Monitoring of the legislation of Ukraine, agency and interagency norms on
observance of rights and freedoms of detained persons and prevention of torture, cruel,
inhuman, or degrading treatment took place throughout the year. Its outcomes pointed
to the following issues that had already been mentioned in the NPM report in 2013:
- rules and standards in the current Regulations on the procedure of holding
of individuals detained by the State Border Service of Ukraine under
administrative proceedings for violation of the legislation on the state
borders of Ukraine and on suspicion of a criminal offence do not meet the
current minimum standards for the treatment of persons taken into custody
and, therefore, require revision;
- there is no legal regulation of the list of disciplinary measures towards
persons held in custody of the border agency, conditions and procedure
for their application, as well as guarantees for prevention of torture during
their application;
- another remaining unresolved legal issue relates to the duty of public
authorities to ensure proper conditions and vital needs (water, food, sleep,
satisfaction of natural needs etc.) in transit zones of international airports
for persons who were denied entry into the territory of Ukraine, whose
freedom of movement in the transit area of such airports is limited until
return to the country of departure.
Observance of human rights and freedoms at the Ukrainian state border
checkpoints
During 2014, there were two monitoring visits to Kyiv and Lviv airports
conducted to transit areas of airports for the purposes of monitoring observance of
rights and freedoms of citizens at the Ukrainian state border checkpoints (in 2013 –
one visit to the transit area of Kyiv airport).
Monitoring results confirmed the urgent need to find solution to the lack of
adequate conditions at transit areas of airports for persons denied entry into Ukraine
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