maintain contact with their lawyers and families.

"The work of Ukraine's penitentiary system can be described as operating under the extreme conditions of the aggressor's full-scale invasion, but in dire need of support, revised approaches, and stronger human rights protections. There is great hope that Ombudsman Dmytro Lubinets' appeal to the Prime Minister and Minister of Justice will become the first step toward systemic changes to ensure proper responses to wartime challenges, though in my view, this should have started back in 2022," the lawyer concluded.