Foreigners at Chernihiv TAC have no free access to information on the
possibility of receiving free secondary legal aid or contact information of a center
providing such services near the facility.
Regulatory deficiencies leading to ill-treatment:
According to Ukrainian legislation, foreigners and stateless persons who had
committed administrative offence (illegal stay in Ukraine or border crossing) can be
expelled from Ukraine based on the decision of an administrative court. Until
completion of measures necessary to implement the court decision on expulsion, they
are held in the custody of the centers for temporary stay of foreigners and stateless
persons of the State Migration Service of Ukraine (TACs).
Current legislation authorizes the State Migration Service of Ukraine and the
State Border Guard Service of Ukraine to take decision on placement of persons into
the TACs (the Law of Ukraine “On Legal Status of Foreigners and Stateless Persons”,
the Law of Ukraine “On amendments to laws of Ukraine pursuant to adoption of the
Law of Ukraine “On Legal Status of Foreigners and Stateless Persons”” dated
16.10.2012, 5453-ІV).
Consequently, a person is virtually deprived of his/her liberty for a very long
time (up to 12 months) with not relevant court decision, which can be viewed as a
violation of the right to liberty.
The Regulation on the center for temporary stay of foreigners and stateless
persons illegally staying in Ukraine adopted by the MIA order #390 dated 16.10.2007
does not comply with certain norms of Ukrainian legislation and international
standards in the field of protection of the rights and freedoms of foreigners, in
particular, in relation to:
The requirement for immediate provision of sufficient
relevant information to support adaptation in conditions of deprivation
of liberty to a foreigner or stateless person at the time of placement into
the TAC in a native or other language that s/he understands;
Definition of a clear list of items allowed (prohibited) for
use at the TAC;
Exclusion of the possibility of placement of foreigners and
stateless persons to the so-called localized rooms (as a form of
disciplinary punishment);
Obligatory written permission of a medical staff for the
placement of foreigners or stateless persons to these rooms, and daily
medical supervision of mental and physical health of these persons;
Guarantees for confidentiality of medical examination of
foreigners and stateless persons;
Possibility to submit personal belonging and items to the
competent TAC official at any time at one’s will;
Possibility for the families for spending time together
during the day.
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