Implementation of the Commissioner’s recommendations following visits to
places of detention of the MIA of Ukraine
Official inquiries into shortcomings and violations by directorates and regional
and Kyiv main directorates of the MIA of Ukraine found during the Commissioner’s
exercise of NPM functions are in progress. For each inquiry, the Commissioner for
Human Rights receives a letter with inquiry files and conclusions. As a rule, according
to the MIA, the violations are confirmed in the course of inspection and shortcomings
that do not require significant financial expenses are corrected. In most cases,
disciplinary action is taken against a number of officials. However, repeat visits to city,
district and line departments and special facilities evidence that information about
elimination of shortcomings and violations is not always true. In addition, during
official inspections on specific facts provided by the Commissioner in relation to
criminal offences by certain IAB officials (unlawful apprehension in violation of
Article 208 of the CPC of Ukraine following long period after commission of crime,
violation of the right to defense etc.), the IAB leadership only imposes disciplinary
liability of perpetrators.
Meanwhile, prosecution authorities ignore information pointing to actual crimes
of specific officials during review of the Commissioners acts of response following
inspection of places of detention of the MIA. Even more so, the Commissioner sends
the act of response in accordance with Article 60 of the CPC of Ukraine, i.e. as report
on crime.
Actions of the Prosecutor’s Office in the city of Kyiv and the Prosecutor’s Office
in Svyatoshyn district of Kyiv serve as vivid illustration of such neglect of CPC
requirements. In particular, following a visit to Svyatoshyn district directorate of the
Main MIA Directorate in Kyiv on 30 May 2014, a letter from the Representative of the
Commissioner Yurii Belousov was sent to the Prosecutor’s Office in the city of Kyiv.
The letter mentioned specific offences committed by officials of Svyatoshyn district
directorate of the Main MIA Directorate in Kyiv. Moreover, the letter included a
statement specifying that it is sent in accordance with Article 60 of the CPC of Ukraine,
i.e. as an application or report on criminal offence to a state agency authorized to
initiate pre-trial investigation from an entity that is not a victim.
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