According to Article 13 of the Law of Ukraine “On Ukrainian Parliament Commissioner for Human Rights”, the following institutions of the State Migration Service (hereinafter – the SMS) are subject to monitoring: Centers for temporary stay of foreigners and stateless persons illegally staying in Ukraine (hereinafter – TACs); Temporary accommodation centers for refugees57. The SMS of Ukraine maintains and operates two TACs designed for simultaneous accommodation of 373 persons: - Volyn TAC (capacity – 165 persons); - Chernihiv TAC (capacity – 208 persons). According to official data of the migration agency, during 2014 these TACs held 407 foreigners and stateless persons (in 2013 – 337 persons), including 312 persons in Volyn TAC and 95 persons at Chernihiv TAC. Since the TAC in Chernihiv region was not functioning during the second half of 2013 due to refurbishments, staff of the NPM Department of the Secretariat of the Commissioner visited the TAC twice in 2014 – in August and December of the reporting period. During monitoring visits, administration and personnel of these facilities did not impede access of monitoring groups to premises and confidential communication with the detainees. Results of confidential communication with foreigners and stateless persons, interviews with the staff, inspection of official records and premises of TACs showed no instances of torture or cruel treatment of detainees in 2014. Based on the results of monitoring visits by NPM Department, the administration of the center and the leadership of the State Migration Service of Ukraine undertake efforts to the extent possible to implement recommendations for the prevention of inhuman or degrading treatment of the TAC “residents”. In particular, following NPM recommendations, the migration agency developed leaflets on the foreigners’ rights, duties, house regulations, contacts of organizations and institutions providing legal and other assistance. In addition, at Chernihiv TAC, the TV was repaired and payphone functioning was resumed following the visit in August 2014 when they were not working. 57 The national preventive mechanism does not monitor temporary accommodation centers for refugees since, according to the legislation, the state does not restrict asylum seekers in their decision on whether to stay at these centers, as well as they can leave and return at their own will. At the same time, the NPM continues to monitor legislation in this field to establish whether these centers are places of detention in the understanding of Article 4 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. 146

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