Children behind bars: the horrific truth about the survival of teenagers and mothers with children in detention centres

Behind the walls of detention centers and colonies hides a world where human dignity is often devalued to the limit, and the struggle for survival becomes a daily reality. Adolescents caught in pre-trial detention centers find themselves in a hostile environment where even their physical survival depends on power structures and informal “laws”. Their psyche is destroyed under the pressure of constant fear, aggression and hopelessness. For them, the prison system becomes a real test, where any mistake can cost health or even life. At the same time, in other prison walls, mothers with children who are serving sentences also have to cope with suffering. They are forced to raise their children in a world where childhood is limited by concrete walls and barbed wire. These children are born and grow up behind bars, not knowing what freedom is, and their mothers are faced with a difficult choice between their own correction and trying to protect their children from the terrible reality

Physical and moral torture

For data according to a study conducted in September-December 2023 by a team of international and national experts as part of the Council of Europe project “Protection of Children’s Rights during the War and in the Post-War Period in Ukraine”, 53 minors are held in pre-trial detention centers, and 31 teenagers are held in colonies.

Currently, there is only one juvenile detention facility left and operating in Ukraine – the Kremenchug Educational Colony for Boys. The educational colony for girls is actually organized as a sector on the basis of the Melitopol Penitentiary No. 144 for women, which is located in the temporarily occupied territory. The sector for keeping delinquent girls is organized on the basis of the special sector of the Berezhana correctional colony No. 141, where three girls are serving their sentences.

It is worth noting that the number of juveniles serving prison terms has decreased by more than 10 times. This is taking place against the background of a significant decrease in sentences that determine the actual deprivation of liberty as a punishment, as well as a decrease in the number of persons under the age of 18 who commit criminal offenses. However, it is still too early to talk about a steady trend towards a decrease in the number of crimes committed by teenagers.

The existence of only two institutions for children in conflict with the law for the whole country is a serious problem, because these institutions have all the necessary conditions for the maintenance of teenagers, which do not violate their rights. What can’t be said about detention centers. Currently, about 170 minors are detained in pre-trial detention centers.

Detention centers are places where teenagers often wait years for trial. The cells are overcrowded, and there isn’t even a bed for everyone. Teenagers are forced to sleep on the floor, in conditions of eternal cold or heat. Hygiene is a luxury they can rarely afford. Instead of hot water, there is a cold shower once a week, and the toilets are often not separated from the common space. Minors often become victims of abuse by adult prisoners, because the pre-trial detention center administration does not always follow the rules of distribution by age. Fights, humiliation, psychological pressure – all this becomes part of their daily reality.

According to human rights defenders, the conditions in some cells are simply terrible. There are cells where the toilet stands on a so-called “pedestal” and a person defecates in front of all the cellmates. This remained from Soviet times. There are also cells that are specially built to make prisoners feel uncomfortable there: the metal seats are screwed in so that it is impossible to sit on them, the walls are equipped with a so-called fur coat, so that you cannot lean on them. Conditions in pretrial detention centers are often worse than in colonies.

The state of nutrition remains terrible. If the child has health problems or bans on any products for other reasons, then he can only rely on relatives or cellmates, if they agree to help them. Usually they give balanda, which stinks of sour cabbage.

The confirmation of the words about the terrible conditions of detention of minors in pre-trial detention centers is the recent visit of representatives of the Office of the Ombudsman to the pre-trial detention center “Kryvyi Rih Penitentiary No. 3”. Dmytro Lubinets, the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, in his Telegram channel reported about the following violations:

• there is no control over the educational process;
• high level of unsanitary conditions;
• lack of proper medical services for children;
• inadequate psychological assistance to minors;
• drinking water is not suitable for consumption and drinking water tanks are in unsanitary conditions;
• lack of conditions for leisure;
• ignoring air alarms and not transferring children to shelters.

Unsanitary conditions of detention of minors is one of the most common and serious problems. The cells where the children are kept are in a state of disrepair. Representatives of the Ombudsman report cases where drinking water tanks have sediment and dirt, which is a health hazard. The presence of cockroaches and other insects in the cells creates a threat of the spread of infections and undermines general hygiene.

Such conditions have a negative impact not only on the physical condition of children, but also on their psychological condition. Constant stay in unsanitary facilities creates an atmosphere of hopelessness and punishment, which reinforces emotional isolation and can contribute to the formation of negative behavioral patterns. Children exposed to such conditions are not only physically threatened, but also lose hope of rehabilitation and return to normal life after release.

Another important issue is the complete disregard for the right to education for minors. In Kryvyi Rih Penitentiary No. 3, proper conditions have not been created for children to continue their education. Education is a key factor in the resocialization of children who are in conflict with the law, but, unfortunately, in the conditions of the pre-trial detention center, this aspect is practically not discussed. Lack of access to educational resources means that children in detention miss out on important years of their development, which further limits their opportunities to integrate into society after release.

There is practically no control over the educational process, and the prison staff does not provide children with the necessary materials and support to continue their education. This creates additional barriers for children who, after release, have limited prospects in the labor market or in further education.

Psychological support is another important aspect of keeping children in custody, but as practice shows, it is unsatisfactory in Kryvorizka SIZO. Psychologists working in such institutions often do not take into account the specific needs of children and their psychological state. This leaves children alone with their experiences, which can have long-term negative consequences for their emotional state and behavior.

It is particularly worrying that the lack of adequate psychological support contributes to the development of depression, anxiety and aggression among minors. This increases the risk of re-offending, as children do not receive the necessary help to overcome their emotional and psychological problems.

Children’s nutrition problems are another flagrant violation of their rights. Representatives of the Office of the Ombudsman recorded a case when a child, who was in a pre-trial detention center with his mother, did not receive proper nutrition. Only thanks to the intervention of a partner organization was it possible to provide the child with the necessary food. This indicates systemic problems with ensuring the basic needs of children in places of execution.

In addition, the staff of the pre-trial detention center, contrary to the rules of conduct, smokes in rooms intended for minors.

Mothers with children behind bars

The fate of mothers who end up behind bars with newborns or young children is especially impressive. For them, the colonies turn into a double horror, because they are forced to fight not only for their own survival, but also for the survival of their child. One of the most acute problems identified by representatives of the Office of the Ombudsman is the lack of adequate medical care for children in custody. There have been recorded cases when children, especially babies who are with their mothers, were not provided with proper medical care.

One of the most famous examples is the case of an infant who suffered from a high temperature for a long time. One of the convicts reported that her child had a temperature of 38.5°C for a long time, and she was not even examined by a pediatrician, and only after the intervention of representatives of the Ombudsman did he examine her. Such cases are unacceptable, because timely provision of medical care is a fundamental right that the state must guarantee to every child, regardless of their legal status or place of detention.

According to the commission, problems with medical care for children are systemic. The institution’s representatives do not provide regular medical examinations and do not provide adequate medical care, even when necessary. The lack of qualified health workers, equipment and medicines is only part of the problem, which requires an immediate solution. This especially applies to children who are at increased risk of infectious diseases due to unsanitary conditions.

Problems with the nutrition of children staying in the institution with their mothers were also identified. In many colonies, there are no adequate conditions for childcare. Rooms where mothers and babies are kept often do not have basic amenities: baby food, toys, warm beds. Mothers, being in such an environment, suffer from constant stress, which negatively affects the psycho-emotional state of their children. Babies who grow up in colonies already at the first stages of life face horror and suffering that affect their development.

It was collected for the first time information on the number of children living with their mothers in correctional institutions in 2020, which indicated that 14 children under the age of three were in correctional institutions with their mothers.

It is clear that a mother serving time in prison has a negative impact on the child, which can be profound and long-lasting. In the future, such children may suffer from various fears, be withdrawn, have a sense of guilt, low self-esteem, and become victims of discrimination. All this can cause a disorder in the child’s physical and mental health.

Can children who were born in prison and continue to live there with their mother be called victims of imprisonment? In the case when a child is born in prison, it is deprived of the right to choose, it has no definition of the individuality of the guilt and punishment of the criminal. Can we say that when a child is in prison with his mother, the child’s interests are taken into account and his rights are not violated? Of course, a child should grow up in an atmosphere of comfort, love and care, and there is nothing for him to do in closed walls. But fate decided otherwise. And it must be understood that there are two sides to this problem: on the one hand, a prison certainly cannot be a suitable environment for an infant or a small child, and on the other hand, the forced separation of mothers and young children is extremely undesirable.

In such a case, the conditions of imprisonment and the availability of alternative childcare options are of great importance. It is necessary to maintain conditions for the child that are closest to real life, because during the stay in the institution serving the sentence, the child’s communication with family members, friends and the outside world is significantly reduced.

Women’s institutions should have special premises for the care of pregnant women and women in labor. Wherever possible, care should be taken to ensure that the birth takes place in a civilian hospital rather than a prison. If the child was born in prison, this circumstance should not be mentioned in the birth certificate. Where mothers-prisoners are allowed to leave their babies with them, it is necessary to provide for the creation of nurseries, where qualified personnel would work. Children should be placed there during periods when mothers will not be able to take care of them.

Of course, such an institution with violations of children’s rights, like the pre-trial detention center in Kryvyi Rih, is not the only one in Ukraine. So, in December of last year, employees of the Secretariat of the Human Rights Commissioner of the Verkhovna Rada of Ukraine made a similar monitoring visit to the Kyiv pretrial detention center regarding the observance of children’s rights under martial law. At the time of the monitoring visit, there were 3 women with children under 3 years old and 1 minor in the institution. According to the results of the inspection, the fact of violation of children’s rights to education was recorded. Teenagers in detention were provided education only from the 9th grade by the evening school serving the pre-trial detention center. At the same time, such children often did not know how to read and write at all. Some minors were not enrolled in evening school because they did not have documents about their previously acquired education.

The organization of the provision of educational services in the pretrial detention center did not fully meet the requirements of the law. The cells in which the teenagers are kept are in poor sanitary conditions and in need of repair: there is mold on the walls, there are no doors in the toilet compartments, the plumbing is leaking, and the beds are broken.

In the Khmelnytskyi SIZO, where 13 minors were detained, the norms of separate detention of different categories of persons were violated: without the prosecutor’s sanction, detained children and adults were kept in the same cell. In addition, the norm of the area for one person, which cannot be less than 4 square meters, was not observed. Premises where minors are kept are not equipped with automatic fire alarms. Staff ignores alarms and does not transfer minors to shelters.

After release, adolescents and mothers often find themselves in an even more difficult situation than before imprisonment. Society despises the “formers”, and there are practically no opportunities for rehabilitation. Many children return to the criminal environment because of a lack of support and prospects. According to data from human rights organizations, more than 35% of adult prisoners have previously served their sentences in juvenile colonies. The psychological trauma received in colonies and pre-trial detention centers leaves them unable to return to a normal life.

Juveniles who have spent years behind bars do not receive proper education, do not have the skills to integrate into society, and systemic indifference only deepens their isolation. Even after release, they remain prisoners of their past.

Experience of foreign countries

The experience of foreign countries regarding the detention of children, adolescents and mothers with minor children in places of deprivation of liberty is significantly different from the Ukrainian practice, as many developed countries focus on rehabilitation and creating humane conditions for minors and mothers.

Norway has one of the most progressive prison systems for teenagers and mothers with children. Imprisoned teenagers are kept in special centers similar to educational institutions, where their socialization goes parallel to their education. The main goal is to help minors return to society. In addition to basic conditions such as clean rooms, regular walks and medical care, adolescents are given psychological support aimed at reducing recidivism.

Mothers with children can stay in specially equipped rooms with children’s play areas. Childcare and psychosocial support programs are also available for them, which help mothers adapt to new conditions without harming the child.

In Germany, there is a principle of decentralization for teenagers, where minors are kept in small institutions with an emphasis on an individual approach and psychological assistance. Prisons for teenagers, or “youth houses”, are created according to the principle of educational or rehabilitation centers. Adolescents here are not isolated from society, but, on the contrary, are involved in learning, acquiring professional skills and working with psychotherapists.

As for mothers with children, there are separate institutions in Germany that provide appropriate conditions for mothers and their children. There are special rooms equipped for babies and toddlers, and mothers have access to psychological counseling and child-rearing training.

In Canada, an important emphasis is placed on the individualization of the approach to juvenile detention. Adolescents undergo rehabilitation programs designed specifically for their needs and problems. Youth prisons are educational and rehabilitation centers where juveniles have the opportunity to study and work with qualified professionals. The level of crime among young people is significantly reduced after such programs.

Mothers with children are kept in special premises where a safe and healthy environment has been created for raising children. Mothers are able to focus on their role as parents and rehabilitation at the same time, which has a positive impact on their ability to return to normal life after release.

In Great Britain, the juvenile detention system focuses on education and psychological support. Instead of traditional prisons, minors are held in youth centers, where the focus is on rehabilitation and social adaptation. The main focus is on training and working with psychologists. Every teenager has the opportunity to receive education and vocational training so that after release they have a chance for a new life.

Mothers with children in British prisons have access to specially equipped units where children receive proper care and mothers have the opportunity to engage in parenting and undergo rehabilitation programs. Prisons provide support to mothers to minimize trauma for children forced to live in prisons.

Foreign experience shows that most developed countries adhere to the principle of rehabilitation rather than punishment, especially for minors and mothers with children. The main emphasis is placed on the return of these people to society, providing them with appropriate housing conditions and helping them overcome psychological trauma. This is fundamentally different from the conditions in which minors and mothers are kept in Ukraine, where humane standards are not yet a priority.

This reality reveals a terrible truth: the penitentiary system, which was supposed to be a tool of correction, turns into a place where teenagers lose their last chances for a normal life, and mothers are forced to raise their children in a world without hope. Every day in such conditions is a step towards degradation and hopelessness, both for the young prisoners and for the mothers serving their sentences. But the most terrible thing is that their future is destroyed under the pressure of the indifference of society and an ineffective system that does not know how to protect, correct or give a chance for a new life.

It is obvious that the Ukrainian penitentiary system needs drastic changes. Children and mothers who end up in pre-trial detention centers and colonies should not be condemned to suffering and oblivion. Without proper housing conditions, support and rehabilitation programs, they have no chance for a decent future. The lack of attention to this problem on the part of society is a sentence not only for these people, but also for the country as a whole. If nothing is changed, we risk raising a whole generation in the shadow of colonies, doomed to hopelessness and loss of humanity.