The response stated the following:
“Analysis of reports received by the MIA confirmed that most widespread
violations in activities of the monitored institutions and bodies include failure to ensure
proper conditions of detention in the premises for apprehended and detained persons,
as well as special facilities of police, inadequate official record-keeping, and violations
of the procedure on notification of the centers for free legal aid.
Measure to eliminate deficiencies related to the lack of proper conditions of
detention in the premises for apprehended and detained persons, as well as special
facilities of police are slow due to the lack of funding of the bodies of internal affairs.
For instance, currently equipment of 385 premises for apprehended and detained
persons at the duty stations, as well as 100 special facilities does not comply with the
recommendations of the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment. Therefore, they require proper
refurbishments that take place if funding is available. These refurbishments took place
only in the THFs of Zhytomyr city department of MIA Directorate in Zhytomyr region,
Vovchansk and Zmiyiv district department of the Main Directorate of the MIA in
Kharkiv region. Due to the lack of funds, construction of 12 THFs is on hold.
At the same time, staff of the Department of Public Safety of the MIA conducted
visits to 16 regions with inspections of 68 city, district and line departments for the
purposes of oversight of the functioning of THFs, units of convoy service of police,
including implementation of recommendations following monitoring visits.
Disciplinary penalties were imposed on 55 officials, including 35 senior management
officials”.
The above confirms that MIA officials take into consideration recommendations
that require significant funding. At the same time, majority of identified violations and
deficiencies do not require significant funding and depend solely on executive
discipline of individual officials. Additional funding is not necessary to ensure the
apprehended person’s right to defense immediately after apprehension (notify the
Center for free legal aid) or enter information on the person’s stay at the bodies of
internal affairs in the Registry of persons taken into custody, visitors and invited
persons. Moreover, there is no funding needed to stop apprehensions without a ruling
by investigating judge or court long after occurrence of crime in violation of Article
208 of the CPC.
113
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