The Human Rights Ombudsman in the Donetsk People’s Republic continues to receive requests from persons convicted before the conflict regarding the transfer to the territory of Ukraine to continue serving their sentences.
We hereby clarify that the transfer of convicts is carried out under the Decree of the Head of the Donetsk People’s Republic of 12.11.2015 No. 424 “On the transfer of convicted prisoners, who are under custody in penitentiary institutions of the Donetsk People’s Republic, and criminal files, kept in the courts and investigative bodies of the Donetsk People’s Republic, to Ukraine”.
This mechanism has been developed with the view to ensure the rights of persons convicted by the courts of Ukraine and serving sentences in correctional institutions of the DPR. Most of them used to live in and have registration in the areas controlled by Ukraine. In addition, relatives of convicts living outside the Republic do not have the opportunity to regularly visit the convicts for objective reasons (health condition, the need to look after children or dependants, hostilities, long distances etc.)
Despite the unilateral character of the transfer of convicts, the Donetsk People’s Republic prepares lists of persons to be transferred, following the established procedure. The lists are being compiled by the State Penitentiary Service of the Ministry of Justice of the Donetsk People’s Republic based on the requests from convicts.
Having received the relevant information, the Ombudsman organizes the transfer of convicts and their criminal files, kept in the courts and investigative bodies of the Donetsk People’s Republic, to Ukraine.
Under the legislation in force, the following convicts are eligible for the transfer:
- those convicted by Ukrainian courts in the territory of Donetsk region before the conflict;
- those who expressed the desire to continue serving their sentence in the territory of Ukraine;
- those who filed the appropriate request with the State Penitentiary Service of the Ministry of Justice of the Donetsk People’s Republic.